The cable service operating subsidiary or affiliate
of Comcast Cable Communications, Inc. serving your municipality
("Comcast") will provide Comcast High-Speed Internet Service (the
"Service") to customer ("Customer") on the terms and
conditions set forth below. Comcast may use third party providers for certain
aspects of the Service (the "Underlying Providers"). By using the
Service, you agree to be bound by the terms and conditions of this Agreement.
1.
EQUIPMENT
a. Comcast Equipment:
Customer may either rent or purchase a cable modem from Comcast directly. In
some locations, customers may have the option of purchasing a DOCSIS-compliant
standard modem either from Comcast or from a third party. Any cable modem or
Ethernet card rented from Comcast, as well as any wiring installed by Comcast
(including passive and active devices) up to the point twelve inches from where
the wiring enters Customer's Premises, shall at all times remain the property
of Comcast or its designee ("Comcast Equipment"). Comcast may, at its
option, provide Customer with new or reconditioned Comcast Equipment. Customer
may not sell, transfer, lease, encumber or assign all or any part of the
Comcast Equipment.
b. Maintenance of Comcast Equipment: Comcast shall
during the time of this Agreement repair and maintain all Comcast Equipment.
Customer agrees that Comcast Equipment shall not be serviced by anyone other
than Comcast employees or agents and that Customer shall not relocate, tamper
with or modify any Comcast Equipment or the Service installation.
c. Access to Customer's Premises: Customer grants
to Company the right, at reasonable times and upon reasonable notice, to enter
upon the Premises for purposes of connecting, disconnecting, inspecting,
repairing, replacing in whole or in part, updating and/or removing any Comcast
Equipment and the Service. Comcast shall have the option of removing any or all
of the Comcast Equipment during or after its relationship with the Customer,
but Comcast shall not have the obligation to do so. Customer warrants that (s)he is the owner or a tenant of the Service address and that
(s)he is authorized to grant access to the Premises. Subscriber agrees to
indemnify and hold Comcast harmless from any claim resulting from a breach of
this warranty.
d. Customer Equipment and Software:
i. Customer understands
and agrees that use of the Service requires certain equipment provided by the
Customer such as a personal computer and an appropriate operating system
("Customer Equipment"). Customer represents that (s)he
owns the Customer Equipment or otherwise has the right to use it in connection
with the Service. Customer agrees to connect only Comcast (or its Underlying
Providers') approved equipment to the Service.
ii. Customer shall have sole responsibility for
protecting all Customer Equipment and software from loss or damage including,
but not limited to, power surges, lightning, fire, flood and acts of God.
iii. The installation, use, inspection,
maintenance, repair and removal of the Comcast Equipment may result in Service
outages or potential damage to Customer Equipment. If Customer does not back-up
all existing computer files by copying them to another storage medium prior to
such activities, Customer understands and accepts the associated risks of such
a decision.
iv. Except for gross negligence or willful
misconduct neither Comcast nor its Underlying Providers shall have any
liability whatsoever for any damage, loss or destruction to Customer Equipment,
peripherals, software or data. In the event of gross negligence or willful
misconduct by Comcast, Comcast shall pay for the repair or replacement of the
damaged Customer Equipment up to a maximum of One Thousand Five Hundred
($1,500.00) Dollars which shall constitute Customer's sole remedy relating to
such activity. NEITHER COMCAST NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY
LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE,
COMPUTER PERIPHERALS, FILES OR DATA.
v. If the Customer purchases its own cable modem,
the cable modem must meet the DOCSIS compatibility requirements established by CableLabs¨, Comcast and the Underlying Providers from time
to time. Comcast reserves the right to provide service only to the extent that
Customer utilizes a cable modem compatible with the Service. Further, Customer
acknowledges that the use of the Service may periodically require updates
and/or changes to the software resident in the Comcast cable modem or in the
Customer-supplied cable modem, as the case may be. Such updates and changes may
be performed remotely or on-site by Comcast and/or its Underlying Providers at
their sole option. Customer hereby consents to such updates which will be performed
as deemed necessary by Comcast and/or its Underlying Providers with or without
notice to Customer.
2.
INSTALLATION AND USE
a. Installation Process: If Customer rents Comcast
Equipment, Comcast or its agent will supply and install Comcast Equipment and a
connection to the Service, or Comcast may at its
option permit Customer to self-install such rented Comcast Equipment. If
Customer purchases a DOCSIS-compliant modem and associated equipment from
Comcast or a third party, Comcast or the third party may provide installation
instructions for Customer to self install and connect the equipment. Customer
shall follow all self-installation instructions and assumes sole responsibility
with respect to self installation. WITHOUT LIMITING THE FOREGOING, IN NO EVENT
SHALL COMCAST OR ANY UNDERLYING PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF
ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY (INCLUDING
DEATH) OR DAMAGE TO PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF THE
INSTALLATION OR CONNECTION OF SUCH EQUIPMENT BY CUSTOMER.
b. File Modification: If the installation of an
Ethernet card is required, it will be necessary to open Customer's computer. As
part of the installation process for the software, system files on Customer's
computer may be modified. Neither Comcast nor its Underlying Providers
represents, warrants, or covenants that such modifications will not disrupt the
normal operations of Customer's computer. For these and other reasons, Comcast
recommends that Customer back-up all files prior to installation of the
Service. If Customer does not back-up all existing computer files, Customer
understands and accepts the associated risks of such a decision such as loss of
files, software or data. EXCEPT AS SET FORTH IN SECTION 1(d)(iv), NEITHER
COMCAST NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR
ANY DAMAGE RESULTING FROM FILE MODIFICATIONS.
c. Viruses: Comcast may run a
third party virus check software on Customer's computer prior to
installing software on Customer's computer. Comcast does not represent, warrant
or covenant that the virus check software will detect or correct any or all
viruses. In addition, software or other content downloaded from the Service can
contain viruses or other harmful features and it is Customer's sole
responsibility to take appropriate precautions to protect Customer's computer,
software, files and data from damage as a result of any such virus or other
harmful feature. If a virus or other harmful feature is detected and not
eradicated to Comcast's satisfaction by Customer then Comcast may immediately
terminate the Service. NEITHER COMCAST NOR ITS UNDERLYING PROVIDERS SHALL 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.
d. End User Licenses: Customer agrees to comply
with the terms and conditions of all end user license agreements accompanying
any software or plug-ins to such software distributed in connection with the
Service. All end user licenses supplied by Comcast or its Underlying Providers
will terminate at such time as the Service is terminated by Customer or
Comcast.
3. LIMITED
WARRANTY
EXCEPT AS OTHERWISE SET FORTH IN ANY USER LICENSE
AGREEMENT REFERENCED IN SECTION 2 ABOVE, COMCAST EQUIPMENT AND THE SERVICE ARE
PROVIDED BY COMCAST AND ITS UNDERLYING PROVIDERS "AS IS" WITHOUT
WARRANTY OF ANY KIND. NEITHER COMCAST NOR ITS UNDERLYING
PROVIDERS WARRANTS UNINTERRUPTED OR ERROR FREE USE OR OPERATION OF THE COMCAST
EQUIPMENT, CUSTOMER EQUIPMENT OR THE SERVICE. CUSTOMER'S SOLE REMEDY FOR
CLAIMS ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE SHALL
BE LIMITED TO A PRO RATA CREDIT OF MONTHLY SERVICE CHARGES TO BE APPLIED
AGAINST FUTURE MONTHLY SERVICES HEREUNDER UPON TIMELY CUSTOMER REQUEST AND
COMCAST VERIFICATION. NEITHER COMCAST NOR ITS UNDERLYING PROVIDERS WARRANTS
THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN
UNCORRUPTED FORM, AT ANY MINIMUM SPEED OR WITHIN A REASONABLE PERIOD OF TIME.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED.
4. PAYMENT
TERMS
a. Agreement to Pay: Customer agrees to pay all
applicable charges, fees and taxes ("Service Fees"). The timing of
the assessment of Service Fees will be determined in the sole discretion of
Comcast. If Comcast has agreed to charge Customer's credit card or debit card
for the Service Fees (as opposed to billing the Customer for payment in cash,
by check or money order), Customer authorizes Comcast to charge Customer's
credit card and debit card for all such Service Fees. As applicable, Customer
agrees to provide to Comcast updated credit card and debit card information on
a timely basis prior to the expiration or termination of the credit card or
debit card on file with Comcast or in the event that Customer's credit card
limit or debit card balance is or will be insufficient to cover payment. Upon
termination of Service and return of all Comcast Equipment undamaged, normal
wear and tear excluded, Customer will be credited on a pro rata basis for any
monthly Service Fees prepaid and unused.
b. Late Payments, Failure to Pay: If any payment is
not timely received, or if Comcast is unable to charge Customer's credit card
or debit card due to invalid credit card or debit card information or due to
insufficient credit or funds, an administrative charge 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. The administrative charge is intended to be a reasonable
advance estimate of the costs resulting from Customer's late payments and
non-payments as it would be difficult to determine the costs associated with
any particular late payment or non-payment. Payments are expected to be paid in
full when due. Comcast does not extend credit to Customers and the
administrative charge is not intended as interest, a credit service charge or a
finance charge. No acceptance of partial payment shall constitute a waiver of
Comcast's right to collect the full balance owing.
c. Additional Charges: The Service will allow
Customer to access the Internet, online services and other commercial sites.
Customer acknowledges that (s)he may incur charges for goods or services
purchased online in addition to those billed by Comcast and agrees that all
such charges, including all applicable taxes are Customer's sole
responsibility.
d. Credit Inquiries: Customer authorizes Comcast to
make inquiries and to receive information about Customer's credit experience
from others, to enter this information in Customer's file, and disclose such
information concerning Customer to appropriate third parties for reasonable
business purposes.
e. Billing Errors: Unless otherwise provided by
applicable law, Customer must notify Comcast of any billing errors or other
requests for credit within ninety (90) days of receipt of the disputed bill,
and any claims not made within said ninety (90) days, shall be deemed waived.
5.
COLLECTION, USE AND DISCLOSURE OF INFORMATION ON SUBSCRIBER USE
a. Collection of Information: Comcast collects, uses and releases information on Customer use of
the Service as necessary to render the Service, to otherwise undertake
legitimate business activities related to the Service and to comply with law.
Comcast may collect information in accordance with applicable law concerning
Customer's use of the Service and customer preferences which are reflected in
the choices that a customer makes among the range of services offered as part
of the Service, 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."
b. Use of Information: Collecting information
contained in transmissions made by Customer through the Service directed at
Comcast, its Underlying Providers, Internet web sites, or other service
providers to which access is provided as part of the Service, is necessary to
provide the Service. Comcast's detailed business records generally are used to
help make sure customers are properly billed; to send customers pertinent
information about the Service; and for accounting purposes. Customer
information is also used to execute requests and orders placed by customers
with advertisers, merchants, and other 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 Comcast improve the Service and uncover unauthorized access to the
Service or Customer data and may be provided to law enforcement agencies in the
event of such unauthorized access.
c. Confidentiality of Information: Comcast
considers the personally identifiable Customer information that is collected to
be confidential. Comcast will disclose to third parties personally identifiable
information that Comcast 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 Comcast's particular business need, or pursuant
to a court order or order of any regulatory body having jurisdiction over
matters which are the subject of this Agreement. Additional information
regarding disclosure of personally identifiable information is described in the
Privacy Statement which can be accessed through the Comcast High-Speed Internet
Service home page.
6.
PROHIBITED USES OF THE SERVICE
a. Customer shall not use the Comcast Equipment or
the Service, directly or indirectly, for any unlawful purpose. Use of the
Comcast Equipment or Service for transmission or storage of any information,
data or material in violation of any
b. In addition, Customer agrees not to:
i. post, transmit or
disseminate objectionable information, including, without limitation, any
transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local,
federal or international law, order or regulation;
ii. access any other
person's computer, software, or data of any other person, without the knowledge
and consent of such person; iii. upload, post, publish, transmit, reproduce,
create derivative works from, or distribute in any way, information, software
or other material through the Service which is protected by copyright or other
proprietary right, without obtaining permission of the owner;
iv. copy, distribute or sublicense any software
provided by Comcast or its Underlying Providers, except that Customer may make
one copy of each software program for back-up purposes only;
v. service, alter, modify
or tamper with the Comcast Equipment or Service or permit any other person to
do the same that is not authorized by Comcast or its Underlying Providers;
vi. restrict, inhibit or otherwise interfere with
the ability of any other person to use or enjoy Comcast equipment or services,
including, without limitation, posting or transmitting any information or
software which contains a virus or other harmful feature, or generating levels
of traffic sufficient to impede others' ability to send or retrieve
information;
vii. knowingly disrupt the
Service;
viii. RESELL THE SERVICE
OR OTHERWISE CHARGE OTHERS TO USE THE SERVICE, IN WHOLE OR IN PART, DIRECTLY OR
INDIRECTLY, OR ON A BUNDLED OR UNUNBUNDLED BASIS. UNLESS YOU ARE SUBJECT TO A
SERVICE PLAN THAT EXPRESSLY PERMITS OTHERWISE, THE SERVICE IS TO BE USED SOLELY
IN A PRIVATE RESIDENCE; LIVING QUARTERS IN A HOTEL, HOSPITAL, DORM, SORORITY OR
FRATERNITY HOUSE, OR BOARDING HOUSE; OR THE RESIDENTIAL PORTION OF A PREMISES
WHICH IS USED FOR BOTH BUSINESS AND RESIDENTIAL PURPOSES. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, THE SERVICE IS FOR PERSONAL AND NON-COMMERCIAL USE
ONLY AND CUSTOMER AGREES NOT TO USE THE SERVICE FOR OPERATION AS AN INTERNET
SERVICE PROVIDER, A SERVER SITE FOR FTP, TELNET, RLOGIN, E-MAIL HOSTING,
"WEB HOSTING" OR OTHER SIMILAR APPLICATIONS, FOR ANY BUSINESS
ENTERPRISE, OR AS AN END-POINT ON A NON-COMCAST LOCAL AREA NETWORK OR WIDE AREA
NETWORK; or
ix. connect the Comcast
Equipment to any computer outside of the Customer's Premises.
c. Comcast 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 Comcast Equipment or Services
in a way which is contrary to any other Comcast or its Underlying Providers'
policy. Copies of such policies are available as described in Section 6(d) and
at such other websites as may be specified by Comcast or its Underlying
Providers from time to time. The provisions of this Section 6 shall not in any
way limit Comcast's rights of termination pursuant to Section 7(a) of this
Agreement. Customer agrees to indemnify and hold harmless Comcast against all
claims and expenses (including reasonable attorney fees) resulting from
Customer engaging in any of the activities described in Sections 6(a) and (b)
and such indemnification obligation shall survive the termination of this
Agreement.
d. The Comcast Acceptable
Use Policy (the "Acceptable Use Policy") can be found at http://www.comcast.net/terms/use.jsp
(or at the applicable successor URL) or by clicking on the member services
button on the Comcast High-Speed Internet service home page. The Acceptable Use
Policy, which is incorporated herein by reference, applies to the Service and
may, in fact, limit the use of the Service. Customer expressly understands and
agrees that the Acceptable Use Policy may be updated from time to time by
Comcast with or without notice to the Customer, and any such revised version of
the revised Acceptable Use Policy shall be posted to the foregoing websites.
The Customer should consult the Acceptable Use Policy regularly to ensure that
Customer's activities conform to the most recent version of that policy.
Comcast may terminate Customer's Service immediately for violation of such
policies.
7.
TERMINATION
This Agreement and Service provided hereunder may
be terminated:
a. by Comcast:
i.
at any time without prior notice if the Customer fails to comply in full with
any term of this Agreement; or
ii. for any other reason
upon thirty (30) days notice to Customer.
b. by Customer at any time
upon notice to Comcast.
c. Customer Obligations Upon
Termination: Customer agrees that upon termination of this Agreement:
i. Customer will return
all Comcast Equipment to Comcast.
ii. Customer will return or destroy (at Comcast's
direction) all copies of any software provided to Customer pursuant to this
Agreement.
iii. Customer shall pay to Comcast the full
manufacturer's suggested retail price for the replacement of any Comcast
Equipment or any software which is not returned, is only partially returned, or
is returned damaged (ordinary wear and tear excluded) at the end of this
Agreement, together with any incidental costs incurred by Comcast relating to
its replacement. Customer authorizes Comcast to charge Customer's credit or
other debit card on file with Comcast (if applicable) for any such charges and
to otherwise collect such amounts from Customer.
iv. Customer shall pay Comcast in full for
Customer's use of any Comcast Equipment and Service up to the latter of (I) the
end of the monthly billing period in which Service was terminated or (II) the
date on which all Comcast Equipment has been disconnected and returned to
Comcast. In cases in which Customer elected an annual prepayment arrangement,
Customer agrees that Comcast, at Comcast's option, may calculate any refund
based upon either the discounted annual prepayment rate or the normal rate for
the Service.
v. If Customer does not return all Comcast
Equipment to Comcast and/or Customer's account has a balance due, Comcast may
refer Customer's account to a collection agency to pursue collection of such
equipment and/or balance. Fees incurred by Comcast as a result of Comcast's and
its agent's efforts to collect past due amounts from Customer may be assessed
by Comcast upon Customer, in addition to any other fees due under this
Agreement.
d. Retention of Rights: Nothing contained in this
Agreement shall be construed to limit Comcast's rights and remedies available
at law or in equity. Comcast reserves the right to delete all data, files,
electronic messages, or other information that is stored on Comcast's or its
Underlying Provider's servers or systems when Customer's account with Comcast
is terminated for any reason.
e. Multiple Users: Customer acknowledges that
Customer is executing this Agreement on behalf of all persons who use the
Comcast Equipment and/or Service through Customer's computer. Customer shall
have the 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 Comcast Equipment by Customer
or by any other user of Customer's computer. Customer agrees to indemnify and
hold harmless Comcast and its Underlying Providers against all claims and
expenses (including reasonable attorney fees) arising out of use of the Service
and/or Equipment by Customer or any other user of Customer's computer.
8. CONTENT
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 laws. Neither Comcast nor its Underlying Providers
assumes any responsibility for the content contained on the Internet or made
available by others. Neither Comcast nor its Underlying Providers shall have
any liability whatsoever for any claims, losses, actions, damages, suits or
proceedings arising out of or otherwise relating to access to such content by
Customer. Questions or complaints concerning content should be addressed to the
content provider.
b. Posting of Content: Comcast assumes no
obligation to monitor transmissions made on the Service. However, Customer
acknowledges and agrees that Comcast and its Underlying Providers shall have
the right to monitor such transmissions from time to time and to disclose the
same in accordance with applicable laws, regulations or governmental requests
and to operate the Service properly. Comcast and its Underlying Providers
reserve the right to refuse to post or to remove any information or materials,
in whole or in part, that in their sole discretion are unacceptable,
undesirable or in violation of this Agreement.
9. SERVICE
CHARACTERISTICS
a. Eavesdropping: The risk of
"eavesdropping" exists on the Internet as well as other services to
which access is provided as part of the Service. This means that other persons
may be able to access and/or monitor Customer's computer, transmissions and
receptions. Because of this risk, any sensitive or confidential information
sent by Customer is sent at Customer's sole risk, and neither Comcast nor its Underlying
Providers shall 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: Customer should be aware that when
using the Service to access the Internet or any other online network or
service, there are certain transfer protocols, such as FTP (File Transfer
Protocol) and HTTP (Hyper Text Transfer Protocol), which may allow other
Service users and Internet users to gain access to Customer's computer. If
Customer chooses to run such transfer protocols, Customer should take
appropriate security measures. Neither Comcast nor its Underlying Providers
shall 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 transfer protocols 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. Additionally, some software may permit other users across a network
such as the Service and the Internet to gain access to Customer's computer and
to the software, files and data stored on the computer. For example, operating
systems such as Windows 95 and Apple Macintosh 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. Unless you are subject to a Service plan that expressly provides
otherwise, Comcast 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, acknowledges and agrees that the Customer does so
at the Customer's own risk, and that neither Comcast nor its Underlying
Providers shall 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.
d. High Risk Activities: The Service is not
fail-safe and is not designed or intended for use in situations requiring
fail-safe performance or in which an error or interruption in the Service could
lead to severe injury to business, persons, property or environment ("High
Risk Activities"). Such High Risk Activities may include, without
limitation, vital business or personal communications, or activities where
absolutely accurate data or information is required. Subscriber expressly
assumes the risks of any damages resulting from High Risk Activities.
e. Facilities Allocation: Comcast reserves the
right to determine, in its discretion, and on an ongoing basis, the nature and
extent of its facilities allocated to support the Service, including, but not
limited to, the amount of bandwidth to be utilized in conjunction with the
Service.
10.
LIMITATION OF LIABILITY
a. Unless otherwise prohibited by law, neither
Comcast nor its Underlying Providers will 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 and personal
injuries (including death), resulting directly or indirectly out of or
otherwise arising in connection with, installation, modification or removal of
Comcast Equipment, the Customer Equipment, the use of the Service by Customer
or any other user of the Comcast Equipment or other Service-related equipment,
including, without limitation, any damage resulting from or arising out of
Customer's reliance on or use of the Comcast Equipment, the Customer Equipment
(and any installation instructions) or Service, or the mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation,
transmission, or any failure of performance of the Comcast 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 installation or use of the
Comcast Equipment, Customer Equipment or Service by Customer or a third party
infringes the copyright, patent, trademark, trade secret, confidentiality,
privacy, or other intellectual property rights or contractual rights of any
third party, or based upon a contention that opening Customer Equipment in
order to install any Ethernet card required to use the Service invalidates any
warranty governing the Customer Equipment.
b. The limitations set forth in this Section 10
apply to the acts, omissions, and negligence of Comcast and its Underlying
Providers (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.
11.
MISCELLANEOUS
a. Contact Address: For any inquiries or notices
required in connection with this Agreement, Customer may contact Comcast via
e-mail at http://online.comcast.net/contactus
(or such other e-mail address as Comcast may designate) or in writing to
Comcast Online Services,
b. Entire Agreement/Amendment: This Agreement, the
Customer Work Order and any software end user license agreement provided in
connection with the Service constitutes the entire Agreement between Customer
and Comcast. No undertaking, representation or warranty made by an agent or
employee of Comcast or its Underlying Providers in connection with the
installation, maintenance or provision of the Service, which is inconsistent
with the terms of this Agreement shall be binding on Comcast. This Agreement
may be amended by Comcast on thirty (30) days' prior notice to Customer, and
such amendment may be posted to the Comcast High-Speed Internet service home
page at www.comcast.net (or the applicable successor URL) or otherwise provided
to Customer in hardcopy or electronic form, as determined by Comcast in its
sole discretion. Customer's election to continue receiving the Service
thereafter shall be deemed to constitute Customer's acceptance of such
amendment. Notwithstanding anything to the contrary in this Section, the terms
and conditions of the Acceptable Use Policy, as the same may be revised from
time to time by Comcast and/or its Underlying Providers, apply to the Service
and may, in fact, limit the use of the Service.
c. Assignment: Comcast may freely assign its rights
and obligations under this Agreement, including, without limitation, to any
parent, subsidiary or other affiliated company of Comcast.
d. General: 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. Comcast'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 may not be assigned or transferred by Customer.
This Agreement shall be exclusively governed by, and construed in accordance
with, applicable federal law and the laws of Customer's state of residence
where the Service is provided.
12. NOTICE
Comcast may deliver notice to Customer by means of
electronic mail sent to Customer's e-mail address on file with Comcast and/or
by written communication delivered by