Super-Net Cable Modem Service Subscriber Agreement
In order for your service to continue, we must have a completed subscriber
agreement on file for you. Please read the subscriber agreement that
follows and complete the necessary steps.
This Agreement ("Agreement") is between Super-Net, Inc. and the Service
Subscriber ("I" or "me" or "my"). This Agreement sets forth the terms
and conditions under which I use and do hereby subscribe to your Service
and Software and under which you agree to provide me with your Service
and Software. This Agreement includes the Super-Net Cable Modem Service
Terms of Use, which is available at
http://www.massilloncabletv.com/netterms.php,
and the Super-Net Cable Modem Service Installation Agreement, which
is available at
http://www.massilloncabletv.com/netinstall.php.
1 You will provide me with access to the Internet and its services
(the "Service"), subject to the terms and conditions of this Agreement,
from the date on which I accept or sign this Agreement until either
you or I terminate this Agreement as provided in Paragraph 10.
1.1 I understand you may modify or discontinue the Service at any
time with or without giving me advance notice.
1.2 You will make reasonable efforts to provide me with continuous,
uninterrupted, expedient and error-free Service. Nonetheless, I understand
that temporary interruptions of the Service may occur as normal events
in the provision of the Service.
1.3 I understand that you have no control over the networks, facilities
or services of third parties and that delays and disruptions involving
them are completely beyond your control.
1.4 I understand that I must maintain an active cable TV connection
from Massillon Cable TV in order to use a cable modem.
2 In return, I will pay you the charges for the Service, including
applicable installation charges, taxes and fees as listed at
http://www.massilloncabletv.com/welcomeinternet.php
I understand that the charges, taxes, fees, terms and conditions may
be modified from time to time. Once I have been notified of such a
change, my continued use of the Service constitutes my acceptance
of that new charge, tax, fee, term or condition.
2.1 I will pay you in accordance with the payment terms on the invoice
you send me for the Service.
2.3 You will bill me one month in advance via e-mail. Super-Net does
not send invoices via US Mail.
2.4 If I pay you after the specified late payment date, you may charge
me a monthly late charge as liquidated damages at the rate of 1.5%
per month (18% per year) of the entire outstanding balance for each
month or portion thereof for which the balance remains, and the Service
may be disconnected. I may also owe you for your expenses incurred
to recover past due charges, including attorney's fees and legal costs.
2.5 I understand that you may debit my checking, savings, or credit/debit
account to obtain past due access and cable modem rental fees. I understand
that you may also obtain a civil judgement and garnish my earnings
for recovery of past due access and cable modem rental fees.
2.6 If you disconnect the Service, I may have to pay a reconnect fee
and security deposit, in addition to all past due charges before you
reconnect the Service.
2.7 I agree not to remove or move the modem to another location, either
within the residence or place of business or to another location,
without informing Super-Net in writing before such move. If Super-Net
finds that the modem has been moved to another location either within
the residence or business or to another location, Super-Net, at it's
discretion, may charge the customer standard installation charges
if a service call is required to restore service.
2.8 I understand that I may incur charges, including taxes, for which
I am solely responsible, from other Internet or on-line services,
telecommunications service providers or providers of other goods and
services which I may purchase or subscribe to.
2.9 I understand that monthly rental charges for my cable modem service
will continue even if my cable TV service is discontinued.
3 If I have any questions or concerns regarding this Agreement or
the Service, I can contact you via email at cable@sssnet.com, by phone
at 330.830.2800 or at Super-Net, Inc. 814 Cable Ct NW,
Massillon, OH 44647.
4 You may, but need not, monitor the content on the Service and may
disclose any information you deem necessary to comply with any law,
regulation or governmental order or to protect yourself or other Subscribers.
You may refuse to post or may remove any material or information that,
in your sole discretion is unacceptable, undesirable or in violation
of this Agreement. You may suspend or terminate the Service to me,
or suspend or terminate any user ID, electronic mail address, Universal
Resource Locator or domain name which I use in connection with the
Service, if my use of the Service (a) violates any law, regulation
or tariff, (b) is obscene, defamatory, deceptive or fraudulent, (c)
is intended to threaten, harass or intimidate, (d) interferes with
another subscriber's use or enjoyment of the Service, (e) is in any
way inconsistent with your Terms and Conditions, (f) tends to damage
your name or reputation, (g) involves my provision of ftp or web server
capabilities or (h)otherwise violates this Agreement.
5 LIMITATION OF LIABILITY.
5.1 UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER
YOU NOR YOUR AFFILIATES, SUBCONTRACTORS, EMPLOYEES OR AGENTS WILL
BE LIABLE TO ME OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNATIVE, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, ALLEGATIONS,
CLAIMS, SUITS OR OTHER PROCEEDINGS, EXPENSES, LIABILITIES OR COSTS
(INCLUDING LEGAL FEES), INCLUDING LOSS OF PROFITS, EARNINGS, BUSINESS
OPPORTUNITIES OR DATA, INACCURACY OF DATA, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES OR PERSONAL INJURY (INCLUDING DEATH),
RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, MY USE OF THE SERVICE OR MY RELIANCE ON OR ANY OTHER USE
OF THE EQUIPMENT OR SERVICE, INCLUDING, WITHOUT LIMITATION, (A) A
CONTENTION THAT THE USE OF THE EQUIPMENT OR SERVICE BY ME OR A THIRD
PARTY INFRINGES THE COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, CONFIDENTIALITY,
PRIVACY OR OTHER INTELLECTUAL PROPERTY OR CONTRACTUAL RIGHT OF ANY
THIRD PARTY, (B) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES,
ERRORS, DEFECTS, DELAYS IN OPERATION, NONDELIVERIES, MISDELIEVERIES,
TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICE,
(C) THE CONTENT OR SERVICES AVAILABLE ON THE INTERNET OR OTHERWISE
THROUGH THE SERVICE, INCLUDING THE ACCURACY, QUALITY AND CONFIDENTIALITY
OF INFORMATION OBTAINED THROUGH THIRD PARTIES THROUGH THE SERVICE,
(D) THE ACTIVITIES OF OTHER INTERNET USERS OR CABLE OR SERVICE SUBSCRIBERS
IN ACCESSING OR MONITORING MY COMPUTER OR MY USE OF THE SERVICE, OR
(E) ACTS OR OCCURANCES BEYOND YOUR REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, FIRE, LIGHTNING, EXPLOSION, POWER SURGE OR FAILURE,
WATER, ACTS OF GOD, WAR, REVOLUTION, CIVIL COMMOTION OR ACTS OF CIVIL
OR MILITARY AUTHORITIES OR PUBLIC ENEMIES, ANY LAW, ORDER, REGULATION,
ORDINANCE OR REQUIREMENT OF ANY GOVERNMENT OR LEGAL BODY OR REPRESENTATIVE
THEREOF, LABOR UNREST, INCLUDING, WITHOUT LIMITATION, STRIKES, SLOWDOWNS,
PICKETING OR BOYCOTTS, INABILITY TO SECURE RAW MATERIALS, TRANSPORTATION
FACILITIES, FUEL OR ENERGY SHORTAGES, OR ACTS OR OMISSIONS OF COMMON
CARRIERS.
5.2 Your liability for damages in regards to extraordinary and unreasonable
interruptions of Service, or for mistakes, omissions, delays, errors
and defects in the Service, shall in no event exceed an amount equal
to the pro rata charges to me for the period during which the Service
was affected.
5.3 The limitations set forth in this Section 5 apply to the acts,
omissions, negligence and gross negligence of you and each of your
respective affiliates, subcontractors, employees and agents, under
any contract, tort or other legal theory.
5.4 My sole and exclusive remedies under this Agreement are as expressly
set out in this Agreement. Some states do not allow the limitation
or exclusion of incidental or consequential damages, so such a limitation
or exclusion may not apply to me.
6 I will indemnify and hold you harmless from all claims, losses,
expenses, suits, attorney's fees, costs, fees or liabilities for injuries
to or death of any person or for damages to or loss of any property
which may in any way arise out of or result from or in connection
with my use of the Service, Software or Hardware, particularly if
such use (a) violates any law, regulation or tariff, (b) is defamatory,
deceptive or fraudulent, (c) is intended to threaten, harass or intimidate,
(d) interferes with another subscriber's use or enjoyment of the Service,
(e) is in any way inconsistent with your Terms and Conditions, or
(f) otherwise violates this Agreement.
7 This Agreement should not be construed to give me any interest,
title, or license in the user ID, electronic mail address, Universal
Resource Locator or domain name which I use in connection with the
Service.
8 In order that we may provide reliable, high quality service to you,
we keep regular business records that contain your name, address,
and other personally identifiable information. Such records include
billing, payment and deposit records and the service options you have
chosen. We use this information to make sure that you are being billed
properly for the services you receive.
8.1 We consider information we keep to be confidential. We may collect
personally identifiable information from you and may disclose it to
a third party if (a) you consent in advance in writing or electronically;
(b) disclosure is necessary to render service and related business
activities (For example, we may without your consent disclose your
name and address to a collection service if required to collect past
due bills.); or (c) disclosure is required pursuant to a court order.
8.2 Unless you object, from time to time, we may also disclose your
name and address for mailing lists and other purposes. We will not
disclose the extent of your use of a particular service or the nature
of any transaction you may make, but we may disclose that you are
among those who subscribe to a particular service. If you wish to
remove your name from such lists or limit the use of your name at
any time, please contact us at the office.
8.3 We may also electronically test the system from time to time to
determine whether you are being properly billed for the service you
are receiving.
8.4 We will maintain information about you for as long as we provide
service to you and for a longer time if necessary for related business
activities. When information is no longer necessary for our purposes,
we will destroy the information unless there is a legitimate request
or order to inspect the information still outstanding.
9 YOU ARE PROVIDING ME WITH THE SERVICE, SOFTWARE AND HARDWARE "AS
IS" WITHOUT WARRANTY OF ANY KIND. YOU DO NOT WARRANT (A) UNINTERRUPTED
USE OF THE SERVICE, SOFTWARE AND HARDWARE, (B) THAT ANY DATA OR ANY
FILES THAT I SEND WILL BE TRANSMITTED IN UNCORRUPTED FORM OR IN A
REASONABLE TIME, (C) THE ACCURACY OR RELAIBILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE, OR (D) ANY TRANSACTIONS EXECUTED THROUGH
THE SERVICE. YOU DISCLAIM ANY AND ALL WARRANTIES INCLUDING IMPLIED
WARRANTIES OF FITNESS, MERCHANTIBILITY AND PERFORMANCE. Some states
do not allow the exclusion or limitation of implied warranties, so
the above exclusions and limitations may not apply to me.
10 Either you or I may terminate this Agreement at any time by providing
the other party with at least 24 hours written notice of such termination.
However, the service will not be terminated until all equipment which
belongs to Super-Net is returned.
10.1 I understand that the cable modem is the property of Super-Net.
I will use reasonable care in safeguarding the modem from damage.
I will promptly return the cable modem to Super-Net upon termination
of my service.
11 I will comply with the terms and conditions of all end user software
license agreements accompanying any software or plug-ins which you
distribute in connection with the Service.
12 I am at least 18 years old and have the ability to sign binding
contracts. I am executing this Agreement on behalf of everyone who
will use the Service, Software or Hardware through my computer or
with my account or password and I am solely responsible for any resulting
violation of this Agreement. I am solely responsible to ensure that
they understand and will comply with this Agreement.
13 You may, in your sole discretion, change, modify, add or delete
portions of this Agreement at any time. Such changes, modifications, additions,
or deletions will be enforcable only in the future and not retroacively.
Once you notify me of any such changes by posting them on the Service or sending me notice via
email or postal mail, my continued use will be deemed to indicate
my acceptance of such changes. If I do not agree, I will immediately
stop using the Service and terminate this Agreement as set out in
paragraph 10.
14 This Agreement shall be governed by and construed under Ohio law.
15 I may not assign my account on the Service to anyone without your
express written consent. Upon reasonable notice, you may assign your
rights and obligations under this Agreement.
16 This Agreement, along with the Terms of Use and Installation Agreement,
constitutes our entire agreement regarding its subject matter and
supersedes all prior written and oral agreements. Your failure to
insist on strict enforcement or your course of conduct shall not be
construed as a waiver of any provision.
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