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[Website Terms] [Internet Terms] [Cable Terms] [Phone Terms] [Email Terms] [Equipment Rental Fees]
[Policy and Procedure for Making Claims of Copyright Infringement] [Privacy Policy] [Internet Privacy] [Indiana Phone Service Tariff] [Website Privacy Policy] [Service Protection Plan] [Important Information for Video Service Subscribers]
WOW! Internet Terms of Service
I. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Email Retention Policy
Message rules
DMCA Policy and Procedure for Making Claims of Copyright Infringement Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. Pursuant to the DMCA, you may file a Notification of claimed infringement with the Designated Agent of WOW! if you believe that your rights under U.S. copyright law (See Title 17, United States Code, Section 512(c)(3)) have been violated. The DMCA provides the following procedure for parties to follow who wish to file a Notification of claimed infringement with WOW!.
Upon receipt of the written Notification containing the information described in 1 through 6 above, WOW! will, in accordance with applicable law:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, WOW! will, in accordance with applicable law:
NOTE: Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. See Title 17, United States Code, Section 512(d). 2. Changes to Service. WOW! shall have the right at any time to change, modify, discontinue or delete any aspect, feature or requirement of the Service, including but not limited to pricing, content, hours of availability, and equipment needed for access to and use of the Service. WOW! further has the right to add to or modify any rules, terms and conditions governing use of the Service at any time. An online version of this Agreement, and any policies or price list(s), as so changed from time to time, will be accessible at http://www.wowway.com/ or another online location as designated by WOW!. To the extent required by applicable law, WOW! will provide you with notice of the new or changed terms or prices by written, electronic or other means in our discretion (for example, we may notify you of such change by U.S. or overnight mail (e.g., in your billing statement), by hand delivery (e.g., delivery of our user guide at the time installation), by sending you an email or by posting the changed term or price on our website at http://www.wowway.com/). You agree that any one of the forgoing will constitute sufficient notice. Your continued use of the service, will be deemed to constitute your acceptance of such change. Because we may from time to time use the methods described above to notify you about important information regarding the Services, this Agreement, and related matters, you agree to regularly check your postal mail, e-mail, and all postings on our website at www.wowway.com (or at an alternative site as designated by WOW!). You understand and acknowledge that you bear the risk of failing to do so. 3. Customer Representations and Warranties. Customer represents and warrants that: A. Customer (or Customer's authorized representative and each end user of Customer's Account) is at least 18 years of age; provided, however, Customer may, at his or her discretion, permit minors to use the Service under adult supervision. Customer has provided and will continue to provide to WOW! accurate, complete, and current Customer information, including but not limited to Customer's legal name, address, phone number(s), and payment data (including but not limited to credit card numbers and expiration dates). Customer agrees that during the term of this Agreement Customer will promptly notify us if there is any change in the information that Customer has provided to us in accordance with the terms of this Agreement. If Customer fails to provide and maintain accurate information, Customer is in breach of this Agreement. B. Customer will comply with all export and re-export control laws, including but not limited to the Export Administration Act, the Arms Export Control Act and their implementing regulations, and Customer will not transfer, by electronic transmission or otherwise, any content derived from the Service to either a foreign national or a foreign destination without first obtaining any required government authorization. Customer further agrees not to upload to the Service any data or software that cannot be exported without prior written government authorization. The terms "export" and "re-export" mean transferring or releasing technology to another country or to a national of another by any means - physical, electronic or otherwise. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. C. Customer is responsible in all respects (including all payment obligations) for all use of Customer's Account in all circumstances, including under any screen name or password by any person. Customer is responsible for protecting the confidentiality of Customer's passwords. Customer will ensure that all use of Customer's Account complies fully with the provisions of these Terms and any operating rules that may be promulgated from time to time by WOW!, and all use by others of Customer's Account is subject to the terms hereof. Customer shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible for and liable for any and all breaches of the terms and conditions of this Agreement, whether the breach is the result of use of the Service and/or the WOW! Equipment by Customer or by any other user of the Service. Customer agrees to indemnify, defend and hold harmless WOW! and its affiliates and agents against all claims and expenses (including reasonable attorney fees) arising out of the use of the Service and/or the WOW! Equipment or the breach of this Agreement by Customer or any other user of the Service. 4. Uncensored Feed. Customer understands that the Service provides an uncensored feed from the Internet and that WOW! does not control, and assumes no responsibility for, content on the Internet or posted by a Customer. Customer acknowledges that there is some content and material on the Internet or otherwise available through the Service which may be offensive to some individuals, may be unsuitable for children, may violate federal, state or local laws, rules or regulations or may violate your protected rights or those of others. We assume no responsibility for this content or material. All content and material accessed by you or others through the Service is accessed and used by you or such others at their own risk, and NEITHER WOW! NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO ACCESS TO SUCH CONTENT OR MATERIAL BY YOU OR OTHERS. WOW! reserves the right (but does not assume the obligation) to immediately block the content of any website that it determines in its discretion contains content that violates federal, state or local law, including websites that depict child pornography. Questions or complaints regarding content or material should be addressed to the content or material provider. You acknowledge that software programs claiming to be capable of restricting access to sexually explicit material on the Internet are commercially available. We make no representation or warranty regarding the effectiveness of such programs. 5. Eavesdropping. Our facilities are used by numerous persons or entities including, without limitation, other subscribers to the Service. As a result, there is a risk that you could be subject to "eavesdropping." This means that other persons or entities may be able to access and/or monitor your use of the Service. This risk of eavesdropping exists not only with our facilities, but also on the Internet and other services to which access is provided as a part of the Service. Any sensitive, confidential or personally identifiable information posted, stored, transmitted (for example, by email) or disseminated by you is done so at your sole risk, and neither WOW! nor its affiliates, suppliers or agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by you. You acknowledge that software programs claiming to be capable of encryption are commercially available. We make no representation or warranty regarding the effectiveness of these programs. 6. File Sharing. WOW! recommends that Customer leave File and Print Sharing services turned off. If Customer leaves File and Print Sharing ON, it is possible that other users can access Customer's machine while Customer is on the Internet. Customer hereby acknowledges and agrees that the Customer assumes all risk associated with "file sharing", and that WOW! and its affiliates, suppliers or agents shall have no liability whatsoever for any claims, losses, damages, actions, suits or proceedings arising out of or otherwise relating to such use by the Customer. 7. FTP/HTTP. You acknowledge that when using the Service there are certain applications such as FTP (File Transfer Protocol) or HTTP (Hyper Text Transfer Protocol) which may be used by other persons or entities to allow such other persons or entities to gain access to Customer's Equipment. You are solely responsible for the security of the Customer Equipment or any other equipment you choose to use in connection with the Service, including without limitation any data stored on such equipment. Neither WOW! nor its affiliates, suppliers or agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such applications by you, or the access by others to the Customer Equipment or other equipment of yours. 8. Internet Speeds. WOW makes no representation regarding the speed of the Internet Service. Actual speeds may vary and are not guaranteed. Many factors affect speed including, without limitation, the number of workstations using a single connection. 9. Charges and Fees. B. Customer agrees to pay for the Service that he or she has subscribed to, including applicable charges for installation, equipment rental and all applicable local, state or federal fees or taxes. Monthly charges for the Service are set forth on a separate price list or sales order form ("Price List") and are subject to change in the future. Customers who participate in a promotional offer with a discount on monthly service fees will revert back to the standard monthly fee for the service at the end of the promotional period. Service charges will be billed monthly in advance and are payable on the due date specified on the bill. WOW! reserves the right in its sole discretion to determine how to apply partial payments or payments received from Customers that subscribe to multiple or bundled services. If we accept a partial payment, we do not waive our right to collect the full balance owed to us. If you make payment by check, you authorize WOW! to collect your check electronically. You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as "paid in full"), releases, or other statements on or accompanying checks or other payments accepted by WOW! and that any such notations shall have no legal effect. C. In the event Customer pays WOW! an amount in excess of the amount due for the current billing period cycle, Customer agrees that WOW! will apply the overpayment to the Customer's next monthly billing statement. If a billing dispute occurs, Customer has thirty (30) days from the date of receipt of the bill to register a written dispute with WOW!. Customer should send billing disputes to: WOW! Internet & Cable, Attn: Billing Disputes, P.O. Box 63000, Colorado Springs, CO 80962-3000. Failure to object to a billing statement in writing within the 30 day period constitutes Customer's conclusive acceptance of the accuracy of the billing statement. In all events, Customer is required to pay the undisputed amount of the billing statement. Customers who choose the recurring payment option agree that they are responsible for ensuring that accurate deductions are in place with their financial institution. In no event will WOW! be liable for reimbursement of inaccurate recurring payments unless notified in writing by Customer within sixty (60) days of the deduction. D. Customer must pay all monthly charges for the Service, along with all other WOW! services (cable television and/or phone), on or before the due date stated on the monthly bill. IN ADDITION, WOW! MAY REQUIRE THAT, ON OR BEFORE THE DAY WE INSTALL ANY OR ALL OF THE SERVICES, CUSTOMER PAY THE FIRST MONTH'S SERVICE CHARGES, EQUIPMENT CHARGES, ANY DEPOSITS, AND ANY INSTALLATION CHARGES. Failure to deliver payment by the due date is a breach of Customer's agreement with WOW! and may result in discontinuance of Service, the removal of equipment delivered and/or the imposition of a late fee or service charge. This individual breach causes WOW! to suffer damages in an amount that is difficult to ascertain with certainty. WOW! has made a reasonable estimate to determine the damages caused by late payments generally and has used this estimate to set a liquidated damages late fee amount. The current late fee is listed in the Price List or can be provided upon request. WOW! reserves the right to change the late fee amount at any time in the future. An additional charge may be imposed if a check or other form of payment (including bankcard and credit card charge backs) is not honored due to insufficient funds or credit. In the event collection activities are required, a collection charge (as determined by WOW! in its sole discretion), in addition to all expenses and fees (including collection agency fees, attorney fees and court costs) incurred by WOW! will be paid by Customer. WOW! does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to Customers. Any fees, charges, and assessments due to late payment or nonpayment are not interest, credit service charges, or finance charges. Such fees, charges, and assessments are not penalties. Rather, they are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. E. Delinquent accounts may be suspended or canceled at WOW!'s sole discretion; however, charges will continue to accrue until the account is canceled. If Customer discontinues the Service or the Service is discontinued for non-payment, Customer will be required, in addition to payment of all overdue balances, to pay a reconnect charge or trip charge (where applicable) before reconnection. F. WOW! shall charge all amounts payable by you to WOW! pursuant to this Agreement to your credit card or bank account in accordance with the information provided by you. By providing a credit card number to us or establishing a recurring bank charge, you authorize us to continue charging the credit card or bank account for all monthly fees (including without limitation monthly service fees and equipment charges, as well as applicable taxes and fees) payable to WOW!, and any other charges incurred by you and payable to WOW! pursuant to this Agreement. You agree that WOW! is not liable for any NSF, overdraft or other charges related to any charge against your credit card or bank account. Monthly service fees and equipment fees may be charged up to thirty (30) days in advance of the first day of the month for which the charges relate. You warrant that you are either the authorized signatory on the credit card or bank account placed with us, or you have secured permission from the authorized signatory on the credit card or bank account to allow us to charge amounts to the authorized signatory's credit card or bank account in accordance with this Agreement. You agree to inform us immediately of any change in credit card or bank account information (including without limitation a change in credit card expiration date). Your card issuer agreement governs use of the credit card in connection with the Service, and you must refer to that agreement with respect to your rights and liabilities as a cardholder. If WOW! does not receive payment from your credit card issuer or its agents or your bank account, you agree to pay all amounts due upon demand by us. G. The Service will allow you to access the Internet, content providers, providers of services, on-line services and other information. You acknowledge that you may incur charges on account of such access or usage through the Service separate and apart from the amounts charged by us. In addition, you may incur charges as a result of accessing on-line services or purchasing or subscribing to other offerings via the Internet or otherwise. You agree that all charges payable to third parties, including all applicable taxes, are your sole responsibility. In addition, you are solely responsible for protecting the security of credit card information provided in connection with such transactions. H. WOW! shall have the right, upon reasonable prior notice and during Customer's normal business hours, and subject to any reasonable security requirements, to audit Customer's use of the Service, to ensure Customer's compliance with these Terms and any applicable Customer Agreement. In the event that WOW!'s audit reveals that Customer's usage of the Service exceeds Customer's rights hereunder or under any applicable Customer Agreement, WOW! may charge to Customer an amount equal to one and a half times the Service charges that would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay WOW!'s then-current fees for such additional usage. I. Customer will be liable for all use of the Services and for any and all stolen Services or unauthorized use of the Services. Customer agrees to notify WOW! immediately in writing or by calling our customer service line during normal business hours if Customer becomes aware at any time that the WOW! Equipment is stolen or that the Services are being stolen or used without Customer's authorization. When you call or write, you must provide your account number and a detailed description of the circumstances of the theft or unauthorized use of the Services. If you fail to notify us in a timely manner, your Services may be terminated without notice, with additional charges to you. 10. Equipment and Software. B. Customer understands and agrees that use of the Service requires certain equipment provided by the Customer such as a personal computer, cable modem (which can also be leased from WOW!) and an appropriate operating system ("Customer Equipment"). If you purchase your own cable modem, it must meet the DOCSIS compatibility requirements established by CableLabs, WOW!, and its underlying providers. WOW! reserves the right to provide the Service only to the extent that you use a cable modem compatible with the Service. Whether the cable modem is owned by you or us, we have the unrestricted right, but not the obligation, to upgrade or change the firmware in the cable modem at any time that we, in our sole discretion, determine is necessary or desirable. We may perform these upgrades or changes remotely or on the Premises as we determine in our sole discretion. C. Customer represents that Customer owns the Customer Equipment or otherwise has the right to use it in connection with the Services. Customer agrees to adequately repair and maintain all of the Customer Equipment (including Inside Home Wiring) so that it does not interfere with the normal operations of WOW!'s Equipment or system. Customer further agrees that it will not attach anything to the Inside Home Wiring or other Customer or WOW! Equipment that degrades WOW!'s cable signal quality or strength, or otherwise impairs the functionality or integrity of WOW!'s Equipment or system. Customer agrees to connect only WOW!-approved equipment to the Service. Customer shall have sole responsibility for protecting all Customer Equipment and software from loss or damage including, but not limited to, power surges, lightning, fire, flood and acts of God. WOW! may charge to Customer standard service charges: (i) to perform modification or recovery of the service or to repair WOW!'s Equipment, system or network facilities if WOW! determines that such modification, recovery or repair, was caused by Customer (or a third party), or if WOW! finds no fault in its system or Equipment; (ii) to perform modification or recovery of the Service or to repair WOW!'s Equipment, system or network facilities if WOW! determines that such modification, recovery or repair, was necessitated in whole or in part due to defective, improper, incompatible or inadequately maintained Customer or other third party owned equipment; or (iii) to perform services related to any Customer or third party owned equipment. WOW! may offer a wire or service maintenance plan (Service Plan), which must be subscribed to separately by Customer for an additional charge. The complete terms and conditions of any offered Service Plan will be available at www.wowway.com, or by calling us at 1-866-496-9669. Except for repairs and maintenance covered by an applicable Service Plan, Customer is solely responsible for maintaining all inside wire and Customer equipment within the home. D. WOW! shall have no obligation to provide, maintain or service the Customer Equipment. The current minimum technical and other requirements for Customer Equipment (including without limitation required computer hardware) in connection with the Service are posted on the Service's web site at www.wowway.com or on another web site about which you have been notified. These minimum requirements may be revised by us from time to time. If you proceed with the installation of or use the Service in conjunction with Customer Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), you agree that (i) you will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the cable modem, and (ii) the following limitation of liability shall apply: NEITHER WOW! NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, INCLUDING WITHOUT LIMITATION CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE OR DATA. NEITHER WOW! NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement. E. The installation, use, inspection, maintenance, repair and removal of the WOW! Equipment and certain Customer Equipment used in connection with the Service may result in service outage or potential damage to your computer(s) and other Customer Equipment. Except for gross negligence or willful misconduct by us, neither WOW! nor any of its affiliates and agents shall have any liability whatsoever for any damage, loss or destruction to the Customer Equipment (including without limitation your computer(s) and peripherals). In the event of such gross negligence or willful misconduct by WOW!, at our sole discretion we shall pay for the repair or replacement of the damaged parts up to a maximum of $250 and this shall be your sole remedy relating to such activity. In addition, as part of the installation process for the software and other components of the Service, system files on your computer may be modified. WOW! does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files. FOR THESE AND OTHER REASONS, IT IS RECOMMENDED THAT YOU BACK-UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE ASSOCIATED RISKS OF ANY DECISION BY YOU NOT TO DO SO. NEITHER WOW! NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA. In addition, the opening of your computer may void warranties provided by the computer manufacturer or other parties relating to the computer's hardware or software. You understand that your computer may need to be opened, either by you or by us or our agents, in connection with the installation or repair of the Service. NEITHER WOW! NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES. G. If Customer is not the owner of the premises upon which WOW! Equipment and Software are to be installed, Customer warrants that Customer has obtained the consent of the owner of the premises for WOW! personnel or its agents to enter the premises and install, operate and maintain the WOW! Equipment. Customer agrees to indemnify and hold WOW! harmless from any claim resulting from a breach of this warranty. H. WOW! Equipment. (i) With the exception of the Ethernet card and, except as otherwise provided in any written Customer or other agreement, any residential internal wiring and passive devices connected to that wiring installed in the Customer's home (which begins at a demarcation point roughly twelve inches outside the point where the wiring enters the Customer's residence (the "Inside Home Wiring")), the WOW! Equipment is and at all times shall remain the sole and exclusive property of WOW!, and Customer shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the WOW! Equipment to the Customer's residence or otherwise. Upon installation by WOW!, the Ethernet card and, except as otherwise provided in any Customer or other agreement, Inside Home Wiring, shall become and shall remain the sole and exclusive personal property of Customer. (ii) Customer will not open, alter, misuse, tamper with or remove the WOW! Equipment as and where installed by WOW!, and will not remove any markings or labels from the WOW! Equipment indicating WOW! ownership. Customer will safeguard the WOW! Equipment from loss or damage of any kind, and will not permit anyone other than an authorized representative of WOW! to perform any work on the WOW! Equipment. (iii) Upon termination of the Service, for whatever reason, Customer acknowledges that Customer's right to possess and use the WOW! Equipment shall likewise terminate. In such event, the WOW! Equipment shall be returned to WOW! in the same condition as when received, ordinary wear and tear excepted. (iv) If the WOW! Equipment is damaged, destroyed, lost or stolen while in Customer's possession, Customer shall be liable for the cost of repair or replacement of the WOW! Equipment. If the WOW! Equipment is not returned to WOW! undamaged within ten (10) days after disconnection of Service, Customer will pay WOW! the repair cost or replacement value (as determined by WOW! in its sole discretion) of the WOW! Equipment. Customer agrees to pay such charges whether the WOW! Equipment is lost (through theft or otherwise), damaged or destroyed. WOW! may apply any security deposit to any such obligation of Customer, and collect any remaining balance from Customer. In the event any amount is deducted from the security deposit, the Customer must replace the amount so deducted. Customer agrees that WOW! is not liable for any NSF, overdraft or other charges related to charges by WOW! against Customer's credit card, security deposit or bank account. I. Software. (i) WOW! grants to the Customer a limited, non-exclusive license to use any required Software, in object code form only, solely for the purpose of connecting Customer's single computer to the Service. This license will permit such use by Customer and any person authorized by Customer to use the Account, under any password or screen name, provided that Customer shall be responsible for all use of the Account. This license will commence upon acceptance of Customer's subscription for the Service and will terminate immediately upon termination of the Service to Customer for any reason. WOW! retains all rights and interests in and to the Software. (ii) Customer is permitted to archive the Software, provided that all such copies contain the same copyright notices and proprietary markings as the original Software. Customer will not engage in, and will not permit, any other copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of, or preparation of any derivative works based on the Software, all of which are prohibited. (iii) Customer will return to WOW! or destroy all Software and any related written material together with any copies promptly upon termination of the Service to Customer for any reason. 11. Acceptable Customer Use of the Service; Limitations. B. Customer shall not resell or otherwise offer or make the Service available to other users, locations or tenants, and shall not charge others to use the Service, in whole or in part, directly or indirectly, or on a bundled or unbundled basis. Customers are specifically prohibited from permitting other users and/or locations to access the WOW! Internet service, whether through wireless or other means. C. Use of the WOW! Equipment or the Service for transmission or storage of any information, data or material in violation of any federal, state or local law or regulation is prohibited. In addition, unless you are subject to a Service plan that expressly permits otherwise, the Service is to be used, and you expressly agree to use it, solely in a private residence, living quarters in a hotel, hospital, dormitory, sorority or fraternity house, or boarding house, or the residential portion of a premises which is used for both business and residential purposes. Without limiting the generality of the foregoing, the Service is for personal and non-commercial use only and you agree not to use the Service for operation as an Internet service provider, a server site for ftp, telnet, rlogin, e-mail hosting, "web hosting" or other similar applications, for any business enterprise, or as an end-point on a non-WOW! local area network or wide area network. D. WOW! may provide (in the form of an available download, link to another company website, a CD provided to Customer by WOW!, or otherwise) to Customer for use in connection with the Service or WOW! Equipment certain software that is owned by third parties. Customer agrees to comply with the terms and conditions of use applicable to any software or plug-ins to such software distributed or used in connection with the Service or WOW! Equipment. All such agreements are incorporated in this Agreement by reference. All end user licenses will terminate upon the termination of this Agreement, and, at such time, you shall destroy all versions and copies of all software received by you in connection with the Service or the WOW! Equipment. WOW! provides no warranty whatsoever for any such software and you agree to indemnify WOW! against and hold WOW! harmless from any claims, expenses, damages or liabilities of any kind related in any way to the download or use of any such third party software. E. Customer acknowledges that use of the Service does not give Customer ownership or other rights in any Internet/on-line addresses provided to Customer, including but not limited to Internet Protocol ("IP") addresses, e-mail addresses and web addresses. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes. F. By using the Service to publish, transmit or distribute material or content, you (i) warrant that the material or content complies with the provisions of this Agreement, (ii) consent to and authorize WOW!, its agents and affiliates to reproduce, publish, distribute, and display the content worldwide, and (iii) warrant that you have the right to provide this authorization. You acknowledge that material posted or transmitted using the Service may be copied, republished or distributed by third parties, and you agree to indemnify, defend and hold harmless WOW!, its agents and affiliates for any harm resulting from these actions. G. Title and intellectual property rights to the Service are owned by WOW!, its agents, suppliers or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. The copying, redistribution, reselling or publication of any part of the Service without express prior written consent from WOW! or other owner of such material is prohibited. H. In addition to any content that may be provided by us, you may access material through the Service that is not owned by WOW!. Any such material may be downloaded from the Service with the consent of any third party copyright owner only for your personal, non-commercial use, and you are not allowed to redistribute that material over any network (other than a residential home network located in the premises) or sell or offer for sale that material. Unless other terms and conditions expressly apply to specific content, you may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any material downloaded from the Service; any other copying, or any redistribution or publication of any downloaded material, including, without limitation, posting to any other online service, must be with the express permission of the relevant copyright holder. In any permitted copying, redistribution or publication of copyrighted material, any changes to or deletion of any copyright notice are prohibited. Other terms, conditions and limitations may apply to your use of any content or material made available through the Service that is not owned by WOW!. You should read those terms and conditions to learn how they apply to you and your use of any non-WOW! content. In all events, you must respect the property rights of others, including those conferred by copyright, trademark and other laws that protect intellectual property rights. Except as allowed by applicable law, you shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or trade secret or other proprietary right without the express permission of the owner thereof. You may upload public domain materials, but you are solely responsible for and assume all risks with respect to the determination of whether materials are in the public domain. 12. Term. Unless you have agreed to a specified term (e.g., as part of your Business Customer Agreement), the term of this Agreement shall commence upon the installation of your Service, and shall continue on a month to month basis thereafter until terminated as provided for in this Agreement or until superseded by revised Terms and Conditions of Subscription. 13. Customer Termination. Except as specifically agreed to in a writing signed by the parties or otherwise provided in this Agreement (e.g., as part of your Business Customer Agreement), the Service and this Agreement shall remain in effect until disconnection of the Service by WOW! occurs as a result of WOW!'s receipt of Customer's notice of termination. Customer shall give such notice either in writing, or by calling WOW! at 1-866-4WOW-NOW; no other form of notice will be deemed valid. 14. WOW! Termination. If Customer breaches this Agreement or fails to abide by WOW!'s rates, rules, regulations and/or policies, WOW!, at its option and without the giving of notice, may discontinue the Service and remove the WOW! Equipment, and pursue all of its other legal and equitable remedies against Customer. Failure of WOW! to remove its Equipment shall not be deemed abandonment thereof. Customer shall pay reasonable collection and/or attorney's fees to WOW! in the event that WOW! shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. WOW! may terminate its Service immediately in the event that Customer makes an assignment for the benefit of creditors or a voluntary petition is filed by or against Customer under any law having for its purpose the adjudication of Customer as a bankrupt or the reorganization of Customer. Subject to applicable law, WOW! may also terminate this Agreement for any other reason or no reason with notice to Customer. In the event WOW! terminates this Agreement, any fees and charges will accrue through the later of the effective date of termination of this Agreement or the date on which the Service is disconnected and the WOW! Equipment is returned. Any prepaid monthly service fees for Service not received will be refunded (less any outstanding amounts due WOW! for equipment or other applicable fees and charges). To the extent permitted by law, WOW! may apply any security deposit or credit to offset any amounts due to WOW! before remitting the balance to Customer. 15. Pre-Payments and Security Deposits. WOW, in its sole discretion, may deny the Services based upon an unsatisfactory credit history, or may condition the Services, which may include requiring (i) pre-payment for Services, and/or (ii) a security deposit, valid credit card on file or bank account information (EFT) to secure return of equipment and payment for Services and other charges. Customer understands and agrees that EFT's cannot be provided solely for security purposes. EFT's provided for security purposes will also automatically deduct the full balance due on the customer's account on a monthly basis. By providing a security deposit, or a credit card or EFT number to WOW!, Customer authorizes WOW! to charge against the credit card or EFT or withdraw from any security deposit or account: (i) the repair cost or replacement value (as determined by WOW! in its sole discretion) of all of our Equipment that is not returned to WOW! undamaged within ten (10) business days after disconnection of Service; and (ii) amounts due to WOW! for services, fees and other charges. Customer will be refunded the balance of any security deposit (without interest unless otherwise required by law), and all or a portion of the amount charged to Customer's credit card or EFT for WOW! Equipment, if payment has been timely made for all amounts due on Customer's account and Customer timely returns our Equipment undamaged. 17. Monitoring and Enforcement; Restrictions on Use. B. Customer acknowledges and agrees that WOW! shall have the right to monitor the "bandwidth" utilization (i.e. volume of data transmitted) arising out of the Service provided hereunder at any time and on an on-going basis. In its sole discretion, WOW! may: (i) limit excessive use of bandwidth; (ii) suspend, terminate or limit a Customer's Account for excessive use of bandwidth; (iii) require Customer to upgrade Customer's service level and pay additional fees in accordance with WOW!'s Price List; (iv) require the payment of one and a half times the Service charges for past excessive bandwidth usage; and/or (v) otherwise require the payment of high bandwidth usage fees. C. If WOW! determines that Customer has failed to comply with the Service's Acceptable Use Policy or limits on bandwidth utilization, WOW! may suspend or limit Customer's Account or home page or terminate Customer's Account immediately without prior notification. WOW! may also immediately suspend or terminate Customer's Account for using the Service to post content to the Internet that violates the Service's Acceptable Use Policy. If Customer's Account is suspended, Customer will not be charged for that period of time. If Customer's Account is terminated, Customer will be refunded any pre-paid fees minus any amount due to WOW! for equipment or other applicable fees and charges. D. You understand and agree that if you type a Uniform Resource Locator (URL) which contains a nonexistent or unassigned domain name, or enter a search term into your browser address bar, WOW! may present you with a WOW! web search page containing suggested links based upon the query you entered in lieu of your receiving an NXDOMAIN, similar error message or browser assigned query. WOW!'s provision of the web search page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages. If you would prefer not to receive these pages from WOW!, you should follow the opt-out instructions that are available by clicking on the "About" or "Opt Out" link on the page. E. WOW! automatically measures and monitors network performance and the performance of your Internet connection and our network. We may also monitor and record information about your computer, equipment profile or settings and the installation of software we provide. You agree to permit us to monitor your computer and equipment and to record such data, profiles and settings for the purpose of providing the Service. We do not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of WOW! or its authorized vendors, contractors and agents. WOW! reserves the right to modify the password(s) for the router(s) used with the Service in order to safeguard Internet security, the security and privacy of Customer information, where required by law, and/or for other good cause to provide, upgrade and maintain the Service, protect the network, other users of the Internet, or our Customers. Should WOW! change such password(s), we will use reasonable means to notify the Customers affected, which may include notice by email and/or through notice on our website. 18. Collection of Customer Information; Privacy. B. Your privacy interests, including your ability to limit disclosure of certain information to third parties, are described in: (i) the WOW! Customer Privacy Policy which we delivered to you at the time of the original installation of the Service,; and (ii) the WOW! Internet Privacy Information Statement, both of which are available for your review at www.wowway.com. You acknowledge your receipt of the WOW! Privacy Policy and WOW! Internet Privacy Information Statement, and, by using the Service, you consent to the terms of that privacy policy and information statement. You agree that WOW! may, from time to time, collect information concerning your use of the Service in the manner and for the purposes set forth in WOW!'s Privacy Policy and Internet Privacy Information Statement. As part of WOW!'s ongoing efforts to improve the quality of WOW!'s services and as more particularly described in our Privacy Policy, Internet Privacy Information Statement and this Agreement, WOW! or someone acting on its behalf may engage, subject to applicable law, in the anonymous monitoring of your Internet activity or usage and may collect anonymous and/or aggregated usage data. C. Customer expressly grants WOW! permission to disclose personally identifiable information relating to Customer or Customer's Account in response to (a) a government subpoena or warrant issued in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order. Customer further agrees that WOW! may also disclose any information in its possession to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. D. The Service will allow you to access third parties, including without limitation, content providers, on-line services and other providers of goods, services and information. Some of these goods, services and information may be accessible directly from the Service, and others may be accessible from the third parties referenced above. In connection with this third party access, you may be requested or required to provide your name, address, telephone number, credit card number and other personally identifiable information to such third parties. WOW! is not responsible for any such information provided by you to third parties, and this information is not subject to the privacy provisions of this Agreement or the WOW! Privacy Policy. You assume all privacy and other risks associated with providing personally identifiable information to third parties via the Service. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties. 19. User Name and Address. Customer represents that the username selected by the Customer, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. Customer acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose then WOW! may immediately suspend the use of such WOW! Internet e-mail address, and Customer will indemnify and hold WOW! harmless for any claim or demand against WOW! that arises out of such selection. Customer acknowledges and agrees that WOW! shall not be liable to Customer in the event that WOW! is ordered or required, as a result of a court order or legal settlement, to desist from using or permitting the use of a particular domain name as part of a WOW! Internet e-mail address. If as a result of such action, Customer loses an e-mail address, the Customer's sole remedy shall be the receipt of a replacement WOW! Internet e-mail address. 20. Not Liable For Third Parties. You acknowledge that we may use the services, equipment and infrastructure and content of others in providing the Service and that third parties may provide components or features of the Service. We are not responsible for the performance (or non-performance) of such services, equipment, infrastructure or content of others whether or not they constitute components or features of the Service. In addition, you understand that you will have access to the services and content of third parties through the Service, including without limitation that provided by content providers (whether or not accessible directly from the Service). Services, equipment, infrastructure and content that are not provided by us (even if they are components or features of the Service) are not the responsibility of WOW!, and we shall have no liability with respect to such services, equipment, infrastructure and content. You should address questions or concerns relating to such services, equipment, infrastructure and content to the providers or creators of such services, equipment, infrastructure and content. We do not endorse or warrant any third-party products, services or content that are distributed or advertised over the Service. No undertaking, representation or warranty made by an agent or employee of WOW! or our underlying third party providers in connection with the installation, maintenance, or provision of the Service which is inconsistent with the terms of this Agreement shall be binding on WOW!. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT APPLY TO THE ACTS, OMISSIONS, AND NEGLIGENCE OF WOW! AND ITS UNDERLYING THIRD PARTY PROVIDERS (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) WHICH, BUT FOR THAT PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. 21. Price Lists and Service Information. While we try to ensure that all prices and other information relating to our Services that we make available to you, online or offline, and whether in the form of advertisements, customer communications or customer information materials, is accurate at all times, we cannot be responsible for unintended inaccuracies, incorrect information or errors ("Unintended Service Information"). WOW! is not responsible and shall have no liability or obligation with respect to Unintended Service Information. If we discover any Unintended Service Information, we will endeavor to correct the Unintended Service Information as soon as we become aware of it. WOW! shall have the right to refuse or cancel any services based on Unintended Service Information. You agree to release, hold harmless and indemnify WOW! and its affiliates, suppliers and agents from any and all liability arising from Unintended Service Information. 22. Service and Repairs. WOW! will repair damage to or, at WOW!'s option, replace WOW! Equipment, modify Software, and otherwise attempt to correct interruptions of Service, due to WOW! Equipment wear and tear or technical malfunction within WOW!'s control, at WOW! 's expense. Other repair or replacement will be at Customer's expense. 23. Service Interruptions. Except as provided below, in the event of complete failure of the Service due to technical malfunction within WOW!'s control for twenty-four (24) consecutive hours or more, Customer is entitled to a prorated credit upon request. To qualify for an adjustment, Customer must request a credit within thirty (30) days of the failure. Notwithstanding the forgoing, WOW!, its parent, affiliates, subsidiaries, suppliers and agents shall have no liability for interruption of Service due to circumstances beyond its control, including without limitation, acts of God, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather. CUSTOMER AGREES THAT SUCH CREDIT IS CUSTOMER'S SOLE REMEDY FOR A DISRUPTION OF SERVICE. WOW! ITS PARENT, AFFILIATES, SUBSIDIARIES, SUPPLIERS AND AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED. 24. Taxes, Fees and Charges: WOW! reserves the right to invoice you for any taxes (including all federal, state and local taxes, however designated), surcharges, excises, fees (including regulatory recovery, franchise and/or carrier fees) or other payment obligations in connection with the Services imposed by governmental or quasi-governmental bodies in connection with the sale, installation, use, or provision of the Services. These obligations may include those imposed on us or our affiliates by an order, rule, or regulation of a regulatory body or a court of competent jurisdiction, as well as those that we or our affiliates are required or authorized to collect from you or to pay to others in support of statutory or regulatory programs. These taxes, fees and other charges will be in the amounts that federal, state, and local authorities require or authorize WOW! to bill to Customers, and are shown as separate line items on the Customer's bill. WOW! will not provide advance notice of changes to taxes, fees and surcharges, except as required by applicable law. If Customer is exempt from payment of any such taxes, it will provide WOW! with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date WOW! receives the tax exemption certification. Customer agrees to pay any other local, state or federal taxes, fees and/or charges that are not included on the Customer billing statement (including applicable real and personal property taxes levied with respect Customer's property) imposed or levied on or with respect to the Service, the equipment or installation or placement charges incurred with respect to the same. 25. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. CUSTOMER UNDERSTANDS AND ACCEPTS THE RISKS ASSOCIATED WITH FAILING TO BACK-UP ALL EXISTING COMPUTER FILES BY COPYING THEM TO ANOTHER STORAGE MEDIUM. THE WOW! ENTITIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, COMPUTER PERIPHERALS, FILES, INFORMATION OR DATA, HOWEVER CAUSED. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH "FILE SHARING." YOUR SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICE DUE TO A TECHNICAL MALFUNCTION WITHIN WOW!'S CONTROL FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE. TO QUALIFY FOR SUCH CREDIT, YOU MUST REQUEST THE CREDIT FROM WOW! WITHIN THIRTY (30) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE FEES PAYABLE BY YOU FOR THE SERVICE AND ANY CREDITS PROVIDED BY WOW! ARE AT ITS SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY WOW!. IN NO EVENT SHALL THE WOW! ENTITIES AGGREGATE LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICE OR WOW! EQUIPMENT (INCLUDING SOFTWARE) EXCEED THE LESSER OF THE TOTAL INVOICE AMOUNT INCURRED BY THE CUSTOMER DURING THE ONE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO ANY CAUSE OF ACTION OR FIVE ($5.00) DOLLARS. THE FEES FOR THE SERVICES SET BY WOW! HAVE BEEN AND WILL CONTINUE TO BE BASED UPON VARIOUS FACTORS INCLUDING THE ALLOCATION OF RISK DESCRIBED IN THIS AGREEMENT. ACCORDINGLY, YOU HEREBY RELEASE THE WOW! ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED IN THIS AGREEMENT. YOU AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OR SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICES OR EQUIPMENT, AND ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY, ALL OF THE WOW! ENTITIES. 26. INDEMNIFICATION. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE WOW! ENTITIES, FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED IN ANY WAY TO: (a) YOUR USE OF THE SERVICE, SOFTWARE OR WOW! EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (c) YOUR VIOLATION OF APPLICABLE LAW; AND/OR (d) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT. WOW! RESERVES THE RIGHT TO TERMINATE OR SUSPEND THE SERVICE, AND/OR REMOVE CONTENT FROM THE SERVICE, IF WOW! DETERMINES, IN ITS SOLE DISCRETION, THAT CUSTOMER'S USE OF THE SERVICE DOES NOT CONFORM TO THE REQUIREMENTS SET FORTH IN THIS AGREEMENT, INTERFERES WITH WOW!'S ABILITY TO PROVIDE THE SERVICE, OR VIOLATES ANY LAWS OR REGULATIONS. WOW!'S ACTIONS OR INACTION UNDER THIS SECTION SHALL NOT CONSTITUTE REVIEW OR APPROVAL OF ANY USE OF THE SERVICE OR CONTENT TRANSMITTED BY CUSTOMER. CUSTOMER AGREES TO INDEMNIFY AND HOLD THE WOW! ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM THE CONTENT TRANSMITTED BY CUSTOMER (OR ANYONE USING CUSTOMER'S ACCOUNT) BY USE OF THE SERVICES. THE WOW! ENTITIES ARE INTENDED THIRD PARTY BENEFICIARIES WITH A RIGHT OF ENFORCEMENT OF THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND THE INDEMNITIES CONTAINED IN THIS AGREEMENT. 27. Complaint Resolution. Customer may submit a complaint to WOW! with regard to any aspect of the Service at any time. WOW! maintains a toll-free telephone number ((1-866) 4WOW-NOW) that is available 24 hours a day, 7 days a week. When you call about a service problem, a customer care representative (CCR) will attempt to determine the nature of the problem. If possible, the CCR will help you resolve the problem over the telephone. If the problem cannot be resolved during the call, the CCR will schedule a service technician to visit your home. If a Customer has a complaint requiring further escalation, Customer should contact WOW! at our toll-free number, in writing at WOW! Internet & Cable, Attn: Billing Disputes, P.O. Box 63000, Colorado Springs, CO 80962-3000, or by emailing us from the "Contact Us" section on www.wowway.com. WOW!'s policy is to reply to an escalated Customer complaint within thirty working days of receipt. WOW! will endeavor to include in its reply a statement of action taken, description of future work needed to resolve any issue or an explanation why the complaint is unjustified or outside the jurisdiction of WOW!. 28. Binding Arbitration for Residential Services Customers: UNLESS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES OR EQUIPMENT PROVIDED BY WOW! OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH WOW!, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, BUT NOT LIMITED TO, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, NEGLIGENCE, OR ANY OTHER INTENTIONAL TORT), OR ANY OTHER LEGAL OR EQUITABLE THEORY (A "DISPUTE") THAT CANNOT BE RESOLVED INFORMALLY AS DESCRIBED ABOVE SHALL, AT THE ELECTION OF EITHER PARTY, BE RESOLVED BY BINDING ARBITRATION COMMENCED WITHIN ONE (1) YEAR FROM THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO THE DISPUTE UNDER THE THEN - CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (OR ANY CONSUMER RULES ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION TO WHICH BOTH PARTIES AGREE), EXCEPT THAT EITHER PARTY MAY SEEK EQUITABLE OR INJUNCTIVE RELIEF ONLY IN AN APPROPRIATE COURT OF LAW OR EQUITY. This arbitration provision shall survive the termination of this Agreement or your service(s) with WOW!. 30. Survival of Representations and Warranties. All representations, warranties, indemnifications and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination. 31. Entire Agreement. Together with any Customer Agreement and/or sales order form, these Terms and any rules and policies specified by WOW! for the Service established by WOW! now or hereafter constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter; provided that any other subscription or customer agreement or terms and conditions relating to Customer's cable television or other service with WOW! shall remain in full force and effect. 32. Modification of Terms; Customer Notices. So long as Services are provided to Customer, these Terms and Conditions, as amended, will remain in effect until canceled by either party in accordance with these Terms and Conditions. CUSTOMER AGREES AND ACKNOWLEDGES THAT WOW! MAY FROM TIME TO TIME AMEND, REVISE OR RESTATE THESE TERMS AND CONDITIONS. CUSTOMER SHALL BE NOTIFIED OF ANY AMENDMENTS, REVISIONS OR RESTATEMENTS THROUGH ELECTRONIC, WRITTEN OR OTHER MEANS. FOR EXAMPLE, WE MAY NOTIFY YOU OF SUCH CHANGES BY U.S. OR OVERNIGHT MAIL, BY HAND DELIVERY (E.G., AT THE TIME OF INSTALLATION OF SERVICE), BY SENDING YOU AN EMAIL OR BY POSTING THE CHANGE ON OUR WEBSITE AT HTTP://WWW.WOWWAY.COM/ (OR AN ALTERNATIVE SITE AS DESIGNATED BY WOW!). YOU AGREE THAT ANY ONE OF THE FORGOING MEANS OF NOTIFICATION IS SUFFICIENT. ANY AMENDMENT, REVISION OR RESTATEMENT OF THIS AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY UPON THE GIVING OF SUCH NOTICE. CUSTOMER'S CONTINUED ACCESS TO OR USE OF THE SERVICE SHALL BE DEEMED CONCLUSIVE ACCEPTANCE OF THE AMENDED, REVISED OR RESTATED AGREEMENT AND ITS TERMS AND CONDITIONS. BECAUSE WE MAY FROM TIME TO TIME USE THE METHODS DESCRIBED ABOVE TO NOTIFY YOU ABOUT IMPORTANT INFORMATION REGARDING THE SERVICES, THIS AGREEMENT, AND RELATED MATTERS, YOU AGREE TO REGULARLY CHECK YOUR POSTAL MAIL, E-MAIL, AND ALL POSTINGS ON OUR WEBSITE AT WWW.WOWAY.COM (OR AT AN ALTERNATIVE SITE AS DESIGNATED BY WOW!). YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU BEAR THE RISK OF FAILING TO DO SO. 33. Severability. This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to terms and conditions of any franchise agreement between a governmental authority and WOW! to the extent it applies to Internet services. In the event that any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of these Terms shall remain in full force and effect. 34. Waiver. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. 35. Assignment; Transfer of Account. WOW! may assign its rights and obligations under this Agreement, without notice. This Agreement may not be assigned or transferred by Customer without WOW!'s prior written consent. Customer may not transfer Customer's Account to another address without WOW!'s prior written consent. 36. Force Majeure. WOW! shall not be responsible for any failure to perform or delay in performance due to unforeseen circumstances, or due to a cause beyond WOW!'s control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, suppliers and other third parties, floods, accidents, strikes or shortages, or failures of telecommunications or computer resources, fuel, energy, labor or materials. 37. Applicable Law. This Agreement shall be construed and enforced under applicable federal law, the regulations of the FCC and laws of the state and locality in which the Services are performed.
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