Terms of Service - TV Cable of Grayson County
TERMS OF SERVICE
Effective date: March 19, 2012
IF YOU DO NOT AGREE TO BE BOUND BY ANY PROVISION OF THE RULES, YOU MUST DISCONTINUE YOUR USE OF SERVICES, UNINSTALL ANY TCGC SOFTWARE AND TERMINATE YOUR ACCOUNT.
Please review the Rules at the TCGC Site prior to accessing the TCGC Services. TCGC may change the Rules and the scope of the TCGC Services, in whole or in part, at any time. Posting of the updated Rules at the TCGC Site will constitute notice to you of any such changes. Your continued use of the TCGC Services following notice constitutes your acceptance of all changes, and each use of the TCGC Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the TCGC Services, your sole and exclusive remedy will be to terminate your account and use of TCGC Services.
Rules. The Rules govern your use of the TCGC Services. TCGC reserves the right, but is not obligated, to prohibit any conduct or to remove any materials or content in violation of the Rules or which TCGC believes in its sole discretion to be illegal or potentially harmful to others or may expose TCGC to harm or liability. TCGC may suspend or terminate your use of TCGC Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. TCGC reserves the right to take or terminate the use of any user name or e-mail address at any time.
TCGC Services. TCGC retains the right, at its discretion, to make changes to the TCGC Services, including its fees and billing methods and the amount of time a user may access the Internet for free or for a specified fee, or to discontinue some or all of the TCGC Services. TCGC retains the right to limit, restrict or require the use of third party software or services in connection with the TCGC Services. TCGC retains the right to change, suspend or terminate your use of the TCGC Services at any time for any reason, without notice, and nothing herein shall be construed to limit that right.
Monitoring of Network Performance. TCGC and its Affiliates or third party service providers may measure and monitor network performance and the performance of your Internet connection. TCGC will access and record information about your computer's profile and settings and the installation of Software in order to provide customized technical support, and you agree to permit TCGC to access and record such data for the purposes described in these Terms of Service. You hereby consent to TCGC's monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as they relate to the TCGC Services, Software, or other services which TCGC may offer from time to time.
General Service Limitations. Bandwidth is provided on a per-line basis, and the speed and bandwidth available to each computer or device connected to the network may vary depending upon the number, types and configuration of computers or devices using the TCGC Services and the type of use (e.g., streaming media or downloading larger files, etc.), network or Internet congestion, and/or the condition of your telephone line and the wiring inside your location, among other factors.
Maintenance. To provide the best possible service to its customers, TCGC or its Affiliates or third party provider(s) periodically performs maintenance on its network. In some cases, this may require TCGC to conduct either a planned or unplanned interruption of the Internet Service. TCGC will use commercially reasonable efforts to schedule maintenance outages in a way that minimizes the impact on customers, but TCGC cannot guarantee that your Internet Service will not be interrupted and cannot always give advance notice of such outages. You acknowledge and agree that TCGC shall not be responsible for any losses or damages (of any kind) that may be suffered by you as a result of any service interruptions due to maintenance outages.
Network Management. TCGC reserves the right to engage in reasonable network management to protect the overall integrity of its network, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at a particular location at any given time, excessive use will be determined primarily by resource consumption. For further information, please refer to TCGC's Acceptable Use Policy.
Tampering with the Equipment. You must not use the Internet Service with any equipment that has an altered electronic serial number or equipment identifier or any equipment that has undergone a factory reset, without seeking and obtaining TCGC's express advance written permission in each instance. In addition, you may not use any serviced, altered, modified, stolen, or tampered equipment with the service, and you may not permit any other person to do so (unless specifically authorized in advance by TCGC, in writing).
Charges and Billing. By using the TCGC Services, you agree to accept the fees you may incur as a result of using TCGC Services, including but not limited to: a) service or subscription fees, b) applicable taxes, c) surcharges, d) recovery fees, e) telephone charges, f) activation fees, g) installation fees, h) set-up fees, i) equipment charges, j) termination fees, k) other nonrecurring charges, l) fees for supplemental services or features, m) restocking fees, and n) purchases made through the use of TCGC Services. The taxes, fees and other charges detailed in subsections b) through e) may vary on a monthly basis; any variations will be reflected in your monthly charge. You are responsible for all fees and charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or payment method information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.
Use of TCGC Services. You are responsible for all use of your TCGC Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, TCGC personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of TCGC Services or through other Internet services. Except as expressly allowed in the Rules, you may not transfer or permit any other person to use TCGC Services.
No Resale of TCGC Services and TCGC Site. The TCGC Services are for personal, non-commercial use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered.
Transmission and Receipt of Content. Certain of the TCGC Services may allow you to post or send content that can be viewed by others ("User Generated Content"). TCGC exercises no control over User Generated Content passing through its network or equipment, or available on or through the TCGC Site or the TCGC Services. You may only post or send User Generated Content on the TCGC Site or through the TCGC Services that you created or that you have permission to post or send. You may not post User Generated Content that violates the Rules. TCGC does not claim ownership of any User Generated Content. You are responsible for any content you post to the TCGC Services, and the consequences for sharing such content. Disputes may arise between you and others or between you and TCGC related to content or commerce, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that you post, transmit, re-transmit or receive through the TCGC Services, TCGC's network or TCGC's equipment are your sole and exclusive responsibility.
Email. You are responsible for any damages caused by your decision to download any email or attachments. You agree that TCGC is not responsible for any email or attachments that are blocked or deleted for any reason and that you have no right, and TCGC has no obligation, to retrieve or access any such deleted or blocked email or attachments. You agree that TCGC is not responsible for any email or attachments that it fails to block or delete, even if such e-mail or attachments contain viruses or are otherwise harmful to your computer.
System Management. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the TCGC Services and to operate your computer.
Indemnification of TCGC and Affiliates. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TCGC AND ITS AFFILIATES SUCH AS IBBS AND NORTHSTAR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF TCGC SERVICES THROUGH THE TCGC ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM TCGC'S OWN WILLFUL MISCONDUCT. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF TCGC SERVICES PROVIDED TO YOU.
Regulatory Compliance. In the event there is a ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes TCGC to believe that the Rules may be in conflict with such rules, regulations, and orders, TCGC may terminate or modify the TCGC Services and/or the Rules immediately without notice.
All Warranties Disclaimed. YOU ACKNOWLEDGE THAT TCGC SERVICES ARE PROVIDED "AS IS, WITH ALL FAULTS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE TCGC SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF TCGC SERVICES OR THAT TCGC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TCGC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. TCGC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE TCGC SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TCGC WILL HAVE SERVICE OR ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA. TCGC DOES NOT WARRANT THAT TCGC SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET ACCESS SERVICE OR TCGC SERVICES IN PARTICULAR.
TCGC FURTHER DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE EQUIPMENT, OR NON-INFRINGEMENT.
Not Liable for Damages. IN NO EVENT SHALL TCGC OR ITS AFFILIATES BE LIABLE UNDER ANY SECTION OF THESE TERMS OF SERVICE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TCGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TCGC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL TCGC'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO TCGC FOR THE APPLICABLE SERVICE FOR THE PRIOR MONTH. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE RULES OR OUT OF THE TCGC SERVICES MAY BE BROUGHT BY YOU OR TCGC MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED.
Termination of Services for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, TCGC will terminate your account if you use your account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. TCGC may, in its sole discretion, decide to terminate your account privileges prior to that time if it has good faith belief that infringement has occurred. TCGC will also terminate your account if you are deemed to be a repeat infringer. A repeat infringer is a subscriber who has been notified of infringing activity more than twice and/or has had User Generated Content removed from the TCGC Site or TCGC Services more than twice.
Liability Limitation. TCGC shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.
Subpoenas. TCGC may be required to provide information about you to a third party. Except as prohibited by law, we will notify you if we plan to comply with a civil subpoena related to your TCGC Service. You agree to hold us harmless for the release of your information in connection with a civil subpoena, including, but not limited to, any claims that you did not receive notice of the subpoena from TCGC.
Electronic Agreements. Any registrations, agreements, and terms presented by TCGC electronically have the same effect as one in writing and are legally enforceable as a signed writing.
Assignability. TCGC may assign these Terms of Service at any time without notice to you. You may not assign these Terms of Service to any other person.
Severability. If any provision of the Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
No Waiver. Any failure of TCGC to enforce any provision of the Rules shall not constitute a waiver of any rights under such provision or any other provision of the Rules.