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Galaxy Cablevision
(“Provider”) shall provide the above-described services (“Services”) to the
customer in conjunction with Provider’s voice service partner and in
accordance with any applicable tariffs and regulations as may be modified
from time to time. In addition, the customer shall pay to Provider the
non-recurring, conversion, and installation fees prior to the institution of
service. PRIOR TO PROVISION OF SERVICE, PROVIDER RESERVES THE RIGHT TO
CONDUCT A CREDIT CHECK OF CUSTOMER, AND PROVIDER MAY REFUSE TO PROVISION
SERVICE IF CUSTOMER DOES NOT MEET PROVIDER’S CREDIT CRITERIA.
Customer and Provider also agrees to the following
terms:
1. Term of Service and Payment
a. Customer and Provider agree that this Agreement
shall be for a term of ONE YEAR. At the end of the initial ONE YEAR term,
customer will receive service on a month-to-month basis until the service is
terminated. In the event that this Agreement is terminated prior to the
full term, the customer shall pay to provider $250 at the time of
disconnection of the Service. However, the cancellation penalty will be
waived if prior to the end of the term of the Agreement the customer moves
out of Galaxy Cablevision’s serviceable area
or is deceased. All fees and services shall commence on the date of Service
installation.
b.
The bill customer will receive will show the total amount due and the
payment due date. Customer agrees to pay Provider monthly, in full, by the
payment due date. Provider may assess a late fee or other surcharges if
customer does not pay for service by the payment due date. Customer may
dispute Provider’s charges, and Provider will work in good faith with
customer to resolve any such dispute. If customer does not dispute
Provider’s charges within 60 days of the invoice date, then customer agrees
it has waived its ability to dispute such charges. Customer agrees to pay
timely all undisputed charges.
2. Provider’s Changes In Services and Charges
Subject to applicable law, Provider has the right to
change its service and equipment and its process or fees at any time.
Provider also may rearrange, delete, add to, or otherwise change the Service
or service level provided. Provider shall give customer notice of such
changes and the date on which such changes shall be effective. The notice
may be provided on customer’s monthly bill, as a bill insert, or by other
reasonable means.
3. Customer Conduct, Operating, Policies and
Conditions of Use
a. Customer shall use the Service for lawful purposes
only. Customer shall not transmit through the Service any material
(including any message or series of messages) that violates or infringes in
any way upon the rights of others (including copyright), that is unlawful,
threatening, abusive, obstructive, harassing, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any law.
b.
ADVERTISING, RESELLING, REUSE OR ANY SOLICITATON WITH RESPECT TO THE SERVICE
IS STRICTLY PROHIBITED WITHOUT EXPRESS WRITTEN APPROVAL FROM PROVIDER AND A
CONTRACT FOR PAYMENT OF RELATED FEES.
c.
The Service contains copyrighted material, trademarks and other proprietary
information, and the entire contents of the Service are copyrighted as a
collective work under the United States copyright laws. Customer may
download copyrighted material solely for Customer’s personal use. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, publication or commercial exploitation of downloaded
material will be permitted without the express prior written consent of
Provider and, where applicable, the third party copyright owner.
d.
Customer gives Provider consent to use, distribute, sell, transfer, loan, or
otherwise share with other persons or entities user lists as well as
individual usage information and aggregate information, in accordance with
applicable law. Individual usage and aggregate information includes
demographic data, usage patterns, preferences, survey data, or other
descriptive information Customer may opt out of such participation at any
time by contacting us at 1-800-365-6988.
e.
The provisions herein are for the benefit of Provider and its affiliated and
third party voice service partner, content or information service providers,
and licensors. Each shall have the right to assert and enforce such
provision directly on its own behalf.
f.
Without limiting any of the foregoing provisions, the following Additional
Operating Policies and Conditions of Use for Customers apply:
1)
Customers may not interfere with other users use of Provider’s Service.
2)
Customers may not use Provider’s Service in any manner that disrupts the
Provider’s system for other Customers, or which threatens to or actually
causes damage to the Provider’s system, integrated third-parties’ systems,
including those of Provider’s voice service partner, or is considered to be
abuse of the system. Depending upon the extent of the abuse, customer may
receive warnings, or in some cases, have Service suspended. Provider
reserves the right to monitor customer’s actions when deemed necessary to
troubleshoot connectivity problems or determine if there is an abusive of
the service.
3)
Service is sold to a single customer for use in a single household. Any
attempt to resell or distribute service without the express written
permission of Provider will result in immediate termination of service and
possible criminal prosecution.
4)
Violations of the Customer Conduct, Operating Policies, and Conditions of
Use are unethical and in some cases may be unlawful. Provider has no
practical ability to restrict conduct, which violates these policies and
conditions and cannot ensure prompt removal of content or immediate
cessation of violative conduct. Accordingly, Provider expressly denies any
liability to Customer or third parties for failure to enforce these policies
and conditions.
5)
In its sole discretion, Provider may initiate an investigation and, in order
to prevent further possible unauthorized activity, may suspend access to
Service to the individual Account in question. Confirmation of violations
may result in cancellation of the individual Account and/or criminal
prosecution.
4. E911 Service
a. Galaxy Cablevision
provides fully functioning E911 services, and Provider will strive to
maintain that service at the highest possible level. By signing this
Agreement, customer acknowledges that they understand the possible
circumstances under which E911 services may not be available, and customer
indemnifies and holds harmless Galaxy Cablevision, its officers, directors,
employees, affiliates and agents and any other service provider who
furnishes services to customer in connection the Service, from any and all
claims, losses, damages, fines, penalties, costs and expenses (including,
without limitation, attorneys fees) by, or on behalf of, you or any third
party relating to the absence, failure or outage of the Service, including
E911, incorrectly routed E911 calls, and/or the inability of any user of the
Service to be able to use E911 or access emergency service personnel
b. Customer
understands and acknowledges that it could lose E911 service
under the following conditions:
1)
If customer fails to register its physical address with Provider or if the
customer relocates the customer premises equipment installed by
Galaxy Cablevision (“CPE”) without first
advising Galaxy of relocation;.
2)
If customer uses a non-native phone number on the CPE;
3)
If customer’s broadband connection fails or if the network of Provider’s
voice service partner fails;
4)
If an electrical power outage occurs and the battery life on the CPE has
been exhausted;
5)
If there is a delay in making the customer’s registered location available
in the E911-related databases; or
6)
If other events beyond Provider’s control disrupt Provider’s ability to
provide the Services outlined in this Agreement, including E911.
5. Termination of Service
a. The provisions of this Agreement, including the arbitration
provision, shall survive termination of this Agreement.
b. Voluntary termination. In accordance with the Term of
Service and Payment provision of this Agreement (section 1), customer may
cancel its service at any time.
c. Involuntary termination. If payment is not received within
the time specified on Provider’s invoice to customer, then Provider may send
customer a disconnection notice. If the customer continues to fail to pay,
then Provider may disconnect service in accordance with Missouri law.
6. No Warranties on Service
PROVIDER MAKES
NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR CPE FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY
USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY
THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE
FOREGOING, PROVIDER DOES NOT WARRANT THAT THE SERVICE OR CPE WILL BE WITHOUT
FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF
CONTENT, DATA OR INFORMATION. NEITHER PROVIDER NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO
FURNISHES SERVICES CPE, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE
SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION
FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS,
PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR CPE OR ANY
OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF
PROVIDER’S OR ITS VOICE PARTNER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND
DESCRIPTIONS CONCERNING THE SERVICE OR CPE, IF ANY, BY PROVIDER OR
PROVIDER’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A
WARRANTY OF ANY KIND.
7. CPE Warranties
a. Limited Warranty.
Except as set forth herein, if customer received CPE from us and that
CPE included a limited warranty at the time of receipt, customer must refer
to the separate limited warranty document provided with the CPE for
information on the limitation and disclaimer of certain warranties. Remedies
for breach of any such warranties will be limited to those expressly set
forth in such documentation.
b. No Warranty.
IF A LIMITED WARRANTY DID NOT COME WITH YOUR CPE, CUSTOMER AGREES THAT IT IS
ACCEPTING THE CPE "AS IS." CUSTOMER’S CPE IS NOT ELIGIBLE FOR REPLACEMENT,
REPAIR OR REFUND.
8. Disclaimer of Liability for Damages
IN NO EVENT WILL
PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, VOICE
PROVIDER OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN
CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER
DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH,
PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE
SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH
THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET
FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF
WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF
LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY
PARTICULAR TYPE OF DAMAGES.
9. Mandatory Arbitration and No Jury Trial
Any dispute or
claim between customer, including anyone using the Service at customer’s
location, and Provider arising out of or relating to the Service or CPE will
be resolved by arbitration before a single arbitrator administered by the
American Arbitration Association in accordance with its Commercial
Arbitration Rules. The arbitration will take place in Benton, Missouri. The
arbitrator's decision will follow the plain meaning of the relevant
documents, and will be final and binding. Without limiting the foregoing,
the parties agree that no arbitrator has the authority to: (i) award relief
in excess of what this Agreement provides; or (ii) award punitive or
exemplary damages. Judgment on the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE
OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated
individually. Customer shall not bring, or join any class action of any
kind in court or in arbitration or seek to consolidate or bring previously
consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES
A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO
JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, MISSOURI. |
