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Broadstripe HSD Subscriber Agreement
Introduction
In order to provide high quality customer service and
to insure the integrity of Broadstripe's High Speed Data (HSD) network,
and commercial or residential Broadstripe High Speed Data products,
(collectively referred to as "the Service"), Broadstripe has adopted the
following terms and conditions set forth in this subscriber Agreement
(the "Agreement").
Broadstripe
is pleased you have chosen our service for your Internet access needs.
Please read our Acceptable Use Policy ("AUP") and the terms and
conditions of this Agreement prior to accessing the Service. The word
Customer is used herein to refer to any individual, entity or business
organization that subscribes to the Service. BY USING THE SERVICE,
CUSTOMER AGREES TO THE TERMS IN THE AGREEMENT AND THE AUP, AND REQUIRES
OTHERS USING THE SERVICE VIA CUSTOMER'S ACCOUNT TO ABIDE BY THESE
CONDITIONS AND TERMS. YOU SHOULD REVIEW THIS DOCUMENT REGULARLY TO
ENSURE THAT YOUR ACTIVITIES CONFORM TO THE MOST RECENT VERSION. IF YOU
DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY STOP USING
THE SERVICE AND NOTIFY CUSTOMER SERVICE SO THAT YOUR SERVICE ACCOUNT MAY
BE CLOSED. YOU WILL CONTINUE TO INCUR AND BE RESPONSIBLE FOR CHARGES
UNTIL YOU NOTIFY CUSTOMER SERVICE THAT YOU ARE CLOSING YOUR ACCOUNTS.
Broadstripe reserves the right to modify the
terms of this Agreement or prices for the Service and may discontinue or
revise any or all other aspects of the Service in its sole discretion at
any time by posting changes online. Your continued use of the Service
after changes are posted constitutes your acceptance of this Agreement
as modified by the posted changes. The updated, online version of this
Agreement shall supersede any prior version of this Agreement that may
have been included in any installation package or related materials
provided by Broadstripe. This Agreement should
be read in conjunction with our Acceptable Use Policy, ("AUP"), online
privacy policy, and other applicable policies.
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SUBSCRIPTION
You acknowledge that you are at least 18 years of age. You warrant
that the Customer information that you have provided and will
provide to Broadstripe during the term of
this Agreement, including without limitation your legal name,
address, telephone number(s), the number of computers on which the
Service is being accessed and payment data (including without
limitation credit card numbers and expiration dates) is accurate,
complete and current. You agree to promptly notify us, in accordance
with the terms of this Agreement, if there is any change in the
information that you have provided to us. Failure to provide and
maintain accurate information constitutes a breach of this
Agreement.
Your subscription entitles you to use the Service. Your subscription
is personal to you, you agree not to assign, transfer, resell or
sublicense your rights as a subscriber unless specifically allowed
by this Agreement. You agree that you are solely responsible and
liable for any and all breaches of the terms and conditions of this
Agreement, whether such breach results from your use of the Service
or by another using your computer. You agree to contact the local
Broadstripe office identified on your
monthly invoice immediately upon the occurrence of any change in the
status of your account (e.g., change in individuals authorized to
use your account) for the purpose of updating your account
information.
Broadstripe will provide you with dynamic
Internet protocol ("IP") address(s) as a component of the Service
and these IP address(s) can and do change over time. You will not
alter, modify, or tamper with these dynamic IP address(s) or those
of any other customer. You agree not to use a dynamic domain name
server or DNS to associate a host name with the dynamic IP address(s)
for any commercial purpose. You also agree not to use any software
on or in conjunction with any computer(s) or network device
connected to the Service that provides for static IP address(s).
You will not connect the Service or any
Broadstripe Equipment to more computers, either on or outside
of the Premises, than are reflected in your account with us. You
acknowledge that any unauthorized receipt of the Service constitutes
theft of service, which is a violation of federal law and can result
in both civil and criminal penalties. In addition, if the violations
are willful and for commercial advantage or private financial gain,
the penalties may be increased.
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NO OUT OF HOME
WIRELESS ACCESS
Customer is prohibited from using the Service to provide a wireless
out of home local area network or out of home wireless access to the
Service. Customer will not resell the Service, charge others to use
the Service or allow others not affiliated with Customer to use the
Service. Customer will not use the Service to operate as an Internet
Service Provider, a server site for co-location or commercial web
hosting, e-mail hosting or other similar hosting operations or to
facilitate a wireless local area network.
Broadstripe acknowledges that Customer may use a single modem
to provide multiple-user access to other computers through a wired
or wireless local/home area network.
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PAYMENT TERMS
You agree to be responsible for any and all charges, damages and
costs that you or anyone using your Broadstripe
internet account incurs. You agree to pay all monthly fees and
installation charges including, but not limited to, applicable,
taxes, customer service fees, late fees, equipment return or
collection fees and door collection fees. Monthly fees will be
billed one month in advance. If payment is not received by the due
date, late fees and/or collection charges may be assessed and the
Service may be terminated. You may incur charges including, without
limitation, charges relating to the purchase of "premium" services,
such as additional web space, business class services, email
accounts, or access to certain gaming or broadband content sites in
addition to those billed by Broadstripe.
All such charges, including all applicable taxes, are your sole
responsibility. You may be required to pay a reconnect fee,
activation fee and/or a security deposit in addition to all past due
charges before the Service is reconnected.
If authorized by you, Broadstripe may
charge all amounts payable by you to Broadstripe
pursuant to this Agreement to your credit card in accordance with
the credit card information provided by you. By providing a credit
card number to us, you authorize us to continue charging the credit
card for all monthly fees (including without limitation monthly
service fees and equipment charges, as well as applicable taxes and
fees) payable to Broadstripe, and any
other charges incurred by you and payable to
Broadstripe pursuant to this Agreement, until this Agreement
is terminated. 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 agree to inform us
immediately of any change in credit card information (including
without limitation a change in 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
Broadstripe does not receive payment from your credit card
issuer or its agents, you agree to pay all amounts due upon demand
by us. Further, if payment is not received by the original due date,
late fees and/or collection charges may be assessed and the Service
may be terminated.
Subject to applicable law, you must notify us of any billing errors
or other requests for refund within 60 (sixty) days of the date on
which the error occurred.
You authorize Broadstripe to make
inquiries and to receive information about your credit experience
from others, enter this information in your file, and disclose this
information concerning you to appropriate third parties for
reasonable business purposes.
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CUSTOMER
INFORMATION AND PRIVACY
Your privacy interests, including your ability to limit disclosure
of certain information to third parties, is described in the
Broadstripe Privacy Policy which we
delivered to you at the time of the original installation of the
Service, and will be delivered to you annually as long as you
receive the Service such notice may be delivered electronically via
e-mail. You acknowledge your receipt and review of the
Broadstripe Privacy Policy and your
express consent to the terms of that privacy policy.
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.
Broadstripe 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
Broadstripe 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.
You acknowledge 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
Broadstripe nor its affiliates or agents
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. 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.
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COMPUTER AND
EQUIPMENT REQUIREMENTS
Customer understands and agrees that the Service requires that
certain equipment be provided by the Customer, including, but not
limited to, a personal computer and appropriate Operating System
(collectively the "Customer Equipment"). It further requires certain
equipment that may or may not be provided by
Broadstripe such as a cable modem, an Ethernet card and
wiring installed by Broadstripe or its
designee (if provided by Broadstripe or its designee, "Broadstripe
Equipment"). At the time of initial installation of the service,
your computer equipment and customer equipment must comply with
Broadstripe's current minimum computer requirements that are
available at
http://www.broadstripe.com. The minimum computer requirements
may change and Broadstripe will make
reasonable efforts to support previously acceptable configurations;
however, Broadstripe is not obligated to
continue to provide such support. You may rent or purchase a cable
modem from Broadstripe or may purchase a
DOCSIS-compliant, Broadstripe approved
cable modem from a third party provider. If you purchase a cable
modem, such modem will be deemed Customer Equipment rather than
Broadstripe Equipment.
Broadstripe reserves the right to provide service only to
users with Broadstripe-approved
DOCSIS-compliant modems. You are strongly urged to check with local
Broadstripe customer support or online at
http://www.broadstripe.com for the most current
Broadstripe approved cable modem list. You
agree to only connect Broadstripe approved
equipment to the Broadstripe network.
You acknowledge that the Broadstripe
Equipment is merely a means through which the service is provided by
us and may be removed or changed by us at our discretion as we deem
appropriate, including through "downloads" to your modem or
otherwise. You agree not to use the Broadstripe
Equipment for any purpose other than to use the service pursuant to
this Agreement. You will not remove any
Broadstripe Equipment from the premises or connect the
Broadstripe Equipment to any outlet other
than the outlet to which the equipment was initially connected.
Broadstripe may relocate the
Broadstripe Equipment for you within the
premises at your request for an additional charge. If you relocate
to a new address, this Agreement shall automatically terminate and
you will be required to enter into a new Agreement and may be
charged a new installation fee and/or activation fee to initiate
service. You will not connect any equipment, other than equipment
authorized by Broadstripe, to the cable
modem outlet. You understand that failure to comply with this
restriction may cause damage to the Broadstripe
network and subject you to liability for damages and/or criminal
prosecution. You may not alter, modify or tamper with the equipment
or the service, or permit any other person to do the same that is
not authorized by Broadstripe.
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INSTALLATION
You authorize Broadstripe personnel and/or
its agents to enter your premises (the "Premises") at mutually
agreed upon times in order to install, maintain, inspect, repair and
remove the Service. If you are not the owner of the Premises upon
which the Service is to be installed, you represent and warrant that
you have obtained the consent of the owner of the Premises for
Broadstripe personnel and/or its agents to
enter the Premises for the purposes described above. You shall
indemnify and hold Broadstripe harmless
from and against any claims of the owner of the Premises arising out
of the performance of this Agreement.
You acknowledge and agree
that installation of the Service (including any licensed NIC or USB
driver software) may require Broadstripe personnel and/or its agents
to open your computer. You further acknowledge and agree that
installation and/or use of the Service (including the driver
software) may result in the modification of your computer's systems
files. Broadstripe neither represents, warrants, nor covenants that
such modifications will not disrupt the normal operations of your
computer. Broadstripe shall have no liability whatsoever for any
damage resulting from the installation and/or use of the licensed
software or file modifications. Broadstripe is not responsible for
returning your computer to its original configuration prior to
installation. Broadstripe
or its agents will supply and install certain software and, if
required, an extra cable outlet, a cable modem and an Ethernet card
for a fee determined by Broadstripe.
Whether a cable modem is owned by you or
Broadstripe, Broadstripe has 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 customer premises at
our discretion, as we deem appropriate.
Broadstripe will also provide an "installation guide" and
online instructions on how to use the service.
Broadstripe shall use reasonable efforts to install the
service to full operational status, provided that your computer and
appropriate operating system fulfills the minimum computer
requirements set forth herein. You may transfer the licensed
software to additional computers within the home, but service and
support for these additional machines is limited and/or may incur an
additional fee. You agree that Broadstripe has no responsibility to
provide service and support for in-home networks. If you intend to
transfer the software, you must give Broadstripe
prior notice of such transfer.
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ACCEPTABLE USE
POLICY
You agree to use the services strictly in accordance with the
acceptable use policy located at www.broadstripe.com - Terms &
Policies - Broadstripe AUP which may be modified by
Broadstripe from time to time, and which
is incorporated herein by reference and made a part of this
Agreement.
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USE AND POSTING OF
MATERIAL
Customer expressly agrees that use of the Service is at Customer's
sole risk. You are solely responsible and liable for all material
that you upload, post, email, transmit or otherwise make available
via the Service, including, without limitation, material that you
post to any Broadstripe website or the web
site of a Broadstripe affiliate, or any
third party vendor's service (e.g., newsgroups) that is used by
Broadstripe.
Broadstripe does not claim ownership of material you submit
or make available for inclusion on the Service. However, with
respect to material you submit or make available for inclusion on
publicly accessible areas of the service, you grant
Broadstripe a world-wide, royalty free and
non-exclusive license(s) to: use your material in connection with
Broadstripe's businesses including, but not limited to, the rights
to: copy, distribute, publicly perform, publicly display, transmit,
publish your name in connection with the material, and to prepare
derivative works. No compensation will be paid with respect to the
use of your material.
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LINKS TO THIRD
PARTY WEBSITES
In your use of the Service and/or Broadstripe
web sites, you may encounter various types of links that enable you
to visit web sites operated or owned by third parties ("third party
site(s)"). These links are provided to you as a convenience and are
not under the control or ownership of Broadstripe.
The inclusion of any link to a third party site is not (i) an
endorsement by Broadstripe of the third
party site, (ii) an acknowledgement of any affiliation with its
operators or owners, or (iii) a warranty of any type regarding any
information or offer on the third party site. Your use of any third
party site is governed by the various legal Agreements and policies
posted at that web site.
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MONITORING,
RESTRICTION OR REMOVAL OF CONTENT
Broadstripe is under no obligation to
monitor the Service. However, Broadstripe
reserves the right at all times and without notice to remove,
restrict access to, or make unavailable, any content on its servers
that it considers, in its sole discretion, obscene, lewd,
lascivious, filthy, excessively violent, harassing, or otherwise
objectionable, and to monitor, review, retain and/or disclose any
content or other information in Broadstripe's possession about or
related to you, your use of the services or otherwise as
Broadstripe deems necessary to satisfy any
applicable law, regulation, legal process, or governmental request.
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TERMINATION OR
SURVIVING OBLIGATIONS
Except as it relates to Customer's obligation to fulfill any time
commitment set forth in any initial Broadstripe
promotional or contractual obligation for Service, either party may
terminate this Agreement at any time without cause by providing the
other party with no less than forty eight (48) hours written notice
of termination. In the event of termination by you, you must notify
Broadstripe by telephone or by a
non-electronic written submission. E-mail submissions shall not
constitute effective notice. In the event of termination by
Broadstripe without cause,
Broadstripe may notify you of such
termination by electronic or other means. In those cases where you
elect annual prepayment terms or have subscribed and pre-paid under
discounted monthly service terms, you agree and understand that the
calculation of any refund for unused service will be based upon the
discounted payment rate. Broadstripe shall
have the right to terminate this Agreement immediately without
notice if, in its sole opinion, customer or someone using customer's
account has violated this Agreement or the AUP.
You expressly agree that upon termination of this Agreement: (i) you
will pay Broadstripe in full for your use
of any Broadstripe Equipment and Service
up to the later of the effective date of termination of this
Agreement or the date on which the Service and any
Broadstripe Equipment has been
disconnected and returned to Broadstripe.
You agree to pay Broadstripe on a
pro-rated basis for any use by you of any
Broadstripe Equipment or Service for a part of a month. (ii)
You will permit Broadstripe to access your
premises at a reasonable time to remove any
Broadstripe Equipment and other material provided by
Broadstripe. (iii) you will ensure the
immediate return of any Broadstripe
Equipment to Broadstripe. You will be
responsible for damages to any Broadstripe
Equipment. You will return or destroy all copies of any software
provided to you pursuant to this Agreement. (iv)
Broadstripe is authorized to delete any files, programs, data
and e-mail messages associated with your account. You shall return
the Broadstripe Equipment (including
without limitation the modem if you are leasing a modem from
Broadstripe) to
Broadstripe, by any method reasonably requested by us, within
10 days after termination of the Agreement. Upon our request, you
will permit us, and our employees, agents, contractors, and
representatives, to access your Premises within 10 days during
regular business hours to remove the Broadstripe
Equipment and other material provided by
Broadstripe. This removal will be conducted at an agreed to
time; and you will ensure the return of all
Broadstripe Equipment to Broadstripe.
If any Broadstripe Equipment is not
returned, you agree that Broadstripe may
bill you for the charges, including without limitation charging your
credit card if applicable.
Nothing contained in this Agreement shall be construed to limit
Broadstripe's rights and remedies available at law or in equity.
Upon termination of this Agreement for any reason,
Broadstripe and its suppliers reserve the
right to delete all your data, files, electronic messages or other
Customer information that is stored on
Broadstripe or its suppliers' servers or systems. In
addition, you may forfeit your account user name and all e-mail, IP,
and web space addresses. We shall have no liability whatsoever as
the result of the loss of any such data names or addresses.
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DISCLAIMER OF
WARANTIES AND LIMITATION OF LIABILITY
You expressly agree that Broadstripe is
not responsible or liable for any content, act or omission of any
third party including, without limitation, any threatening,
defamatory, obscene, offensive, or illegal conduct, or any
infringement of another's rights including, without limitation,
privacy and intellectual property rights.
THE SERVICE IS PROVIDED TO YOU "AS
IS" WITHOUT WARRANTY OF ANY KIND. NEITHER BROADSTRIPE, NOR ITS
AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS
WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM
VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS. BROADSTRIPE DOES NOT
WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE
TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF
TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE,
NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. BROADSTRIPE AND
ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY
COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE
INSTALLATION OR USE, OF THE LICENSED SOFTWARE, THE SERVICE, THE
EQUIPMENT FURNISHED BY BROADSTRIPE, OR BROADSTRIPE'S PROVISION OF
TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE
RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE BROADSTRIPE
INSTALLER, TECHNICIAN OR CUSTOMER/TECHNICAL SERVICE REPRESENTATIVE,
INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR
DAMAGES, REGARDLESS OF WHETHER OR NOT BROADSTRIPE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, BROADSTRIPE'S
CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE
USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES
PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU
HEREBY RELEASE BROADSTRIPE FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BROADSTRIPE IS
ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO
YOUR BREACH OF THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY UNDER
THIS AGREEMENT ARE AS EXPRESSLY SET FORTH HEREIN. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
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IMDEMINFICATION
You agree to indemnify and hold Broadstripe, its parents,
subsidiaries, members, affiliates, officers and employees, harmless
from any claim, demand, or damage, including costs and reasonable
attorneys' fees, asserted by Broadstripe or any third party due to
or arising out of your use of or conduct on the Service. Broadstripe
will notify you of any third party claim for which Broadstripe seeks
indemnification and will afford you the opportunity to participate
in the defense of such claim, provided that your participation will
not be conducted in a manner prejudicial to Broadstripe's interests,
as reasonably determined by Broadstripe.
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MANAGEMENT OF
NETWORK
Broadstripe reserves the right to manage its network for the
greatest benefit of the greatest number of subscribers including,
without limitation, the following: rate limiting, rejection or
removal of "spam" or otherwise unsolicited bulk email, traffic
prioritization, protocol filtering and bandwidth restrictions for
peer-to-peer file sharing. You expressly accept that such action on
the part of Broadstripe may affect the performance of the service.
Customer acknowledges that use of the Service does not give you any
ownership or other rights in any Internet/online addresses provided
to you, including but not limited to Internet Protocol (IP)
Addresses, email 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. Broadstripe
reserves the right to enforce limits on specific features of the
service including, without limitation, e-mail storage and web
hosting maximums.
Click here to learn the limits on specific features of the
service. Broadstripe offers a competitive set of features and
benefits as a bundle of services that comprise the Broadstripe High
Speed Internet Service.
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DAMAGE TO AND
ENCUMBRANCES ON EQUIPMENT, COMPUTER, SOFTWARE
All equipment provided by Broadstripe will at all times remain the
property of Broadstripe. You may not sell, transfer, lease, encumber
or assign all or part of the equipment to any third party.
Broadstripe will repair and maintain all Broadstripe equipment and
you agree that anyone other than Broadstripe employees or their
agents will not service the Broadstripe equipment. You agree to pay
the full retail cost for the repair or replacement of any lost,
stolen, unreturned, damaged, sold, transferred, leased, encumbered
or assigned equipment or part thereof, together with any costs
incurred by Broadstripe in obtaining or attempting to obtain
possession of any such equipment. You hereby authorize Broadstripe
to charge your Visa, Master Card, other credit card, debit card or
other payment method authorized by you for any outstanding service,
equipment, and repair and replacement costs described herein.
Broadstripe may, at its option, install new or reconditioned
equipment, including swapping your existing equipment for DOCSIS-compliant
equipment, for which you may incur a fee. If you change residences
or disconnect your service, you must contact Broadstripe for
additional information concerning disconnecting the service, the
possibility of costs and procedures for transferring the Broadstripe
equipment and service to your new residence.
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GOVERNING LAW AND
JURISDICTION
Customer agrees that any dispute with Broadstripe will be governed
by the law of the state of residence of where the service is
provided (i.e. the location of the Broadstripe cable system
providing the service), and will apply to all matters relating to
this Agreement. In addition, customer agrees and consents that the
courts of such state will have exclusive jurisdiction over any such
legal action. All matters with respect to this Agreement, including,
without limitation, matters of validity, construction, effect and
performance shall be governed by the internal laws of such state
applicable to contracts made and to be performed therein between the
residents thereof (regardless of the laws that might otherwise be
applicable under principles of conflicts of law).
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MISCELLANEOUS
This Agreement, and any term commitments and early termination
charges associated with any promotion, constitutes the entire
Agreement and understanding between the Parties with respect to its
subject matter and supersedes and replaces any and all prior written
or oral Agreements. Any change to this Agreement is only applicable
if signed by the Regional President of Broadstripe or if posted
online by Broadstripe. In the event that any portion of this
Agreement is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties and the
remainder of its provisions shall remain in full force and effect.
Nothing contained in this Agreement shall be construed to limit
Broadstripe's rights and remedies available at law or in equity.
Broadstripe's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. This Agreement may not be assigned or
transferred by you. This Agreement is freely assignable by
Broadstripe to third parties.
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HOW TO CONTACT US
For any questions regarding this subscriber Agreement, billing or
other, please contact Broadstripe at one of the following:
E-mail: visit
http://www.broadstripe.com and check under the state where you
live for "contact us"
tab for the appropriate email address for your issue
Phone: see your invoice or visit
http://www.broadstripe.com and check under the state where you
live for "contact us"
tab for the appropriate phone number
U.S. mail: see your invoice or visit http://www.broadstripe.com and
check under the state where you live for "contact us" tab for the appropriate address
Version 1.1
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