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TERMS OF SERVICE These Terms of Service govern your use of internet access services ("Service” or “Services") furnished by Campus Televideo (“CTV”). By using the Services or related equipment, you are agreeing to these Terms of Service. (1) Service Charges. The applicable charges for the Service are identified at the time Service is ordered. Unless otherwise prohibited by law or the rates for Service are guaranteed by a contract with CTV, CTV may, in its sole discretion, change or modify the rates you are charged for High Speed Internet Service at any time. We may notify you of any such changes by posting notice of such changes on this website or sending notice via e-mail or postal mail or on your bill. If you continue to use the Service after notice of such change you accept any such modification. If you do not agree to any modification made by CTV, you must stop using the Service and notify CTV. (2) Service Term Commitments. In certain circumstances, CTV provides Service discounts to customers that commit to a term contract arrangement. If you are receiving term based Services, you must continue to purchase those Services for the minimum term stipulated in your order. You are responsible for and agree to pay the early termination charge identified in your order should you fail to fulfill your minimum term commitment. (3) Payment. Unless other payment arrangements are confirmed in your order, you will be required to authorize payment for Services or related equipment by credit card or by debit card and no additional notice or consent is required before we invoice that card. CTV will bill your designated credit card or debit card monthly for all charges due for the Services and related equipment. You are responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in connection with these Services and any such amounts will be added to your monthly charges and billed accordingly. You have a right to protest any service fees that you believe were incorrectly charged to your credit or debit card within 90 days following your receipt of those charges. A $20.00 Protest Fee will be charged to your account in the event it is ultimately determined that the protested charges were correct. (4) Privacy Policy. When you become a CTV subscriber we will collect personal data from you. This information may include but is not limited to, name, address, phone number, e-mail address, and credit card/debit card information. The personal and account information that you give to us is used only to provide the requested Services and to process your payments for those Services and related equipment. That information will not be divulged to any other entities, except as required by law. Credit/debit card information collected by CTV will be maintained in a secure database for fraud prevention and accounting and billing purposes. The information is also securely maintained by billing and authorization subcontractors (if any) for accounting and billing purposes. Your credit card information is not available to unauthorized parties while in these databases. CTV will process all credit and debit card transactions using a secure, encrypted Web server. (5) Usage Requirements. You agree to comply with all CTV network, bandwidth, data storage and usage limitations. CTV reserves the right to modify its usage limitations at any time. If your use of the Service exceeds the applicable limitations, CTV may terminate or suspend your Service.
(6) Equipment and Security. All equipment that CTV provides in connection with a Service, is and will remain CTV property. Upon termination of a Service you must return all related equipment, in its original condition, normal wear and tear excepted. Your failure to do so for any reason will result in the imposition of a loss or damage charge, as the case may be, which CTV will bill to your designated credit or debit card. The Services are intended for your use only. You may not share passwords or accounts with other individuals. CTV may check the security of your account passwords at any time, and require you to implement a new password in the event CTV has reason to believe your account security is compromised. You are responsible for the security of your computer, hardware, software applications, data and files. CTV shall have no liability for any Service related damages to your computer, hardware, software applications, data and files . (7) Disclaimer and Limitation of Liability. ALL SERVICES ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. WITHOUT LIMITING THE FOREGOING, CTV MAKES NO AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES OR ANY RELATED EQUIPMENT OR SOFTWARE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, CTV DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. CTV SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE YOUR OBSOLETE OR OTHERWISE AFFECT PERFORMANCE OF YOUR EQUIPMENT. CTV’S LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR DURING THE AFFECTED PERIOD. IN NO EVENT SHALL CTV BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY'S FEES.
(8) Acceptable Use Policy. You agree to abide by and use the Services in accordance with the following Acceptable Use Policy: I. Policy This Acceptable Use Policy ("AUP") governs the use of Internet access services ("Service") provided by Campus Televideo (“CTV"). Generally, CTV does not monitor or edit the material posted by users of the Service or other Internet services that may be available on or through the Service but reserves the right to do so. CTV also reserves the right to remove any material that, in CTV's judgment, does not comply with the AUP or is otherwise harmful, objectionable, or inaccurate. CTV is not responsible for any failure or delay in removing such material. CTV may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of the Service. Each user of the Service agrees to indemnify, defend, and hold CTV harmless from any claims liabilities, expenses or damages arising out of or relating to such use. CTV may revoke any user’s access to the Service for inappropriate usage. Any information obtained via the Service is obtained at each user’s sole risk and risk. CTV is not responsible for the accuracy, quality, or content of information obtained through the Service. II. Prohibited Conduct The following activities constitute violations of CTV's AUP and are prohibited: (1)Transmitting any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. (2)Transmitting any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable laws, rules or regulations. (3)Interfering with access to the Internet by other parties or disrupting the network used by CTV. (4)Transmitting material to harm, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, sexual preference or disability. (5)Transmitting any material to threaten or encourage bodily harm or the destruction of property. (6)Transmitting any material to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another. (7)Making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." (8)Adding, removing or modifying identifying network header information in an effort to deceive or mislead. (9)Transmitting any unsolicited commercial email or unsolicited bulk email or facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature. (10)Transmitting tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning, for any reason, is strictly prohibited; (11)Accessing any third party’s computer or computer system, software, or data without their knowledge and consent; or breaching the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. (12)Collecting, or attempting to collect, personal information about third parties without their knowledge or consent. (13)Harming minors in anyway. (14)Reselling the Service without CTV's authorization. III. Policy Changes CTV reserves the right to revise, amend, or modify this AUP from time to time without notice by posting a new version of this document on the Campus Televideo website at http://www.campustelevideo.com {or any successor URL(s)}. All revisions to this AUP are effective immediately upon posting. Accordingly, users of the CTV Service should regularly visit our web site and review this Policy to ensure that their activities conform to the most recent version. (9) Indemnification. You agree to defend, indemnify and hold CTV harmless from and against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees arising out of or relating to your use of the Service (or the use of your Service by anyone else): (a) in violation of applicable laws, regulations, or any of these Terms of Service including but not limited to the AUP; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) in any manner that gives rise to or otherwise results in claims for infringement of any intellectual property rights. (10) Termination. CTV may discontinue or terminate Services: (i) if you fail to comply with of these Terms of Service; (ii) if you use the Service in a manner that adversely affects Services provided to other CTV customers, or harasses our customers or employees; (ii) if you fail to abide by the AUP or you or others use the Service to engage in fraud or unlawful conduct or are suspected of doing so; or (iv) any regulatory agency, legislative body or court restricts or otherwise prevents CTV from furnishing Service. You may terminate the Services if CTV does not cure any ongoing breach of these Terms of Service within thirty (30) days after receipt of your written notice of such breach; provided that termination of Services shall be your exclusive remedy in the event a breach by CTV. (11) Governing Law, Arbitration. (a) These Terms of Service shall be governed by the laws of the state in which the Services are rendered without reference to its conflict of law rules. (b) Any controversy, claim dispute or disagreement arising out of, or relating to, these Terms of Service or any breach or alleged breach thereof which cannot be settled amicably by the parties shall be resolved according to binding arbitration conducted in the state where the Services are rendered in accordance with Commercial Arbitration Rules of the American Arbitration Association then in effect (the “Rules”); provided, however, that the parties may seek injunctive relief (but not money damages) in any court of competent jurisdiction. Arbitration shall be a single arbitrator chosen by the parties, provided that, if the parties fail to agree and to appoint a single arbitrator within thirty (30) calendar days from the date a party has made a demand for arbitration, then the arbitrator shall be chosen in accordance with the Rules. The decision of the arbitrator shall be final and binding on the parties and any award the arbitrator may be entered into a court of competent jurisdiction. Notwithstanding the foregoing, the arbitrator shall not be authorized to award punitive damages with respect to any such controversy, claim or dispute, not shall any party seek punitive damages relating to any matter arising out of, or relating to, these Terms of Service in any other forum. The costs of any arbitration hereunder, including the cost of the record or transcripts thereof, if any, administrative fees, attorney’s fees and all other fees involved, shall be paid by the party determined by the arbitrator to not be the prevailing party, or otherwise allocated in an equitable manner as determined by the arbitrator.
(12) Miscellaneous. (a) Each party shall comply with all federal, state and local laws and regulations applicable to the performance of these Terms of Service. (b) Those provisions of these Terms of Service that expressly or by their nature are contemplated to survive the expiration or termination of the Services, including without limitation the provisions regarding Disclaimer, Limitations of Liability and Indemnification will survive the expiration or termination of the Services for any reason. (c)The headings of the Sections are inserted for convenience only and shall not affect the meaning or interpretation of this Terms of Service. (d)These Terms of Service together with any order for Services constitute the entire agreement between the parties and supersedes all previous understandings, commitments or representations concerning this subject matter. (e) No waiver of any breach of these Terms of Service will be deemed a waiver of any future breach. (f) If any of these Terms of Service shall be adjudged to be unenforceable, the parties shall endeavor in good faith to agree upon the requisite modifications to those terms, provided that with or without those modifications all other terms and provisions shall remain valid and enforceable. (13) Changes. UNLESS OTHERWISE PROHIBITED BY LAW, CTV MAY CHANGE PRICES, TERMS AND CONDITIONS AT ANY TIME BY GIVING YOU 30 DAYS NOTICE BY E-MAIL OR OTHER NOTICE, INCLUDING POSTING NOTICE OF SUCH CHANGES ON THE CTV WEBSITE AT HTTP://WWW.CAMPUSTELEVIDEO.COM (OR ANY SUCCESSOR URL(S)), UNLESS THE PRICES, TERMS AND CONDITIONS ARE GUARANTEED BY CONTRACT. YOU ACCEPT THE CHANGES IF YOU USE THE SERVICES AFTER NOTICE IS PROVIDED.
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