Video Subscription Terms and Conditions
Updated November 2023
By subscribing to Midcontinent Communications® ("Company" or "Midco®") video service, you agree to the following Terms and Conditions:
- Services are billed in advance. Payment for services and equipment is due on or before the date stated on the front of this statement. Rates may be adjusted consistent with terms and conditions of the applicable federal law. NOTE: Please allow six (6) days for mail delivery and payment posting.
- The Company reserves the right to interrupt the service and/or impose a late payment fee if payment is not received by the due date on your statement.
- The Company reserves the right to disconnect service if payment is not made when due. If an employee or contractor is dispatched to disconnect service as a consequence of non-payment and payment is made to the above employee or contractor to avoid service interruption, then the company reserves the right to impose a service charge for this courtesy.
- The Company reserves the right to impose a charge for checks returned by the bank to us as unpaid up to the maximum allowed by state law. Returned checks that remain unpaid after notice and a reasonable period for response may be submitted to the State’s Attorney for action which may include prosecution.
- Company employees and agents shall be allowed reasonable access to your premises to install, inspect, maintain or disconnect services or equipment.
- Equipment provided by the Company remains the property of the Company, its agents or assignees. You agree to pay the Company: a) A charge for any Company equipment damaged by you and/or not returned to the Company as reflected in the current price guide, and b) Any and all reasonable costs of collection or other action necessary to collect the money you owe us, including, but not limited to the costs of a collection agency, attorney fees and court costs. c) Upon terminating service for any reason, you are responsible for the safe return of Company property.
- Any disputes or queries pertaining to the information presented on this statement should be forwarded to the Company in writing sixty (60) days of receipt of this statement.
- Any unauthorized attachments to the Company’s equipment, or tampering with the Company’s equipment, or unauthorized use of the Company signals, may expose you to local, state and/or federal penalties.
- This agreement and the service furnished hereunder is not assignable by customer without the prior written consent of the Company. Customer shall notify the Company of any change of occupancy or ownership of the premises immediately upon such transfer of ownership or tenancy.
- Customer acknowledges and agrees that the Company has the right at any time to preempt, without prior notice, specific programs or services advertised as available to customer and to determine what substitute programming, if any, shall be made available. The Company may at its discretion make additions, deletions or modifications to its current program line-up without liability to Customer.
- This agreement and the service provided hereunder may be terminated: a) By the Company, at any time, without prior notice (i) if the customer fails to comply in full with all the terms herein; or (ii) if Company loses the right or ability to use public right-of-way necessary to serve Customer; or b) By Customer, at any time, upon separate written notice to the Company; or verbal notice by calling Midco® Customer Service (1.800.888.1300) or in person at a Midco Customer Service Center provided all the Company equipment (including remote control units) are made available by Customer for removal by Company, or are returned to Company by the Customer. In the event of termination by the Company, any restoration of Service shall be solely at Company’s discretion and on such terms as the Company shall determine are necessary to resume Service on a commercially reasonable basis.
- Company makes no warranty, either express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, as to any goods or services provided under this agreement. In no event, including in the case of a claim for negligence, shall Company be liable for incidental, special, exemplary or consequential damages from whatever cause, including but not limited to loss of business or wages.
- Residential Customers agree not to use the programming furnished under the service except for home use on Midco provided equipment or Midco approved devices .
- Customer agrees to pay all taxes, including, but not limited to, all sales, excise, real, and personal property taxes which may be levied or imposed by any government entity with respect to Customer’s property or service.
- If any provision of this agreement is determined to be illegal or unenforceable by a court of competent jurisdiction, such provision shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this agreement. If any provision of this Agreement conflicts with a provision of an applicable ordinance or other government regulation, the provision in such ordinance or regulation, to the extent of such conflict, shall apply.
FCC, Cable Services Bureau, Consumer Protection Division,
1919 M St. NW,
Washington, D.C. 20554
FCC Phone number: 202.416.0856
Call Before You Dig: There may be underground utility cables located in your yard. Digging into an underground cable line, phone line, electric cable, gas line or water and/or wastewater line could result in serious personal injury, service interruptions, property damage or pollution of the environment. If utility lines are cut you may be liable for charges.
Please call the number for your state to locate underground utility cables:
- South Dakota: 1.800.781.7474
- North Dakota: 1.800.795.0555
- Minnesota: 1.800.252.1166
- Nebraska: 1.800.331.5666
Additional Terms Applicable to the MidcoTV app
By downloading, installing, or using any MidcoTV or Midco-branded software, as updated from time to time ("Software"), you acknowledge that you have read these terms and conditions (the “Agreement”), understand it, and agree to be bound by its terms. If you do not understand or agree to the terms and conditions of the Agreement: (1) you must not download, install, or use the Software; and (2) if the Software is already installed, you must uninstall the Software.
The terms and conditions are a legal agreement between you and members of your immediate household for whom you will be responsible hereunder (referred to as "you" or "your") and Midcontinent Communications d/b/a Midco (“Midco”).
- User Eligibility and Registration.
- Eligibility and Registration. In order to use some Software, you must know your Midco MyAccount email address and password. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Midco MyAccount. However, if you allow others to access your Midco MyAccount, this Agreement, as well any specific consents you may have provided to us, also applies to their access, use, and disclosure of information. You agree to immediately notify us of any unauthorized access to your Midco MyAccount. We will not be responsible for any losses arising from the unauthorized use of your Midco MyAccount. Midco, in its sole discretion, shall determine which features and functionality of the MidcoTV services to make available through the Software, and you acknowledge and agree that Midco can change this availability at any time with no notice to you. Additionally, your use of certain features of the Software, may be subject to additional terms and conditions.
- Access and Age Limitations. Only residents of the United States are eligible to register for a Midco MyAccount. If you are under the age of 13, you are not permitted to register for a Midco MyAccount. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register for a Midco MyAccount, but only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf, and for clarity, you may only modify an account with the consent of your parent or guardian.
- Notices. Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services. For clarity, you consent to receive electronic communications from the Services you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
- Subscription Terms.
- Grant of a Limited License. Subject to the terms and conditions set forth herein, Midco hereby grants to you, and you hereby accept, a revocable, personal, limited, non-transferable, non-assignable, and non-exclusive license to download, install, and use the Software, in object code form only, on any computer, mobile device, TV-connected device, or other approved streaming device that you own, solely in accordance with the terms and conditions and for the purpose of accessing and using certain features and functionality of the MidcoTV or Midco branded websites, web services, and applications that link to this agreement.
- No Ownership Rights. You have no ownership rights in any Software. Rather, you have the limited license granted above to use the Software as long as this agreement remains in full force and effect. Except for the limited license granted to you, all other intellectual property rights in the Software, including ownership of the Software, shall remain at all times with Midco and/or its licensors. Any use of Software by any other person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
- Third-Party Content. You acknowledge and agree that you are solely responsible for all content and information accessed through the Software, and that Midco has no liability for content or information available through the Software that you find offensive, indecent, or objectionable. For instructions on how to access and utilize parental controls within the Software visit midco.com/support/midcotv/parental-controls/.
- Restrictions and Requirements.
As a condition of the limited license for the Software you may not:
(i) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof;
(ii) reverse engineer, decompile, translate, adapt, disassemble or otherwise reduce the Software to human readable form;
(iii) attempt to create the source code from the object code for the Software;
(iv) transmit the Software over any network or between any devices (i.e., computers or mobile devices), although you may use the Software to make transmissions of other materials;
(v) make any third-party software contained in the Software a stand-alone product;
(vi) use the Software in an attempt to circumvent, or in conjunction with any device, program, or service designed to circumvent, technological measures employed to control access to, use of, or the rights in, a content file, service, or other work protected by the copyright laws of any jurisdiction
(vii) sublicense, rent, lease, or assign the Software
(viii) remove any proprietary notices, marks, or labels on the Software; or
(ix) export, import, or re-export the Software in violation of any applicable law, rule, or regulation of any jurisdiction.
As a condition of the limited license, you may only use the Software:
(i) to transfer the Software to other computers or mobile devices you own, but you may not distribute or make it available over a network for use by multiple devices simultaneously. This transfer should be within the limit authorized by Midco;
(ii) for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a use of the Software for which no fee or consideration of any kind is charged or received, and which takes place within your private premises (e.g. your home or apartment). Non-Commercial, Private Use specifically excludes any public performance such as displaying the content in a common area accessible by other persons and any performance by a commercial establishment (e.g., a bar or restaurant), even if no fee is charged. Companies, commercial establishments, associations and other groups may not register for a Midco MyAccount or use the Services; or
(iii) in a manner that complies with all applicable laws in the jurisdictions in which you use the Software, including but not limited to applicable restrictions concerning copyright and other intellectual property rights.
- Disclaimer of Warranties. You acknowledge and agree that the Software, including all content contained therein or accessed thereby, is provided on an “as is” and “as available” basis, and that your use of or reliance upon the application and any third-party content and services accessed thereby is at your sole risk and discretion. Midco and its collaborators, suppliers, and licensors, hereby disclaim any and all representations, warranties, and guaranties regarding the software and third party content and services, whether oral, express, implied, or statutory, and whether arising by law, statute usage of trade, custom, course of dealing, or performance of the parties, or the nature or context of this license, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality, and non-infringement, and their equivalents under the laws of any jurisdiction. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE MIDCOTV PARTIES DO NOT WARRANT THAT THE CONTENT OR THE SERVICES WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE MIDCOTV PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS.
- Support. If you have questions regarding your use of the Software, please visit Midco.com/contact for contact information.
- Additional Terms Incorporated by Reference. You acknowledge and agree that the general legal terms from the Midco Acceptable Use Policy (AUP), Subscriber Privacy Notice, Internet Subscriber Agreement, and TiVo End User License Agreement Terms are incorporated herein by reference and apply to your download, installation, and use of the Software. Midco reserves the right to modify these general legal terms from time to time, with or without any notice to you, though we will use reasonable efforts to provide notice to you of any modifications. By continuing to use the Software after Midco has modified the agreement or general legal terms, you agree to accept and be bound by these modifications. In the event of any conflict between Midco’s Acceptable Use Policy (AUP) and this agreement, the terms of this agreement shall control, solely with respect to the conflicting provisions and solely with respect to your use of the Software.
- Changes and Updates to Agreement. Midco may terminate or modify any feature or part of the Software at any time without notice. Midco may also revise and update this Agreement at any time in its sole discretion by posting an updated Agreement on the Software. All such changes to the Agreement are effective immediately when posted to the Software and apply to all access to and use of the Software (including orders placed on the Service) thereafter. Your continued use of the Software following the posting of such revised Agreement constitutes your acceptance and agreement to the changes which are binding on you.
- Suspension and Termination.
- Suspension. You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services, and to any Content if we believe you are using or have used the Services in violation of this Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your Midco MyAccount for cause, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your Midco MyAccount has been created fraudulently, your Midco MyAccount has been accessed fraudulently, or anyone uses your Midco MyAccount to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, but are not required, to terminate any Midco MyAccount that remains inactive for an extended period of time, e.g., more than one year (failure to log in to your Midco MyAccount will constitute inactivity for purposes of this Agreement). You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Midco MyAccount or the Content.
- Termination. This Agreement is effective starting on your first download, installation, or use of any Software and remains in effect until terminated. You may terminate this Agreement at any time by deleting all copies of the Software and associated documentation in your possession or under your control. This Agreement will terminate: (a) upon the later of termination of your Midco residential services; or (b) if Midco finds that you have violated any of the terms of this Agreement. Upon termination, you agree to delete all copies of the Software and documentation and, upon Midco's request, to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to proprietary rights shall survive the termination of this Agreement.
- Limitation of Liability. Unless otherwise specifically provided in this Agreement or otherwise prohibited by law, Midco will not have any liability to Customer or to any third party for: (i) any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities, loss of data and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the Software, or the use or inability to use the same, including, without limitation, any damage resulting from or arising out of Customer's reliance on or use of the Software, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Software; and (ii) any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any allegation, claim, suit or other proceeding based upon a contention that the Software, or the use thereof infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
The limitations set forth in this Section shall extend and apply to the acts, omissions, and negligence of Midco (and their respective officers, employees, agents, contractors or representatives) which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine.
Customer's sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Some states do not allow the limitations or exclusion of incidental or consequential damages, so such limitations or exclusions may not apply to you. However, in no event shall any damages, losses and causes of action hereunder exceed one thousand U.S. Dollars (US $1,000).
- Additional Terms.
- Class Action Waiver. To the fullest extent permitted by law, all parties to this Agreement waive their right to participate in any class action lawsuit or class-wide arbitration against each other. Any disputes or claims arising under or in connection with this Agreement shall be resolved on an individual basis, and the parties expressly agree that no class or representative actions will be pursued.
- Governing Law. This Agreement and any disputes arising from or related to it shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be filed in a state or federal court located within the State of South Dakota, and the parties hereby consent and submit to the personal jurisdiction and venue of such courts for the purpose of litigating any such dispute.
- Severability. Any provision of this Agreement held or determined by a court (or other legal authority) of competent jurisdiction to be illegal, invalid or unenforceable in any jurisdiction shall be deemed separate, distinct and independent, and shall be ineffective only to the extent of such holding or determination without (a) invalidating the remaining provisions of the Agreement in that jurisdiction or (b) affecting the legality, validity or enforceability of such provision in any other jurisdiction.
- Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
- Entire Agreement. This Agreement and the provisions referenced herein, along with any agreements or policies that are incorporated herein by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.