Broadband Cable Internet Service Subscriber Agreement
Updated January 2017
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THE BROADBAND INTERNET SERVICE (THE "SERVICE"). YOUR USE OF THE SERVICE MEANS THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, WHICH WILL BE BINDING ON YOU. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST IMMEDIATELY STOP USING THE SERVICE AND NOTIFY MIDCONTINENT COMMUNICATIONS® THAT YOU ARE TERMINATING YOUR SERVICE. A PRINTED COPY OF THIS AGREEMENT IS AVAILABLE TO YOU AT ANY TIME FROM MIDCO®.
Midco cable internet service (the "Service") will be provided to you ("Customer") on the terms and subject to the conditions set forth in this Subscriber Agreement (the "Agreement") and in the Installation Checklist for the Service by Midco or one of its affiliates that owns and/or operates the cable television system in your area (collectively, "Midco").
(a) Required Equipment. In order to use the Service, your computer equipment and software (the "Customer Equipment") must meet the minimum requirements communicated by Midco to you from to time. Unless you update the Customer Equipment from time to time, it may cease to be adequate to access the Service, in which case your sole and exclusive remedy is to discontinue your use of the Service. Other equipment may be provided by Midco, including an Ethernet card, filter and wiring installed by Midco or its designee (the "Midco Equipment"). Customer represents that it owns the Customer Equipment or otherwise has the right to use the same in connection with the Service.
(b) Access to Customer's Premises. Customer authorizes Midco and its employees, agents, contractors, and representatives to enter Customer's premises (the "Premises") in order to install, maintain, inspect, repair and remove the Midco Equipment. All such services will be conducted at a time agreed to with Customer. If Customer is not the owner of the Premises, upon request, Customer will supply Midco with the owner's name and address, evidence that Customer is authorized to grant access to the Premises on the owner's behalf and (if needed) written consent from the owner of the Premises. Midco’s installers and technicians will not enter your home to perform work if a responsible adult is not present.
(c) Relocating Equipment. Customer will not relocate or tamper with the Midco Equipment. If Customer decides to move residences, Customer will contact Midco as provided in Section 11(a) for additional information concerning the procedures for transferring the Midco Equipment and Service to Customer's new residence, if available. Customer acknowledges that customer may incur additional charges for such relocation.
(d) Ownership of Midco Equipment. All Midco Equipment will at all times remain the property of Midco or its designee. Customer may not sell, transfer, lease, encumber or assign all or part of the Midco Equipment to any third party. Customer will take reasonable steps to protect the Midco Equipment. Customer shall pay to Midco the full manufacturer's suggested retail price for the replacement or repair of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Midco Equipment or part thereof, together with any incidental costs incurred by Midco relating to the replacement or repair of the Midco Equipment or part thereof in accordance with Section 4(c) herein.
(e) Backup Requirements. The installation, use, inspection, maintenance, repair and removal of the Midco Equipment may result in service outage or potential damage to Customer's computer and other Customer Equipment. Midco strongly recommends that Customer backs up all existing computer files prior to installation of the Service and Midco Equipment. Customer understands and assumes all risks associated with installation and maintenance of the Service and Midco Equipment as well as any failure by Customer to appropriately back up Customer's computer and other Customer Equipment. IN ANY EVENT, EXCEPT AS SET FORTH IN SECTION 1(G) BELOW, MIDCO SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF THE CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA.
(f) Non-Recommended Configuration. Midco has informed Customer of the recommended minimum computer hardware requirements for efficiently operating the Service (attached to this agreement). If Customer and Midco have agreed to proceed with the installation of the Service utilizing hardware that does not meet the recommended minimum computer hardware requirements (a "Non-Recommended Configuration"), Customer agrees that (i) Customer will not be entitled to customer support relating to any issues other than the quality of the signal delivered to Customer's cable modem, and (ii) the following limitations of liability shall apply: MIDCO DOES NOT REPRESENT OR WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE CUSTOMER TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, OR THAT ANY SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO THE CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE OR DATA. MIDCO DOES NOT ASSUME ANY LIABILITY WHATSOEVER FOR ANY DAMAGE OR FAILURE TO INSTALL, ACCESS OR USE THE SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set out in the remainder of this Agreement.
(g) Customer's Hardware and Software. Except for willful misconduct by Midco. Midco shall have no liability whatsoever for any damage, loss or destruction to any Customer Equipment. In the event of such willful misconduct by Midco, Customer shall notify Midco of such willful misconduct in writing within two weeks, and Midco shall pay for the repair or replacement of the damaged parts up to a maximum of $3,000, and such shall be Customer's sole remedy relating to such activity. MIDCO SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA. In addition, the opening of Customer's computer may void warranties provided by the computer manufacturer or other parties relating to the computer's hardware or software. Customer consents to the opening of the computer for the installation of the Ethernet card. MIDCO SHALL NOT HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
- Installation/End User Software Licenses
(a) Installation Process. Midco or its agents will supply and install the Midco Equipment. Instructions on how to use the Service will be provided online.
(b) File Modification. If the installation of an Ethernet card is required, it will be necessary to open Customer's computer. Midco does not represent, warrant or covenant that any modifications made to any Customer Equipment will not disrupt the normal operations of such Customer Equipment. For these and other reasons, Midco recommends and Customer agrees that Customer will back up all files in accordance with Section 1(e) prior to installation of the Service. If Customer does not back up all existing computer files, Customer understands and assumes the associated risks of such a decision. MIDCO SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE RESULTING FROM THE ABOVE OR OTHER FILE MODIFICATIONS.
(c) Viruses. Midco may, but is under no obligation to, run a third-party virus check software on Customer's computer prior to installation. Midco does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses. In addition, content downloaded from the Service could contain a virus or other harmful feature and it is Customer's sole responsibility to take appropriate precautions to protect Customer's computer from damage to its software, files or data as a result of any such virus or other harmful feature. If a virus or other harmful feature is detected, and Customer does not authorize Midco to attempt to remove the same, the installation of the Service will be discontinued. MIDCO SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE.
- Disclaimer of Warranties.
THE MIDCO EQUIPMENT AND SERVICE ARE PROVIDED BY MIDCO "AS IS," "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. MIDCO DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE MIDCO EQUIPMENT OR SERVICE. CUSTOMER'S SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRO RATA REFUND OF FEES ACTUALLY PAID BY CUSTOMER DURING THE 12-MONTH PERIOD PRECEDING SUCH INTERRUPTION. MIDCO DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A PARTICULAR PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPATIBILITY OR SYSTEM INTEGRATION ARE HEREBY DISCLAIMED AND EXCLUDED. Some states do not allow the exclusion of limitation of implied warranties, so the above exclusions or limitations may not apply to you.
- Payment Terms
(a) Monthly Service Fees. Customer agrees to pay the monthly service fees, plus applicable franchise fees and taxes, as set forth in the Price List attached to this agreement, as modified from time to time in accordance with the terms of this Agreement (the "Price List"). This fee covers both the monthly use of the Midco Equipment and the monthly fees for the Service. The fee for the first month of Service, together with applicable franchise fees and taxes, will be charged to Customer's Visa, MasterCard, or cable account at the time of installation. Thereafter, the Service fee together with applicable franchise fees and taxes will be invoiced monthly in advance.
(b) Installation Charges. The installation charge, plus applicable franchise fees and taxes, is as set forth in the Price List. At Midco's option, the installation charge, together with applicable franchise fees and taxes, will be charged to Customer's Visa, MasterCard, or cable account (i) at the time of installation, or (ii) in accordance with Midco's then-current billing policies.
(c) Agreement to Pay. Customer agrees to pay all installation charges and monthly Service fees, including applicable franchise fees and taxes, and cable modem rental fees, if any. Customer hereby authorizes Midco to charge Customer's Visa, MasterCard, or cable account for all such fees, charges and taxes, including costs set forth in Sections 1(d), 7(c) and 10 herein. Customer will promptly notify Midco of any changes to its credit card account, billing address or any other information that may prevent payment collection.
(d) Late Payments; Failure to Pay. If any payment due to Midco is not timely received, an administrative charge of up to $10 may be assessed and the Service may be disconnected. If the Service is disconnected, Customer may be required to pay a reconnect fee in addition to all past due charges before the Service is reconnected. Because it would be impractical or very difficult to ascertain or accurately estimate the damages suffered by Midco in the event the Customer pays less than the full amount of its account, Customer agrees that Customer and Midco have endeavored to fix fair compensation to Midco in the form of the administrative charge. Customer agrees that the amount of the administrative charge bears a reasonable relation to probable damages suffered by Midco, and is not disproportionate to any damages reasonably to be anticipated from the payment of less than the full amount of Customer’s account. Midco does not extend credit to its customers and the administrative charge is not interest, a credit service charge or a finance charge.
(e) Price Changes. Midco has the right to change its Service fees, installation charges and administrative charges at any time in accordance with the provisions of Section 11(b) below.
(f) Additional Charges. Customer acknowledges that Customer's use of the Services may result in Customer incurring charges in addition to those billed by Midco. For example, charges may be incurred as a result of accessing certain online services or purchasing or subscribing to certain other offerings. Customer agrees that all such charges, including all applicable taxes, are solely the responsibility of Customer and that Midco is not responsible for any charges or taxes you incur.
(g) Credit Inquiries. Customer authorizes Midco to make inquiries and to receive information about Customer's credit experience from others, enter this information in Customer's file, and disclose such information concerning Customer to appropriate third parties for reasonable business purposes.
(h) Billing Errors. Subject to applicable law, Customer must notify Midco of any billing errors or other requests for credit within six (6) months of when Service is provided.
Use and Disclosure of Information on Subscriber Use
(a) Subscriber Privacy Notice. Customer agrees that Midco may from time to time collect and disclose information as described in Section 5(b) below or in the Subscriber Privacy Notice found at Midco.com/Legal. The Subscriber Privacy Notice contains information pertaining to Customer's privacy rights provided under federal law and is incorporated herein by this reference.
(b) Collection of Information. Midco collects, uses and releases information on customer use of the Service as necessary to render the Service and to otherwise undertake legitimate business activities related to the Service. Midco may collect personally identifiable information on customer preferences which are reflected in the choices that a customer makes among the range of services offered as part of the Services, the time that the customer actually uses the Service, the menus and features used most often by the customer, and other information about a customer's "electronic browsing."
(c) Use of Information. Federal law permits the collection of information about customer use of the Service when it is necessary to provide the Service or to prevent unauthorized access to the Service or to customer data. Such customer information may also be used for other purposes with Customer's written or electronic consent. Collecting information contained in transmissions made by the customer through the Service directed at Midco, Internet websites, or other service providers to which access is provided as part of the Service, is necessary to provide the Service. Midco's detailed business records generally are used to help make sure customers are properly billed, to send customers pertinent information about the Service, to give Service recommendations, to improve the quality of the Service and for accounting purposes. Customer information is also used to help effectuate requests and orders placed by customers with advertisers, merchants and service providers; to understand customers' reactions to various features of the Service or the Internet; and to personalize the Service based on the interests of customers. Such information helps Midco optimize the Service, including the types of commercial communications that are addressed to customers over the Service. Such information also helps Midco to protect the Service and customers by allowing Midco to track any unauthorized access to the Service or to customer data.
(d) Confidentiality of Information. Midco considers the personally identifiable customer information that is collected to be confidential. Unless prior written or electronic consent is obtained, Midco will disclose to third parties personal information that Midco maintains related to customers only when it is necessary to deliver the Service to customers or carry out related business activities, in the ordinary course of business, for ordinary business purposes, and at a frequency dictated by Midco's particular business need. The types of persons to whom information about customers may be disclosed in the course of Midco's business include: Midco employees and the employees of Midco's related legal entities; agents; and billing and collection services. Midco reserves the right to disclose information to law enforcement agencies, a court or other tribunal as required by law or to protect Midco, the Service or the Midco Equipment.
- Prohibited Uses of the Service
Customer shall not use the Midco Equipment or the Service to, directly or indirectly:
(a) For Any Unlawful Purposes. Use of the Midco Equipment or Service for transmission or storage of any information, data or material in violation of any U.S. federal, state or local statute, order, regulation, ordinance or law is prohibited. This includes, but is not limited to, posting or disseminating content that is obscene, unlawful, child-pornographic, threatening, defamatory or which infringes the intellectual property or privacy rights of any person;
(b) Post, transmit or disseminate objectionable information, including, without limitations: Any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international statute, order, regulation, ordinance or law;
(c) Access: Any other person's computer, software, or data of any other person, without the knowledge and consent of such person;
(d) Impersonate Any Person or Entity: Or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Service; or email or otherwise transmit spam or any other unsolicited or unauthorized advertising or promotional materials;
(e) Copyright Infringement: Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner;
(f) Copy, Distribute or Sublicense: Any software provided by Midco except that Customer may make one copy of each software program so provided for backup purposes only;
(g) Service, Alter, Modify or Tamper with the Midco Equipment or Service: Or permit any other person who is not authorized by Midco to do the same;
(h) Restrict, Inhibit or Otherwise Interfere: With the ability of any other person to use or enjoy the Midco Equipment or the Service, including, without limitation, by posting or transmitting any information or software which contains a virus or other harmful feature; or by generating levels of traffic sufficient to impede others' ability to send or retrieve information;
(i) Knowingly Disrupt the Service
(j) Resell the Service or Otherwise Charge Others to Use the Service: The Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise in competition with the Service;
(k) Connect the Cable Modem to Any Computer Outside of the Customer's Premises: Midco reserves the right to immediately terminate this Agreement and the Service if Customer engages in any of the activities listed above or if Customer uses the Midco Equipment or Services in a way which is contrary to any other Midco policy, including, without limitation, its Acceptable Use Policy, a copy of which (along with all other policies) can be found at Midco.com/Legal, and each of which is incorporated herein by this reference. This Section 6 shall not in any way limit Midco's rights of termination pursuant to Section 7 of this Agreement. Customer agrees to indemnify and hold harmless Midco against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the activities listed above. This provision will survive termination of this Agreement.
- Termination and Expiration
(a) Termination by Customer. Following the first thirty (30) days of Service, Customer may terminate this Agreement for any reason at any time by providing Midco with separate written notice; or verbal notice by calling Midco Customer Service (1.800.888.1300) or in person at a Midco Customer Service Center of such termination no later than one (1) business day prior to the commencement of the next billing month. In the event of such a termination, fees and charges will accrue through the date of termination but all prepaid fees and charges for canceled Services will be refunded.
(b) Termination by Midco. Midco may terminate this Agreement immediately should Customer violate any of the terms of this Agreement. Midco may also terminate the Service for any other reason at any time by providing Customer with written notice of such termination no later than thirty (30) days prior to the date of termination. In the event Midco terminates the Service for any reason other than Customer's violation of this Agreement, fees and charges will accrue through the date of termination but all prepaid fees and charges for canceled Services will be refunded.
(c) Customer Obligations Upon Termination. Customer agrees that upon termination of this Agreement:
(i) Customer will pay Midco in full for Customer's use of the Midco equipment and Service up to the later of the effective date of termination of this Agreement and the date on which the Service and the Midco Equipment have been disconnected and returned to Midco. Customer agrees to pay Midco on a pro-rated basis for any use by Customer of the Midco Equipment or Services for a part of a month;
(ii) Customer will permit Midco, and its employees, agents, contractors, and representatives, to access Customer's premises during regular business hours to remove the Midco Equipment and other material provided by Midco. Such removal will be conducted at an agreed to time and in accordance with Section 1(b) herein; and
(iii) Customer will ensure the return of all Midco Equipment to Midco. If the Midco Equipment is not returned or is returned in damaged condition, Customer agrees that Midco may bill Customer for the charges referred to in Section 1(d) above.
(d) Retention of Rights. Nothing contained in this Agreement shall be construed to limit Midco's rights and remedies available at law or in equity. Midco reserves the right to delete all data, files, electronic messages or other information that is stored on Midco's servers or systems when Customer's account with Midco is terminated for any reason.
(e) Multiple Users. Customer acknowledges that Customer is executing this Agreement on behalf of all persons who use the Midco Equipment and/or Service through the Customer Equipment. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service and/or Midco Equipment by Customer or by any other user of the Customer Equipment. Customer agrees to indemnify and hold harmless Midco against all claims and expenses (including reasonable attorney fees) arising out of the use of the Service and/or Midco Equipment by any other user of the Customer Equipment. Customer is solely responsible for taking necessary precautions to protect itself and the Customer Equipment and Midco Equipment, software, files and data against any risks inherent in the use of the Service by multiple persons. Customer is solely responsible for protecting its account and password. Midco is not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of the Customer’s account with others, or Customer’s failure to take appropriate security measures.
(a) Responsibility for Content. Customer should be aware that there may be some content on the Internet or otherwise available through the Service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content that is pornographic or offensive, particularly for children. Midco is not responsible for the content contained on the Internet or otherwise available through the Service. All content accessed by Customer through the Service is accessed and used by Customer at Customer's own risk, and Midco shall not have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by Customer. In addition, Midco shall have no responsibility for the availability of content or of any website. Content or website questions or complaints should be addressed to the content or website provider.
(b) Posting of Content. Midco does not have any obligation to monitor transmissions made on the Service. However, Customer acknowledges and agrees that Midco has the right to monitor such transmissions from time to time and to disclose the same in accordance with Section 5 of this Agreement, in the manner described in the Subscriber Privacy Notice, and as otherwise required to satisfy any law, regulation or other government request. Midco reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this Agreement.
- Service Characteristics
(a) Eavesdropping. Midco's facilities are used by numerous cable and Service subscribers. As a result, there is a risk that Customer could be subject to "eavesdropping." This means that other cable and Service subscribers may be able to access and/or monitor Customer's use of the Service. This risk of eavesdropping exists not only with Midco's facilities, but also on the Internet and other services to which access is provided as part of the Service. Because of this risk, any sensitive or confidential information sent or received by Customer is sent or received at the Customer's sole risk, and Midco shall not have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by Customer.
(b) FTP/HTTP Service Setup. Customer should be aware that when using the Service to access the Internet or any other online network or service, there are certain applications, such as FTP (file transfer protocol) server or HTTP (hyper text transfer protocol) server, which may be used to allow other Service users and Internet users to gain access to Customer's computer. If Customer chooses to run such applications, Customer should take the appropriate security measures. Midco shall not have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such applications by Customer, including without limitation, damages resulting from others accessing Customer's computer.
(c) File and Print Sharing. The Service functions as a local area network (LAN) in that each Customer is a node on the network. As such, users outside the Customer's home may be able to access the Customer's computer. Some software includes capabilities that permit other users across a network such as the Service and the Internet to gain access to the Customer's computer and to the software, files and data stored on the computer. For example, certain operating systems include file sharing and print sharing capabilities which, when enabled, will permit other users to gain access to the Customer's computer even if the Customer is not using the Service. Midco therefore recommends that the Customer connect only a single computer to the Service and that the Customer disable file and print sharing and other capabilities that allow users to gain access to the Customer's computer. Any Customer who chooses to participate in the Service using other than a single computer or who chooses to enable capabilities such as file sharing, print sharing, or other capabilities that allow users to gain access to the Customer's computer, hereby acknowledges and agrees that the Customer does so at the Customer's own risk, and that Midco shall not have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such use by the Customer.
- Limitation of Liability
(a) 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 Service and/or the Midco Equipment, 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 Midco Equipment or Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Midco Equipment or Service; 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 Midco Equipment or Service, 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.
(b) The limitations set forth in this Section 10 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.
(c) 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 hereunder exceed the amount paid by Customer for the Service in the 12 months preceding the claim.
(a) Contact Address. For any inquiries or notices required in connection with this Agreement, Customer should contact Midco via email at Midco.com/Contact or in writing at Midco, P.O. Box 5040, Sioux Falls, SD 57117-5040. Customer agrees to receive any notices required in connection with this Agreement by e-mail or other electronic delivery method via the Service.
(b) Amendment. Midco may, in its sole discretion, change, modify, add or remove portions of this Agreement, and the Service provided thereunder, at any time. Midco will notify Customer of any such changes by posting conspicuous notice of such changes on the Service, or sending notice via e-mail, postal mail or other means. Customer's continued use of the Service following notice of such change shall be deemed to be Customer's acceptance of any such modification. If Customer does not agree to any such modification, Customer must immediately stop using the Service and notify Midco that Customer is terminating this Agreement in accordance with Section 7(a) of this Agreement. Customer will then be entitled to a refund of any unused portion of any monthly Service fee that has been paid in advance.
(c) Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of South Dakota. Customer hereby agrees to venue any dispute hereunder in the courts of South Dakota and hereby submits to the personal jurisdiction of South Dakota. Subject to Sections 5 1(g) and 4(h), Customer may not bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
(d) Assignment. Midco may assign or transfer its rights and obligations under this Agreement at any time, upon written notice to Customer. Customer may not assign or otherwise transfer any rights or obligations under this Agreement at any time.
(e) General. This Agreement and the policies referenced herein (as the same are amended from time to time) constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. 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 the provisions shall remain in full force and effect. Midco'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 provisions of this Agreement. This Agreement is for the sole benefit of Customer; no third party shall have any rights hereunder.
Midco and the Midco logo are registered trademarks of Midcontinent Communications. All other brand names used herein are the marks of their respective owners.