This agreement sets forth the terms and conditions under which Morris Broadband Services ("Morris Broadband") will provide High Speed Data ("HSD") service to you at your home or business.
1. THE SERVICE
1.1 HSD IS A SERVICE PROVIDED BY MORRIS BROADBAND THAT WILL PROVIDE YOU INTERACTIVE ACCESS TO THE INTERNET AS A REGISTERED CUSTOMER OR AUTHORIZED USER
Subject to the terms and conditions of this Customer Use Agreement ("Agreement"). HSD is accessible through a Computer using equipment such as a modem and a network interface card, and software.
1.2 MORRIS BROADBAND WILL PROVIDE YOU WITH ACCESS TO HSD AT YOUR HOME OR BUSINESS
Morris Broadband will provide one cable outlet for a separate cable connection to your computer; one cable modem, and the connection between the modem and your computer. Morris Broadband will provide a single user IP address for each authorized modem and computer.
1.3 NO REPRESENTATION, WARRANTY, TERM OR CONDITION OTHER THAN AS SPECIFICALLY SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON MORRIS BROADBAND.
1.4 MORRIS BROADBAND RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS AGREEMENT, INCLUDING THE CHARGES FOR INSTALLATION AND SERVICE, AT ANY TIME AND FROM TIME TO TIME
Except as otherwise provided in this Agreement, any modification is effective immediately upon posting on Morris Broadband's website, or notification to you by electronic mail or conventional mail, as provided in Section 11. Your continued use of HSD following modification to this Agreement, including the charges for installation and service, shall be deemed as acceptance of such modification.
2. GENERAL SUBSCRIBER OBLIGATIONS
2.1 YOU ARE SIGNING THIS AGREEMENT ON BEHALF OF YOURSELF AND ANY PERSON WHO ACCESSES HSD THROUGH YOUR COMPUTER, UNDER YOUR SCREEN NAME OR PASSWORD OR THROUGH THE CABLE OUTLET IN YOUR HOME OR BUSINESS
You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms.
2.2 SUBSCRIPTION TO HSD IS RESTRICTED TO INDIVIDUALS OF AT LEAST 18 YEARS OF AGE
By subscribing to HSD, you certify that you are at least 18 years old. Morris Broadband may, in its sole discretion, accept
2.3 YOU AGREE TO PROVIDE MORRIS BROADBAND WITH ACCURATE, COMPLETE AND CURRENT INFORMATION
Including your legal name, age, address, telephone number(s) and payment data (i.e., credit, debit or charge card numbers and expiration dates) upon subscribing to HSD. You agree to promptly inform Morris Broadband if there is any change in the information you provided to Morris Broadband at the time of enrollment. Failure to provide accurate information constitutes a breach of this Agreement and may result in immediate termination of service to you by Morris Broadband.
2.4 HSD IS PROVIDED TO YOU AT YOUR CURRENT HOME OR BUSINESS
You may not transfer your subscription or your rights and obligations under this Agreement to any person other than yourself at a different location without prior approval from Morris Broadband Services.
3. COMPUTER EQUIPMENT REQUIREMENTS
3.1 CERTAIN MINIMUM CONFIGURATION STANDARDS ARE REQUIRED FOR USING HSD INCLUDING, BUT NOT LIMITED TO, WINDOWS 98 OR HIGHER AND A 10BASET-ETHERNET PORT
You understand that HSD may not be operational without these minimum requirements and certify that your equipment or software, at a minimum, conforms to this set of technical configuration requirements.
3.2 MORRIS BROADBAND SERVICES WILL INSTALL AN ADDITIONAL CABLE OUTLET AT YOUR RESIDENCE OR BUSINESS FOR THE USE OF HSD
The use of this outlet shall be strictly limited to the purpose of accessing HSD. You may not relocate this outlet or use HSD from any other cable outlet without the prior approval of Morris Broadband.
3.3 EXCEPT FOR THE CABLE MODEM, YOU ARE RESPONSIBLE FOR PROVIDING, AT YOUR COST, ALL OTHER EQUIPMENT (E.G. PERSONAL COMPUTER, ETHERNET CARD) REQUIRED FOR ACCESS TO HSD
4. PAYMENT TERMS
4.1 YOU AGREE TO PAY AN INSTALLATION FEE
A monthly recurring charge and all charges for use of HSD under your account at the rates in effect during the billing period in which the charges were incurred. You agree to pay any local, state and/or federal taxes and fees imposed or levied on or with respect to your subscription to or use of HSD.
4.2 MORRIS BROADBAND RESERVES THE RIGHT TO CHANGE THE AMOUNT OF FEES AND CHARGES FROM TIME TO TIME AT ITS DISCRETION
And upon 30 days notice to you in accordance with Section 1.4.
4.3 INSTALLATION FEES ARE DUE AT THE TIME OF INSTALLATION
Monthly charges are payable up to 30 days in advance. Failure to pay the full amount of your account balances within 30 days of billing will cause disconnection of service or a late fee, at Morris Broadband's discretion. Morris Broadband may charge a reasonable service charge for all returned checks and bankcard or charge card charge backs.
4.4 IF YOU DISCONTINUE SERVICE OR ARE DISCONNECTED, YOU AGREE TO PAY A RECONNECT CHARGE BEFORE RECONNECTION
You further agree to be charged and to pay any outstanding balance in the event of cancelation, disconnection or termination of your account. 4.5 You will be responsible for all expenses (including reasonable attorneys' fees) incurred by Morris Broadband in collecting any unpaid amounts you owe Morris Broadband.
5. CHARGES FOR ON-LINE SERVICES/INTERNET TRANSACTIONS
5.1 THROUGH USE OF HSD, YOU MAY ACCESS CERTAIN INFORMATION, PRODUCTS, AND SERVICES
From persons other than Morris Broadband for which there is a charge, including certain on-line services such as America Online. YOU AGREE THAT ALL SUCH FEES OR CHARGES FOR ON-LINE SERVICES, PRODUCTS OR INFORMATION ARE YOUR SOLE RESPONSIBILITY AND NOT THE RESPONSIBILITY OF MORRIS BROADBAND.
5.2 YOU ALSO AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PROTECTING THE SECURITY OF YOUR CREDIT CARD INFORMATION FROM UNWANTED OR UNAUTHORIZED CHARGES FOR INTERNET BASED TRANSACTIONS
6. SERVICE & PERFORMANCE
6.1 MORRIS BROADBAND WILL MAKE REASONABLE EFFORTS TO ASSURE THAT HSD WILL BE AVAILABLE TO YOU 24 HOURS PER DAY 7 DAYS PER WEEK
It is possible, however, that there will be interruptions of service and users will contend for bandwidth. As a result, depending on intensity of customer use of HSD, and Internet use generally, the bandwidth available to you and the speed of service may not always be at optimum levels. You are responsible for management of your data stored on or transmitted over the HSD service. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space you control, and your selection and use of security features. None of Morris Broadband, its agents and its subcontractors shall have any obligation to develop and maintain management and security procedures (such as application logon security and encryption of data) to protect your information. Solely for the purposes of maintaining the HSD service, Morris Broadband, its agents and its subcontractors may need to view and work with portions of the data you transmit using the HSD service (such as address header information). You agree that Morris Broadband, its agents and its subcontractors may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute your data domestically and internationally for such purposes. Except for purposes of operating and maintaining the HSD service, Morris Broadband, its agents and its subcontractors shall not reverse assemble, reverse compile, or to disclose to third parties the information that you transmit while using the HSD service (unless required by law, court order, an authorized government entity, or as otherwise authorized by you). You agree that access to ideas, concepts, know-how, and techniques contained in data viewed or worked with during the maintenance and operation of the HSD service and retained in the memories of employees of Morris Broadband or its agents or its subcontractors will not prohibit or prevent Morris Broadband or its agents or its subcontractors from developing or marketing any service or product. HSD service is generally available 24 hours a day, seven days a week, provided, however, that Morris Broadband, its agents and its subcontractors reserve the right to schedule reasonable hours for maintenance or HSD service changes at their discretion.
6.2 IF YOUR USE OR MODIFICATION OF THE SOFTWARE, HARDWARE OR EQUIPMENT SUPPLIED BY MORRIS BROADBAND REQUIRES A VISIT TO YOUR HOME OR BUSINESS FOR REPAIR OR CORRECTION
Morris Broadband reserves the right to charge you for the equipment and labor required to correct the situation. Morris Broadband does not undertake to correct or repair software, hardware or equipment that it does not supply.
7. CUSTOMER USE
7.1 HSD IS FOR YOUR PERSONAL USE AND IS TO BE USED ONLY BY YOU, YOUR EMPLOYEES, AND MEMBERS OF YOUR IMMEDIATE FAMILY
Living with you or working for you at the same address using the cable modem provided and configured by Morris Broadband ("Authorized Users"). You are personally responsible for all use of HSD under your account. You agree not to resell, redistribute, network, assign, transfer or sublicense your access to HSD or the service in any manner. The prohibition above includes, but is not limited to the provision of e-mail, File Transfer Protocol ("FTP") and Telnet access. You also agree not to use HSD to operate as an Internet Service Provider ("ISP") or to operate any other business enterprise in competition with Morris Broadband. You agree that your violation of this Section shall authorize Morris Broadband, in its sole discretion, to immediately disconnect HSD and terminate this Agreement without notice. Due to the difficulty in quantifying damages to Morris Broadband for a violation of this Subsection 7.1, you agree to pay liquidated damages to Morris Broadband in the amount of $500 (five hundred dollars) per day for each day that you are in violation of this Subsection 7.1. These remedies shall be in addition to all others available to Morris Broadband in law and equity.
7.2 YOU MAY, AT YOUR DISCRETION, PERMIT AN AUTHORIZED USER LESS THAN 18 YEARS OF AGE TO USE HSD AND YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE TO PROVIDE ADULT SUPERVISION
You acknowledge further that HSD provides full access to the Internet without restriction. HSD is not intended to be used to enable persons less than 18 years of age to obtain material that is prohibited by law to be sent or displayed, including material deemed to be indecent or obscene.
7.3 MORRIS BROADBAND WILL PROVIDE YOU WITH AN INTERNET PROTOCOL ("IP") ADDRESS AS A COMPONENT OF THE SERVICE.
This IP address may change from time to time at the discretion of Morris Broadband. You agree not to alter, modify or tamper with the IP address or those of any person subscribing to HSD. Morris Broadband will take back the IP address upon disconnection, discontinuance or termination of service.
7.4 YOU AGREE NOT TO ALTER, MODIFY OR TAMPER WITH THE CABLE MODEM OR OTHER EQUIPMENT PROVIDED BY MORRIS BROADBAND, OR THE CONFIGURATION OF SUCH EQUIPMENT AS SET BY MORRIS BROADBAND
7.5 ANY CONDUCT BY YOU THAT, IN MORRIS BROADBAND'S SOLE DISCRETION, INHIBITS OR RESTRICTS ANY OTHER CUSTOMER, PERSON OR ENTITY FROM USING OR ENJOYING HSD SHALL ENTITLE MORRIS BROADBAND TO IMMEDIATELY DISCONNECT HSD AND TERMINATE THIS AGREEMENT WITHOUT NOTICE
You agree to use HSD only for lawful purposes. You may not use, or allow others to use, your HSD account, either directly or indirectly, to:
- post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities;
- post, transmit, promote, or facilitate the distribution of any copyrighted material, including but not limited to music, computer software, television shows, and movies without consent of the copyright holder;
- unlawfully access or attempt to access other computers or services, or to cause a disruption of service to other on-line users;
- cause disruption to Morris Broadband's backbone network, nodes, or services; or
- establish a web page, site, or email server on your computer.
8. LIMITATIONS OF LIABILITY: NO WARRANTIES
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, MADE ON BEHALF OF MORRIS BROADBAND AND ALL ITS AFFILIATES.
8.1 DAMAGE TO YOUR COMPUTER:
Morris Broadband assumes no responsibility whatsoever for any damage to or loss or destruction of the Computer, regardless of the source or proximate cause of such loss or destruction.
8.2 DAMAGE, LOSS OR DESTRUCTION OF SOFTWARE FILES AND/OR DATA:
Morris Broadband assumes no responsibility whatsoever for any damage to or loss or destruction of any of your software, files, data, or peripherals which may result from your use of HSD, or from the installation, maintenance, or removal of the service, equipment or software. Morris Broadband does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time.
8.3 NO WARRANTY/LIMITATION OF LIABILITY YOU EXPRESSLY AGREE AS FOLLOWS:
USE OF THE HSD SERVICE, SOFTWARE AND EQUIPMENT SUPPLIED BY MORRIS BROADBAND OR ITS AGENTS, EMPLOYEES OR CONTRACTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS "MORRIS BROADBAND"), AND HSD E-MAIL SERVICES IS AT YOUR SOLE RISK. NONE OF MORRIS BROADBAND, ITS AGENTS AND ITS SUBCONTRACTORS SHALL BE RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER THE HSD SERVICE, INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES. NONE OF MORRIS BROADBAND, ITS AGENTS AND ITS SUBCONTRACTORS GUARANTEE THAT ANY OF THEIR PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. THE HSD SERVICE, HSD E-MAIL SERVICES AND EQUIPMENT AND SOFTWARE SUPPLIED BY MORRIS BROADBAND ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. MORRIS BROADBAND'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE HSD SERVICE, E-MAIL SERVICES AND SOFTWARE AND EQUIPMENT SHALL BE THE REPLACEMENT OF ANY MORRIS BROADBAND PROVIDED DISKETTE OR MORRIS BROADBAND SUPPLIED EQUIPMENT FOUND TO BE DEFECTIVE. IN NO EVENT SHALL MORRIS BROADBAND'S LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO ACCESS AND USE THE HSD SERVICE WITHIN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL MORRIS BROADBAND BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, OPERATION, MAINTENANCE, FAILURE, REMOVAL, TERMINATION OR USE OF THE HSD SERVICE, E-MAIL SERVICES, SOFTWARE OR EQUIPMENT.
8.4 NO LIABILITY FOR UNAUTHORIZED ACCESS:
Morris Broadband does not warrant that any data or files sent or received by you using HSD over its cable network, or communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to your Computer. Morris Broadband has no responsibility and assumes no liability for such acts or occurrences. If you choose to run applications from your Computer that permit others to gain access to it, you must take appropriate security measures. Failure to do so may cause immediate termination of your service by Morris Broadband. Morris Broadband is not responsible for and assumes no liability for any damages resulting from others accessing your computer.
8.5 NO LIABILITY FOR VIRUSES:
Morris Broadband makes no representation or warranty that any software installed on the computer, including software installed by Morris Broadband, its agents, employees and contractors, or which you may download from the Internet, on-line service provider, or other information provider does not contain any virus or other damaging or destructive attribute. Morris Broadband has no responsibility and assumes no liability for such acts or occurrences.
8.6 NO LIABILITY FOR CONTENT:
While Morris Broadband supplies access to the Internet by HSD, it is not the publisher of any information provided by others through the Internet. Morris Broadband does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, on-line service or content provider. Such content or programs may include, without limitation programs or content of an infringing, abusive, profane or sexually offensive nature. All content from other parties accessed via HSD is accessed by you and those you have authorized, all at your own risk, and Morris Broadband assumes no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such content accessed using the HSD service.
9.1 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MORRIS BROADBAND
Its affiliated companies, partners, licensors, employees and agents from and against all losses, expenses, damages, liabilities, and costs, including reasonable attorneys' fees, arising out of any violation of this Agreement, the selection or use of your ID, or any activity related to your account by you or any other person accessing HSD using your account.
10.1 MORRIS BROADBAND MAY TERMINATE HSD, THIS AGREEMENT, THE LICENSE PROVIDED HEREIN, AND YOUR RIGHT TO USE HSD, AT ANY TIME FOR ANY REASON WITHOUT NOTICE BY MORRIS BROADBAND TO YOU
In addition, you may terminate this Agreement at any time upon the return of the cable modem and related connecting cables to Morris Broadband. Your bill will be pro rated for any prepaid service and will offset any outstanding amounts owed to Morris Broadband.
10.2 AFTER INSTALLATION AS PROVIDED IN SECTION1 OF THIS AGREEMENT
Morris Broadband shall not have any obligation to restore or reconfigure your computer, whether after the termination of HSD service or this Agreement or otherwise.
10.3 THE PROVISIONS OF SECTIONS 4
(Payment Terms), 8 (Limitation of Liability: No Warranties) and 9 (Indemnification) shall survive any termination of this Agreement.
11.1 MORRIS BROADBAND MAY DELIVER NOTICE TO YOU BY MEANS OF ELECTRONIC MAIL ON HSD
A general notice on HSD's website or by written communication delivered by first class United States mail to your address on record in Morris Broadband's account information.
12. ENTIRE AGREEMENT
12.1 THIS AGREEMENT
Including future modifications by Morris Broadband in accordance with Section 1.4 of this Agreement, constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto.
13. FORCE MAJEURE
13.1 MORRIS BROADBAND'S PERFORMANCE HEREUNDER IS SUBJECT TO INTERRUPTION AND DELAY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING
Without limitation, intensity of customer use of the HSD service and intensity of Internet use generally, customer directed activities, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain the necessary supplies and the like.
14.1 IF ONE OR MORE OF THE PROVISIONS IN THIS AGREEMENT ARE FOUND TO BE UNENFORCEABLE OR INVALID
Including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
15. NO WAIVER
15.1 FAILURE OF MORRIS BROADBAND TO ENFORCE ANY PROVISION OF THIS AGREEMENT SHALL NOT CONSTITUTE OR BE CONSTRUED AS A WAIVER OF SUCH PROVISION OR OF THE RIGHT TO ENFORCE SUCH PROVISION.
16. GOVERNING LAWS
16.1 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF
17. CUSTOMER INFORMATION & PRIVACY
17.1 YOUR PRIVACY INTERESTS, INCLUDING YOUR ABILITY TO LIMIT DISCLOSURE OF CERTAIN INFORMATION TO THIRD PARTIES, ARE SAFEGUARDED BY THE SUBSCRIBER PRIVACY PROVISIONS OF THE 1984 CABLE ACT, AS AMENDED
Your rights under the Cable act, and Morris Broadband's privacy practices, are described in the Subscriber Privacy Notice, which is available at any local Morris Broadband office location and is incorporated by reference.