PLEASE READ THE IMPORTANT INFORMATION BELOW
MID-HUDSON CABLE TERMS OF SERVICE
These Terms of Service constitute the agreement ("Agreement") between
Mid-Hudson Cablevision, Inc. ("we," "us" or "MHC") and the user ("you,"
"user" or "Customer") of MHC's residential and small business Cable Phone
services and any related products or services ("Service"). This Agreement
governs both the Service and any devices, such as an IP phone, Multimedia
Terminal Adapter, Analog Telephone Adapter or any other IP connection
device ("Device" or "Equipment"), used in conjunction with the Service. If
you purchased Equipment from a retail store, dealer or other provider other
than MHC, you are a "Retail Customer" for purposes of this Agreement.
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL
AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND
FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. EMERGENCY SERVICES - 911 DIALING
1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The
Service does not support traditional 911 or E911 access to emergency
services in all locations. Where we do not offer traditional 911 or E911
access, we offer a feature known as "911 Dialing" which is a limited
emergency calling service available only on Mid-Hudson Cable-certified
Devices or Equipment. The 911 Dialing feature cannot be used in
conjunction with a Mid-Hudson Cable Soft Phone or Virtual Numbers. Our 911
Dialing feature is not automatic; you must separately take affirmative
steps, as described in this Agreement and on our website, to register the
address where you will use the Services in order to activate the 911
Dialing feature. You must do this for each Mid-Hudson Cable phone number
that you obtain. The 911 Dialing feature of the Service is different in a
number of important ways from traditional 911 or E911 service as described
on our website page for 911 Dialing under "Features," and below. You shall
inform any household residents, guests and other third persons who may be
present at the physical location where you utilize the Service of (i) the
non-availability of traditional 911 or E911, and (ii) the important
differences in and limitations of the Mid-Hudson Cable 911 Dialing feature
as compared with traditional 911 or E911 dialing. The documentation that
accompanies each Device that you purchase should include a sticker
concerning the potential non-availability of traditional 911 or E911
dialing (the "911 Sticker"). It is your responsibility, in accordance with
the instructions that accompany each Device, to place the 911 Sticker on
each Device that you use with the Service. If you did not receive a 911
Sticker with your Device, or you require additional 911 Stickers, please
contact our customer care department at 1-800-342-5400.
1.2 Registration of Physical Location Required. For each phone number that
you use for the Service, you must register with MHC the physical location
where you will be using the Service with that phone number. When you move
the Device to another location, you must register the new location. If you
do not register the new location, any call you make using the 911 Dialing
feature may be sent to an emergency center near the old address. You will
register your initial location of use when you subscribe to the Service.
Thereafter, you may register a new location by following the instructions
from the "911" registration link on your ***MHC web account dashboard
features page.*** For purposes of the 911 Dialing feature, you may only
register one location at a time for each phone line you use with the
Service.
***1.3 Confirmation of Activation Required. Your 911 Dialing feature will
not be activated for any phone line that you are using with the Service,
unless and until you receive an email from us confirming that the 911
Dialing feature has been activated for that phone line.
***1.4 How Emergency Personnel are Contacted. We contract with a third
party to use the address of your registered location to determine the
nearest emergency response center and then forward your call to a general
number at that center. When the center receives your call, the operator
will not have your address and may not have your phone number. You must
therefore provide your address and phone number in order to get help. Some
local emergency response centers may decide not to have their general
numbers answered by live operators 24 hours a day. If we learn that this
is the case, we will send your call instead to a national emergency
calling center and a trained agent will contact an emergency center near
you to dispatch help. You hereby authorize us to disclose your name and
address to third-party service providers, including, without limitation,
call routers, call centers and public service answering points, for the
purpose of dispatching emergency services personnel to your registered
location.
1.5 Service Outages.
(a) Service Outages Due to Power Failure or Disruption. 911 Dialing does
not function in the event of a power failure or disruption. If there is an
interruption in the power supply, the Service, including 911 Dialing, will
not function until power is restored. Following a power failure or
disruption, you may need to reset or reconfigure the Device prior to
utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Termination of
Broadband Service or ISP Service. Service outages or suspensions or
terminations of service by your broadband provider or ISP will prevent all
Service, including 911 Dialing, from functioning.
(c) Service Outage Due to Suspension or Termination of Your MHC Account.
Service outages due to suspension or termination of your account will
prevent all Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or
Other Acts. Your ISP or broadband provider, if other than MHC, or other
third party may intentionally or inadvertently block the ports over which
the Service is provided or otherwise impede the usage of the Service. In
that event, provided that you alert us to this situation, we will attempt
to work with you to resolve the issue. During the period that the ports
are being blocked or your Service is impeded, and unless and until the
blocking or impediment is removed or the blocking or impediment is
otherwise resolved, your Service, including the 911 Dialing feature, may
not function. You acknowledge that MHC is not responsible for the blocking
of ports by your ISP or broadband provider or any other impediment to your
usage of the Service, and any loss of service, including 911 Dialing, that
may result. In the event you lose service as a result of blocking of ports
or any other impediment to your usage of the Service, you will continue to
be responsible for payment of the Service charges unless and until you
terminate the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason,
such outage will prevent all Service, including 911 Dialing, from
functioning. Such outages may occur for a variety of reasons, including,
but not limited to, those reasons described elsewhere in this Agreement.
1.6 Re-Activation Required if You Change Your Number or Add or Port New
Numbers. 911 Dialing does not function if you change your phone number or
if you add or port new phone numbers to your account, unless and until you
successfully register your location of use for each changed, newly added or
newly ported phone number.
1.7 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing
Calls. There may be a greater possibility of network congestion and/or
reduced speed in the routing of a 911 Dialing call made utilizing the
Service as compared to traditional 911 dialing over traditional public
telephone networks.
1.8 Possible Lack of Automatic Number Identification. It may or may not be
possible for the local emergency personnel to automatically obtain your
phone number when you use 911 Dialing. ***Our system is configured to send
the automatic number identification information;*** however, one or more
telephone companies, not us, route the traffic to the emergency response
center and that center may not be capable of receiving and passing on that
information. As a result, the operator who answers your 911 Dialing call
may not be able to automatically obtain your phone number and call you
back if the call is not completed or is not forwarded, is dropped or
disconnected, if you are unable to speak to tell the operator your phone
number, or if the Service is not operational for any reason.
1.9 No Automated Location Identification. In most service areas, it is not
possible at this time to transmit to the local emergency response center
the address that you registered for 911 Dialing. You will need to state
the nature of your emergency promptly and clearly, including your location
(and possibly your telephone number), as the operator will not have this
information. Emergency personnel will not be able to find your location if
the call is not completed or is not forwarded, is dropped or disconnected,
if you are unable to speak to tell the operator your location, or if the
Service is not operational for any reason.
1.10 Disclaimer of Liability and Indemnification. We do not have any
control over whether, or the manner in which, calls using our 911 Dialing
service are answered or addressed by any local emergency response center.
We disclaim all responsibility for the conduct of local emergency response
centers and the national emergency calling center. We rely on third parties
to assist us in routing 911 Dialing calls to local emergency response
centers and to a national emergency calling center. We disclaim any and
all liability or responsibility in the event such third party data used to
route calls is incorrect or yields an erroneous result. Neither Mid-Hudson
Cable nor its officers or employees may be held liable for any claim,
damage, or loss, and you hereby waive any and all such claims or causes of
action, arising from or relating to our 911 Dialing service unless such
claims or causes of action arose from our gross negligence, recklessness
or willful misconduct. You shall defend, indemnify, and hold harmless MHC,
its officers, directors, employees, affiliates and agents and any other
service provider who furnishes services to you in connection the Service,
from any and all claims, losses, damages, fines, penalties, costs and
expenses (including, without limitation, attorneys fees) by, or on behalf
of, you or any third party relating to the absence, failure or outage of
the Service, including 911 Dialing, incorrectly routed 911 Dialing calls,
and/or the inability of any user of the Service to be able to use 911
Dialing or access emergency service personnel.
1.11 Alternate 911 Arrangements. If you are not comfortable with the
limitations of the 911 Dialing service, you should consider having an
alternate means of accessing traditional 911 or E911 services or
terminating the Service.
2. SERVICE
2.1 Term. Service is offered on a monthly basis for a term that begins on
the date that MHC activates your Service and ends on the day before the
same date in the following month. Subsequent terms of this Agreement
automatically renew on a monthly basis unless you give us written notice
of non-renewal at least ten (10) days before the end of the monthly term
in which the notice is given. You are purchasing the Service for full
monthly terms, meaning that if you attempt to terminate Service prior to
the end of a monthly term, you will be responsible for the full month's
charges to the end of the then-current term, including, without
limitation, unbilled charges, plus a termination fee, if applicable, all
of which will immediately become due and payable. You will also be
responsible for the next full month's charges in the event that you do not
provide the requisite ten-days notice of termination prior to the
expiration of the then-current term. Expiration of the term or termination
of Service will not excuse you from paying all accrued and unpaid charges
due under this Agreement
2.2 Residential Use of Service and Device. If you subscribe to MHC's
residential services, the Service and the Device are provided to you
solely for residential use. You shall not resell or transfer the Service
or the Device to another party without our prior written consent. You are
prohibited from using the Service or the Device for auto-dialing,
continuous or extensive call forwarding, telemarketing (including, without
limitation, charitable or political solicitation or polling), fax or
voicemail broadcasting or fax or voicemail blasting. We reserve the right
to immediately terminate or modify your Service if we determine, in our
sole and absolute discretion, that your use of the Service or the Device
is, or at any time was, inconsistent with normal residential usage
patterns. In addition, you will be required to pay our higher rates for
commercial service for all periods in which your use of the Service or the
Device was inconsistent with normal residential use. Residential monthly
service is limited to the contiguous 48 United States and does not include
calls to Alaska, Hawaii, Puerto Rico, Canada or any other area outside the
contiguous 48 United States. Calls out side the contiguous 48 United
States are billed on a per minute based. These rates are listed on our
Web Site.
2.3 Small Business Use of Service and Device. If you subscribe to MHC's
Small Business services, the Service and Device are provided to you as a
small business user. You shall not resell or transfer the Service or the
Device to another party without our prior written consent. You are
prohibited from using the Service or the Device for auto-dialing,
continuous or extensive call forwarding, telemarketing (including, without
limitation, charitable or political solicitation or polling), fax or
voicemail broadcasting or fax or voicemail blasting. We reserve the right
to immediately terminate or modify your Service if we determine, in our
sole and absolute discretion, that you have at any time used the Service
or the Device for any of the aforementioned or similar activities. Small
Business Use service is limited to the contiguous 48 United States and
does not include calls to Alaska, Hawaii, Puerto Rico, Canada or any other
area outside the contiguous 48 United States. Calls out side the
contiguous 48 United States are billed on a per minute based. These rates
are listed on our Web Site.
2.4 Business Plus Use of Service. If you subscribe to MHC's Business Plus
services, the Service is provided to you as a small business user. You
shall not resell or transfer the Service to another party without our
prior written consent. You are responsible for supplying, operating and
supporting the standard SIP based Customer Premise Equipment for use with
the Service. We reserve the right to immediately terminate or modify your
Service if we determine, in our sole and absolute discretion, that you
have at any time used the Service for any of the aforementioned or similar
activities. Business Plus Use service is limited to the contiguous 48
United States and does not include calls to Alaska, Hawaii, Puerto Rico,
Canada or any other area outside the contiguous 48 United States. Calls
out side the contiguous 48 United States are billed on a per minute based.
These rates are listed on our Web Site.
2.5 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device only for lawful
purposes. We reserve the right to immediately terminate your Service if,
in our sole and absolute discretion, we determine that you have used the
Service or the Device for an unlawful purpose. In the event of such
termination, you will be responsible for the full month's charges to the
end of the current term, including, without limitation, unbilled charges,
plus a termination fee, if applicable, all of which will become
immediately due and payable upon termination of your Service. If we
believe that you have used the Service or the Device for an unlawful
purpose, we may forward the relevant communication and other information,
including your identity, to the appropriate authorities for investigation
and prosecution. You hereby consent to our forwarding of any such
communications and information to these authorities. In addition, MHC will
provide information in response to law enforcement requests, subpoenas,
court orders, to protect it's rights and property and in the case where
failure to disclose the information may lead to imminent harm to the
customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Device in
any way that is threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, or any similar
behavior. We reserve the right to immediately terminate your Service if,
in our sole and absolute discretion, we determine that you have used the
Service or the Device in any of the aforementioned ways. In the event of
such termination, you will be responsible for the full month's charges to
the end of the current term, including, without limitation, unbilled
charges, plus a termination fee, if applicable, all of which will become
immediately due and payable upon termination of your Service. If we
believe that you have used the Service or the Device in any of the
aforementioned ways, we may forward the relevant communication and other
information, including your identity, to the appropriate authorities for
investigation and prosecution. You hereby consent to our forwarding of any
such communications and information to these authorities. In addition, MHC
will provide information in response to law enforcement requests,
subpoenas, court orders, to protect it's rights and property and in the
case where failure to disclose the information may lead to imminent harm
to the customer or others
2.6 Use of Service and Device by Customers Outside the United States.
Although we encourage you to use of the Service to place calls to foreign
countries from within the United States, we do not presently offer or
support the Service in any countries other than the United States and
Canada. If you use the Service or the Device outside of the United States
or Canada, you will be solely responsible for any violations of local laws
and regulations resulting from such use. ***We reserve the right to
terminate your Service immediately if we determine, in our sole and
absolute discretion, that you have used the Service or the Device outside
of the United States or Canada. ***
***2.7 Copyright; Trademark; Unauthorized Usage of Device; Firmware or
Software.
(a) Copyright; Trademark. The Service and Device and any firmware or
software used to provide the Service or provided to you in conjunction
with providing the Service, or embedded in the Device, and all Services,
information, documents and materials on our websites are protected by
trademark, copyright or other intellectual property laws and international
treaty provisions. All of our websites, corporate names, service marks,
trademarks, trade names, logos and domain names (collectively "marks") are
and will at all times remain our exclusive property. Nothing in this
Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Device; Firmware or Software. Other than for
Business Plus customers, you have not been granted any license to use the
firmware or software used to provide the Service or provided to you in
conjunction with providing the Service, or embedded in the Device, other
than a nontransferable, revocable license to use such firmware or software
in object code form (without making any modification thereto) strictly in
accordance with the terms and conditions of this Agreement. Other than for
Business Plus customers, you expressly agree that the Device is exclusively
for use in connection with the Service and that we will not provide any
passwords, codes or other information or assistance that would enable you
to use the Device for any other purpose. We reserve the right to prohibit
the use of any interface device that we have not provided to you. You
hereby represent and warrant that you possess all required rights,
including software and/or firmware licenses, to use anny interface device
that we have not provided to you. In addition, you shall indemnify and
hold us harmless against any and all liability arising out of your use of
such interface device with the Service. You shall not reverse compile,
disassemble or reverse engineer or otherwise attempt to derive the source
code from the binary code of the firmware or software. ***
2.8 Tampering with the Device or Service. You shall not change the
electronic serial number or equipment identifier of the Device or to
perform a factory reset of the Device without our prior written consent.
We reserve the right to terminate your Service if we believe, in our sole
and absolute discretion, that you have tampered with the Device. In the
event of such termination, you will remain responsible for the full
month's charges to the end of the current term, including, without
limitation, unbilled charges, plus a termination fee, if applicable, all
of which will immediately become due and payable. You shall not attempt to
hack or otherwise disrupt the Service or make any use of the Service that
is inconsistent with its intended purpose.
2.9 Theft of Service. You shall notify us immediately, in writing or by
calling our customer support line (1-800-342-5400), if the Device is
stolen or if you become aware at any time that your Service is being
stolen, fraudulently used or otherwise being used in an unauthorized
manner. When you call or write, you must provide your account number and a
detailed description of the circumstances of the Device theft, fraudulent
use or unauthorized use of Service. Failure to do so in a timely manner
may result in the termination of your Service and additional charges to
you. Until such time as we receive notice of the theft, fraudulent use or
unauthorized use, you will be liable for all use of the Service using a
Device stolen from you and any and all stolen, fraudulent or unauthorized
use of the Service.
2.10 Return of Device (Does Not Apply to Business Plus Customers)
(a) Retail Customers. A Retail Customer may only return the Device to MHC
or one of it return agents.
(b) Non-Retail Customers. Non-Retail Customers may return the Device to us
within fourteen (14) days of the termination of Service to receive a credit
for the $39.99 termination fee (See Section 3.6) provided that:
the Service is terminated within the first thirty (30) days following
the activation of the Service;
the Device is in original condition, reasonable wear and tear excluded;
the original proof of purchase are returned with the Device, together
with the original packaging, all parts, accessories, and documentation;
prior to returning the Device to us, you obtain a valid return
authorization number from our customer care department, which can be
reached at cm-csr@mid-hudson.com or 1-800-342-5400; and
you pay all costs of shipping the Device back to us.
If you disconnect multiple lines, we will issue you a credit for all
termination fees upon receipt of all Devices in accordance with the
requirements set forth above.
If you receive cartons or Devices that are visibly damaged, you must note
the damage on the carrier's freight bill or receipt and keep a copy. In
such event, you must keep the original carton, all packing materials and
parts intact in the same condition in which they were received from the
carrier and contact our customer care department immediately at
cm-csr@mid-hudson.com or 1-800-342-5400.
2.11 Number Transfer on Service Termination. Upon the termination of your
Service, we may, in our sole and absolute discretion, release to your new
service provider the telephone number that you ported (transferred or
moved over) to us from your previous service provider and used in
connection with your Service if:
such new service provider is able to accept such number;
your account has been properly terminated;
your account is completely current, including payment for all charges
and applicable termination fees; and
you request the transfer upon terminating your account.
2.12 Service Distinctions. The Service is not a telecommunications service
and we provide it on a best efforts basis. Important distinctions exist
between telecommunications service and the Service offering that we
provide. The Service is subject to different regulatory treatment than
telecommunications service. This treatment may limit or otherwise affect
your rights of redress before regulatory agencies.
2.13 Ownership and Risk of Loss. You will own the Device and bear all risk
of loss of, theft of, casualty to or damage to the Device, from the time it
is shipped to you until the time (if any) when it is returned to us in
accordance with this Agreement.
2.14 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The
Service does not support 0+ or operator assisted calling (including,
without limitation, collect calls, third party billing calls or calling
card calls). The Service may not support 311, 511 and/or other x11 (other
than certain specified dialing such as 911 and 411, which are provided for
elsewhere in this Agreement) services in one or more (or all) service
areas.
2.15 No Directory Listing. The phone numbers you obtain from us will not
be listed in any telephone directories. Phone numbers transferred from
your local phone company may, however, be listed. As a result, someone
with your phone number may not be able to utilize a reverse directory to
lookup your address.
2.16 Incompatability With Other Services.
(a) Home Security Systems. The Service may not be compatible with home
security systems. You may be required to maintain a telephone connection
through your local exchange carrier in order to use any alarm monitoring
functions for any security system installed in your home or business. You
are responsible for contacting the alarm monitoring company to test the
compatibility of any alarm monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem Services. You acknowledge that the
Service presently is not compatible with prior versions of the AOL
broadband service and there may be other services with which the Service
may be determined to be incompatible. You further acknowledge that some
providers of broadband service, other than MHC, may provide modems that
prevent the transmission of communications using the Service. We do not
warrant that the Services will be compatible with all broadband services
and expressly disclaim any express or implied warranties regarding the
compatibility of the Service with any particular broadband service.
3. CHARGES; PAYMENTS; TAXES; TERMINATION
3.1 Billing. When the service is activated, you must provide us with a
valid email address. If you pay by credit card it must be by a Credit Card
vendor we accept and do business with. We reserve the right to stop
accepting credit or debit cards from one or more issuers. If your credit
or debit card expires, you close your account, your billing address
changes, or your credit or debit card is cancelled and replaced on account
of loss or theft, you must advise us at once. We will bill all charges,
applicable taxes and surcharges monthly in advance (except for usage-based
charges, which will be billed monthly in arrears, and any other charges
which we decide to bill in arrears) to your credit or debit card,
including but not limited to:
activation fees;
monthly Service fees;
international usage charges;
advanced feature charges;
equipment purchases;
termination fees; and
shipping and handling charges.
The amount of such fees and charges shall be published on our website and
may change from time to time. Notification of monthly invoices will be
sent to you via your email address on file with us. We reserve the right
to bill at more frequent intervals if the amount you owe to us at any time
exceeds $50. Any usage charges will be billed in increments that are
rounded up to the nearest minute except as otherwise set forth in the rate
schedules found on our website.
3.2 Billing Disputes. You must notify us in writing within seven days
after receiving your credit or debit card statement if you dispute any
Mid-Hudson Cable charges on that statement or you will be deemed to have
waived any right to contest such charges. All notices of disputed charges
should be sent to:
Cable Phone
Customer Care Billing Department
Mid-Hudson Cablevision, Inc.
P. O. #399
Catskill, NY 12414
-or- cable@mid-hudson.com
3.3 Payment and Collection.
(a) Payment. Customers are billed in advance for all monthly services at
the start of the billing period. Billing periods start at different
dates during the month depending on the activation date. Payments are due
within 15 days of the billing date. If a payment is not received by the
end of the billing period, it will be considered past due and may be
subject to a late fee or charge.
(b) Collection. If your Service is terminated, you will remain fully
liable to us for all charges pursuant to this Agreement and any and all
costs we incur to collect such amounts, including, without limitation,
collection costs and attorney's fees.
3.4 Termination; Discontinuance of Service. We reserve the right to
suspend or discontinue the Service generally, or to terminate your
Service, at any time in our sole and absolute discretion. If we
discontinue the Service generally, or terminate your Service without a
stated reason, you will only be responsible for charges accrued through
the date of termination, including a pro-rated portion of the final
month's charges. If your Service is terminated on account of your breach
of any provision of this Agreement, you will be responsible for the full
month's charges to the end of the current term, including, without
limitation, unbilled charges, plus the termination fee, if applicable, all
of which will immediately become due and payable.
3.5 Taxes. You are responsible for all applicable federal, state,
provincial, municipal, local or other governmental sales, use, excise,
value-added, personal property, public utility or other taxes, fees or
charges now in force or enacted in the future, that arise from or as a
result of your subscription or use or payment for the Service or a Device.
Such amounts are in addition to payment for the Service or Devices and will
be billed to your credit card as set forth in this Agreement. If you are
exempt from payment of such taxes, you must provide us with an original
certificate that satisfies applicable legal requirements attesting to
tax-exempt status. Tax exemption will only apply from and after the date
we receive such certificate.
3.6 Termination Fee (Does Not Apply to Business Plus Customers). You will
be charged a termination fee of $39.99 per voice line if your Service is
terminated for any reason during the first twelve months following the
activation of your Service.
3.7 Money Back Guarantee; Limitations and Conditions.
(a) Residential and Small Business Customers. We offer a 30-day money back
guarantee from the date of activation of your Service (different periods
apply for Retail Customers depending on the applicable offer details
contained in the advertising or online content of the retail store or
dealer that sold the Retail Customer the Equipment). The money back
guarantee applies only to the first-ordered line per account, not to
additional or secondary lines. We will refund the activation fee, the
monthly charge for the first month of Service, shipping charges and the
termination fee provided that:
you have not exceeded 250 minutes of usage (500 minutes for Retail
Customers);
you cancel your Service within the applicable period;
you return the Device to us in original condition, normal wear and tear
excluded, within 14 days after the cancellation of your Service;
the Device is returned in the original packaging with the UPC or bar
code intact and is accompanied by all components, accessories, parts,
manuals, registration cards and other documentation; and
prior to returning the Device to us, you obtain a valid return
authorization number from our customer care department, which can be
reached at cm-csr@mid-hudson.com or 1-800-342-5400.
Federal excise taxes and any other applicable taxes cannot be refunded.
You will be responsible for any charges for international usage, payphone
calls to MHC toll free numbers and directory assistance. We reserve the
right to terminate or revoke this money back guarantee at any time,
without prior notice.
(b) Business Plus Money Back Guarantee. We offer Business Plus subscribers
a 30-day money back guarantee from the date of activation of Service. The
money back guarantee applies only to the first-ordered service package,
not to additional or secondary orders. We will refund the activation fee
and monthly charge for first month of Service provided that:
you have not exceeded 5,000 minutes of usage; and
you cancel your Service within the 30-day period.
Federal excise taxes and any other applicable taxes cannot be refunded.
You will remain responsible for any charges for international usage,
payphone calls to MHC toll free numbers and directory assistance. We
reserve the right to terminate or revoke this money back guarantee at any
time, without prior notice.
3.8 Payphone Charges. If you use our "Toll Free Plus" feature or any toll
free feature that we offer in the future, we will be entitled to recover
from you any charges imposed on us either directly or indirectly in
connection with toll free calls made to your number. We may recover these
amounts by means of a per-call charge, rounded up to the next cent, or in
such other fashion as we deem appropriate for the recovery of these costs.
***3.9 Charges for Directory Calls (411). We will charge you $0.99 for
each call made to MHC directory assistance. ***
4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 Limitation of Liability. We will not be liable for any delay or
failure to provide the Service, including 911 Dialing, at any time or from
time to time, or any interruption or degradation of voice quality that is
caused by any of the following:
an act or omission of an underlying carrier, service provider, vendor or
other third party;
equipment, network or facility failure;
equipment, network or facility upgrade or modification;
force majeure events such as (but not limited to) acts of God, acts of
nature, strikes, fire, war, riot, acts of terrorism and government
actions;
equipment, network or facility shortage;
equipment or facility relocation;
service, equipment, network or facility failure caused by the loss of
power to you;
outage of, or blocking of ports by, your ISP or broadband service
provider, other than MHC, or other impediment to usage of the Service
caused by any third party;
any act or omission by you or any person using the Service or Device
provided to you; or
any other cause that is beyond our control, including, without
limitation, a failure of or defect in any Device, the failure of an
incoming or outgoing communication, the inability of communications
(including, without limitation, 911 Dialing) to be connected or completed,
or forwarded.
Our aggregate liability under this agreement will in no event exceed the
Service charges with respect to the affected time period.
4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL MHC, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE
PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE
FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED
TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF
REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS
EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN
EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED
IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY
AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE
INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless MHC,
its officers, directors, employees, affiliates and agents and any other
service provider who furnishes services to you in connection with the
Service, from any and all claims, losses, damages, fines, penalties, costs
and expenses (including, without limitation, attorneys fees) by, or on
behalf of, you or any third party or user of the Service, relating to the
Services, including, without limitation, 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and
context are intended to survive the termination or expiration of this
Agreement shall survive.
4.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF
DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL
MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT
WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY,
INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA
OR INFORMATION. NEITHER MID-HUDSON CABLE NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR
WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH
THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR
TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS
TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES,
PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR
DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A
RESULT OF MHC'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE.
STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY
MID-HUDSON CABLE OR MID-HUDSON CABLE'S AGENTS OR INSTALLERS ARE
INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
4.5 Device Warranties (Does Not Apply to Business Plus Customers).
(a) Limited Warranty. Except as set forth herein, if you received the
Device new from us and the Device included a limited warranty at the time
of receipt, you must refer to the separate limited warranty document
provided with the Device for information on the limitation and disclaimer
of certain warranties. Remedies for breach of any such warranties will be
limited to those expressly set forth in such documentation.
(b) No Warranty. If your Device did not include a limited warranty from us
at the time of receipt, you are accepting the Device "as is". You are not
entitled to replacement, repair or refund in the event of any defect.
(c) Retail Customer Limited Warranty. For Retail Customers only, we will
provide a limited warranty on the Device as to manufacturing defects only
for a period of one (1) year from the date of purchase. This Retail
Customer limited warranty does not apply to any defect or failure other
than a manufacturing defect, and, without limiting the generality of the
foregoing, does not apply to any defect caused by damage in transit,
retailer handling or Retail Customer handling. A Retail Customer's sole
remedy for any breach of this Retail Customer limited warranty is to
obtain a repaired or replacement Device, by following the return
procedures set forth in Section 2.10. Retail Customer must include with
the returned Device a letter stating that the Retail Customer is returning
the Device for warranty repair or replacement and stating the nature of the
defect. The Retail Customer limited warranty will also apply in lieu of the
limited warranty included with the Device if such included limited warranty
is less favorable to Retail Customer than that contained herein.
(d) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH
IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER
LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF
MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF
DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY
FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS.
THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF
WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE
WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.
4.6 No Third Party Beneficiaries. No provision of this Agreement provides
any person or entity not a party to this Agreement with any remedy, claim,
liability, reimbursement, or cause of action or creates any other third
party beneficiary rights.
4.7 Content. You will be liable for any and all liability that may arise
out of the content transmitted by you or to any person, whether authorized
or unauthorized, using your Service or Device (each such person, a "User").
You shall assure that your and your User's use of the Service and content
comply at all times with all applicable laws, regulations and written and
electronic instructions for use. We reserve the right to terminate or
suspend your Services and remove your or your Users' content from the
Service, if we determine, in our sole and absolute discretion, that such
use or content does not conform with the requirements set forth in this
Agreement or interferes with our ability to provide Services to you or
others. Our action or inaction under this Section will not constitute any
review or approval of your or Users' use or content.
5. MISCELLANEOUS
5.1 Governing Law. The Agreement and the relationship between you and us
is governed by the laws of the State of New York without regard to its
conflict of law provisions. To the extent court action is initiated to
enforce an arbitration award or for any other reason consistent with
Section 5.2, you shall submit to the personal and exclusive jurisdiction
of the courts located within the state of New York and waive any objection
as to venue or inconvenient forum.
5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim between
you, any member of your household or any guest or employee of you and us
arising out of or relating to the Service or Device will be resolved by
arbitration before a single arbitrator administered by the American
Arbitration Association in accordance with its Commercial Arbitration
Rules. The arbitration will take place in Albany, New York. The
arbitrator's decision will follow the plain meaning of the relevant
documents, and will be final and binding. Without limiting the foregoing,
the parties agree that no arbitrator has the authority to: (i) award
relief in excess of what this Agreement provides; or (ii) award punitive
or exemplary damages. Judgment on the award rendered by the arbitrators
may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY
STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be
arbitrated individually. You shall not bring, or join any class action of
any kind in court or in arbitration or seek to consolidate or bring
previously consolidated claims in arbitration. THIS ARBITRATION PROVISION
CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE
SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, NEW York.
5.3 No Waiver of Rights. Our failure to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or
provision.
5.4 Entire Agreement. This Agreement, including any future modifications
as may occur within the terms of the Agreement, and the rates for Services
found on our website constitute the entire agreement between you and MHC
and govern the use of the Service by you, members of your household,
guests and employees. This Agreement supersedes any prior agreements
between you and MHC and any and all prior or contemporaneous statements,
understandings, writings, commitments, or representations concerning its
subject matter.
5.5 Severability. If any part of this Agreement is legally declared
invalid or unenforceable, all other parts of this Agreement will remain
valid and enforceable. Such invalidity or non-enforceability will not
invalidate or render unenforceable any other portion of this Agreement.
***6. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time to
time. Notices will be considered given and effective on the date posted on
www.mhcable.com. Such changes will become binding on you on the date they
are posted to our website and no further notice by us is required upon
your continued use of the Service. The Agreement as and when posted
supersedes all previously agreed to electronic and written terms of
service, including, without limitation, any terms included with the
packaging of the Device and also supersedes any written terms provided to
Retail Customers in connection with retail distribution, including,
without limitation, any written terms enclosed within the packaging of the
Device.
***7. PRIVACY
Mid-Hudson Cable Phone utilizes, in whole or in part, the public Internet
and third party networks to transmit voice and other communications. MHC
is not liable for any lack of privacy which may be experienced with regard
to the Service. Please refer to our Privacy Policy at www.mhcable.com for
additional information.
Last Updated: August 10, 2005.
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