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Terms & Conditions

This is a legal agreement between you, the Customer, and Savage Communications Inc. (SCI). Signature on this agreement or use of the Service indicates that you accept these terms. If you do not agree with these terms, do not use the system.

1. Customer shall abide by all the terms of all SCI Broadband policies including the SCI Broadband Service Agreement (SA) and Bulletin Agreement (BA) as they may change from time to time. The Bulletin Agreement is located at http://www.scibroadband.com/backend/policies/tos/ If you do not agree to all of the terms of the SA and BA, contact SCI immediately and terminate your agreement, any prepayment or installation fees will be refunded to you. Use of the service indicates agreement with all terms and conditions of the SA and BA.

2. Customer shall use the cable modem for Internet access for no more than __ computer(s) located within the same residence or business only. Customer shall not lease or sublease or provide Internet access to others through the use of the cable modem or otherwise. Use of Servers of any kind is prohibited. Servers include but are not limited to ftp servers, mail servers, and web servers.

3. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. NEITHER SCI, OR ANY LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SCI, THEIR AGENTS, EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED HEREUNDER. SCI, ITS EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR LOST, STOLEN, OR DAMAGED EQUIPMENT, WITHOUT LIMITATION. SCI SHALL NOT BE HELD LIABLE FOR LOSS OF ANY SOFTWARE, HARDWARE OR DATA, IN WHATEVER FORM STORED ON ANY COMPUTER EQUIPMENT ONTO WHICH A CABLE MODEM AND ASSOCIATED EQUIPMENT IS INSTALLED. IT IS CUSTOMER’S RESPONSIBILITY TO BACK UP ANY AND ALL DATA, AND SOFTWARE PRIOR TO THE INSTALLATION OF THE CABLE MODEM AND ASSOCIATED EQUIPMENT.

4. Additional Charges: Customer is subject to additional charges including, but not limited to: data transfers over 5Gig per month $.079/Meg, bad check charges, $20; non-pay reconnect fees of $15 truck roll and $3 addressable authorization; and transfer to another address, $20.

5. SCI shall not be liable to Customer for any damages arising from any event that is out of the control of SCI. Neither shall SCI be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including but not limited to, lost profits, or for the loss of data or information of any kind, however caused and arising out of or in connection with the performance of SCI or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not SCI has been made aware of the possibility of such damages. In no event shall liability exceed a refund of amounts actually paid by Customer for the then current year.

6. Customer expressly acknowledges that the bandwidth provided by SCI is a shared service. Any quoted bandwidth rating/transfer rate for High Speed Internet Service is a maximum rate and not guaranteed based upon the shared service. SCI reserves the right to manage its Networks to provide for maximum efficiency. Due to the demands of the Internet, the limitations of other networks that comprise the Internet and Customer’s equipment limitations, the maximum speeds may be available but only on a burst basis.

7. SCI permits IP traffic only. Other protocols are prohibited without prior arrangement.

8. Customer hereby certifies that he or she is 18 years of age or older and will not use this service to conduct any illegal activity including but not limited to violations of the Communications Decency Act of 1996.

9. Customer hereby indemnifies and will hold harmless, SCI, its successors and assigns, from any and all copyright, trademark, patent or any other legal liability arising out of the use of this service.

10. Breach of this Agreement by Customer may result in immediate termination of services in addition to liability for any and all damages, including attorney fees and costs.

11. Equipment: You have been issued a cable modem and associated equipment for the account holder’s use while the account holder is a subscriber in good standing with SCI. The cable modem and associated equipment is the property of SCI and may not be relocated from the account holder’s address without consent of SCI. If any service with SCI is terminated for any reason, you must immediately return the modem and associated equipment in an undamaged condition to SCI at the nearest SCI office. If the modem and associated equipment is not immediately returned upon termination, you will be assessed a charge of $350, which is the manufacturer’s resale price of the modem plus collection costs, and collection proceedings will commence against you.

12. Responsibility for Equipment: From the time the cable modem and associated equipment is provided until it is returned, you are responsible for it. If it is lost, stolen or damaged under any circumstances after it is provided until it is returned, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the cable modem and associated equipment.

13. Receipt of Equipment: As the account holder, you are primarily liable for the cable modem and associated equipment upon signing this Agreement. For your convenience, if you are unavailable at the time of scheduled installation, you may appoint any creditworthy person over the age of 18 to accept the modem and associated equipment on your behalf. The installer will require an equipment acknowledgement from that person at the time of the installation. This will not relieve you of responsibility for the modem and associated equipment. Therefore, it is important that you select someone trustworthy to be at the installation appointment.

14. Customer shall use reasonable efforts to minimize unnecessary network traffic and interference with the work of other users of interconnected networks.

15. Customer is solely responsible for limiting access to objectionable material, which may be on the Internet. SCI takes no responsibility or liability for unauthorized viewing of said materials by minors or any other persons.

16. This agreement is and shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and performed in Minnesota. Any cause of action of a Customer or its designated user with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.

17. The Service is provided to the named applicant (Customer) for their private non-commercial use.

EQUIPMENT ACKNOWLEDGEMENT

I hereby acknowledge receipt of the equipment listed below. I understand that, even though I may not be the account holder for which equipment is used, I am responsible for receipt of the equipment as follows: From the time the cable modem and associated equipment is provided until it is returned, you and the account holder (if different) are joinly and severally respnsible for it. If it is lost, stolen or damaged under any circumstances after it is provided until it is returned, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the cable modem and associated equipment. The cable modem and associated equipment is the property of SCI and may not be relocated from the account holder’s address without consent of SCI. If any service with SCI is terminated for any reason, you must immediately return the modem and associated equipment in an undamaged condition to SCI at the nearest SCI office, If the modem and associated equipment is not immediately reurned upon termination, you will be assessed a charge of $350, which is the manufacturer’s resale price of the modem plus collection costs, and collection proceedings will commence against you.