We describe below the many cable television services available to you from WideOpenWest. For more information, you should also review the Price List and Channel Line-up.

LOCAL SERIVCE
WideOpenWest Local Service includes local broadcast channels, educational and government programming.

BASIC SERVICE
WideOpenWest Basic Service offers you over 70 channels of great programming, including your local educational and government channels, broadcast networks, and a wide range of quality programming from the most popular cable networks. Basic Service also features stereo sound if broadcast in stereo and crystal-clear picture quality backed by our free service repair, seven days a week. WideOpenWest Basic Service does not require a converter box and may be viewed on additional outlets at no additional monthly charge.

DIGITAL BASIC
Your cable TV viewing just got better! WideOpenWest Digital Basic includes additional programming choices to improve your viewing experience, plus a wide variety of commercial-free digital music channels. Digital Basic also gives you access to pay-per-view and the Interactive Program Guide.

PREMIUM MOVIE SERVICES
Premium services include multiple screens of your favorite channels: HBO, CineMAX, Showtime/The Movie Channel and STARZ!/Encore. Enjoy more channels, more movies and more viewing choices. There is a separate monthly charge for Premium channels. A WideOpenWest converter is required to view Premium Channels.

PAY-PER-VIEW
WideOpenWest offers you access to multiple pay-per-view channels. Enjoy a wide variety of additional movies, sports, concerts and special events. Movies and events are priced individually. Seasonal sports packages are also available. A WideOpenWest converter is required to view Pay-Per-View programming.

DIGITAL MUSIC
Enjoy CD-quality, commercial-free digital music delivered to your stereo or television 24 hours a day. Choose from the most popular musical formats including Jazz, Classical, Rock, Alternative, Latin, Metal, Golden Oldies, Country and more. It’s your choice!

INTERACTIVE PROGRAM GUIDE
The Interactive Program Guide is available to customers using a converter box. This on-screen guide lists programs for services offered on our system. Additional features include a parental control option that provides the ability to restrict viewing by rating or channel.



How to Use Your Cable Service and Equipment Compatibility Notification

VIEWING CABLE SERVICE ON YOUR TELEVISION
Basic Service service contains your local channels and broadcast networks, plus a wide array of cable services. Basic Service can be viewed on any cable-ready television or tuned through a VCR. Our cable system utilizes the VHF band of channel frequencies from channel 2 through 99. Your television or VCR owner’s manual will state the VHF channel capability. If your television set or VCR will not tune VHF channels up to and including channel 99, you may need to purchase a standard converter from a local electronics merchant, or rent a converter from WideOpenWest. You must subscribe to Basic Service and have a WideOpenWest converter in order to receive Premium, Pay-Per-View and digital cable services.

VCR'S
Various options exist to connect your VCR with our cable service. Your VCR can be installed in such a manner that will allow viewing and recording the same channel or for viewing one channel while recording another. Additional installation and equipment charges may apply. Your VCR manual has detailed instructions concerning how to connect your VCR to our cable system.

CONVERTER BOXES
Basic Service may be viewed on any cable-ready television or VCR that can tune up to channel 99. If you do not possess “cable-ready” equipment currently, you may choose to buy a standard converter at a retail outlet or rent a converter from WideOpenWest.

According to government rules, after October 31, 1994, TV’s and VCR’s sold in the U.S. cannot be called “cable-ready” unless they comply with new requirements, including the ability to properly tune channels. In addition, some TV’s and VCR’s cannot tune all channels without some interference. If this is the case with your equipment, you may need to purchase a converter from a retail outlet or rent a converter from WideOpenWest. If you use a converter, you can only tune to one channel at a time. Certain features on your TV and VCR that depend on channel tuning of these devices may not be available with this configuration. For instance, taping one program while watching another, recording two or more consecutive programs that appear on different channels, and the use of advanced picture generation and display features such as picture-in-picture, channel review and other functions that necessitate channel selection by the consumer device may not be possible without additional equipment.

WideOpenWest uses state-of-the-art descrambling methods to ensure the security of our system. Converters with descrambling capability for the WideOpenWest service can only be obtained directly from WideOpenWest. Certain cable converters that have descramblers (so called “pirate boxes” or “black boxes”) are illegal to sell, purchase or use on the cable system. To the extent our descrambling methods affect your reception of signals, we can supply to you special equipment that will enable the simultaneous reception of multiple signals. We will consult with you to determine your specific equipment needs. Upon request, we will attempt to provide you with the types of special equipment needed to resolve your compatibility problem. Charges will apply for purchase or lease of such equipment, in accordance with federal law.

REMOTE CONTROLS
Converters offered by WideOpenWest operate with a hand-held remote control device. This remote performs some universal functions for many of the most popular TV’s and VCR’s. The remote control that came with your TV or VCR may be capable of controlling some features of our converter box. You may also buy a “universal” remote control device from a third party. Most “universal” remotes are capable of operating many features of the WideOpenWest converter. Models of remote control units currently available from third party retailers that are compatible with most customer premises equipment include the “One For All” brand of universal remote control. Please contact us to inquire about whether a particular remote control unit that you are considering for purchase would be compatible with the customer premises equipment.

BLOCKING OF SPECIFIC CABLE SERVICE
Upon request, the company can entirely block the reception of both the audio and video on a specific channel on which programming is provided. A truck roll charge may apply.

PARENTAL CONTROL FEATURE
The converter provides a parental control feature that allows customers to restrict viewing of specific channels, programs and pay-per-view. The parental control feature is available through the Interactive Program Guide. WideOpenWest is not responsible for inaccurate or incomplete rating and other information provided by program suppliers or the Interactive Guide vendor.



Billing and Complaint Procedures

BILLING PROCEDURES
WideOpenWest will mail a statement to you monthly. It will include an itemization of the amount due for the current billing cycle plus past due amounts from the previous billing cycle, if any. The total of these amounts is the amount due to the company. Your monthly billing cycle begins the day after installation of service is completed. If you disconnect service, your next statement may not include charges for pay-per-view movies or events that may still be recorded in your WideOpenWest converter at the time of disconnection. We will review these converters on their return and will include any unrecorded movie or event charges on your final statement.

PAYMENT DUE DATE
Statements will be mailed monthly on the anniversary of your initial installation date and require payment within 20 days after the bill date. Accounts with a delinquent balance will be assessed a late fee of $5.00.

PAYMENT OPTIONS
WideOpenWest offers several convenient methods to pay your monthly invoice:
• Return envelope enclosed with your statement.
• WideOpenWest Payment Office or drop box location.
• Automatic payment with your Visa or MasterCard.
• Direct Debit from your checking or savings account.

RETURNED CHECK POLICY
We charge customers $25.00 for each returned check.

DISCONNECTION OF SERVICE
WideOpenWest will promptly disconnect your service upon request. If a disconnect date is not specified, WideOpenWest will disconnect your service the day following the date we receive your request. You are responsible for all service charges until we disconnect your service. We may continue to charge you for service after you disconnect if you delay in returning company equipment.

RECONNECTION CHARGES, TERMS AND CONDITIONS
WideOpenWest may disconnect your service if you do not pay any bill after the company has given you written notice of its intent to disconnect. Before restoring service after being disconnected for non-payment, WideOpenWest may require payment of the full balance owed to WideOpenWest, a security deposit, the published reconnection charge and any applicable franchise fees, taxes and any other applicable charges. Disconnected customers who elect to remain disconnected are legally responsible for payment of all past due amounts, as well as for the safe return of all company property. Absent immediate return of company equipment, WideOpenWest will bill the former customer $400.00 for each digital converter and $250 for each standard converter. The company reserves the right to pursue all legal remedies to enforce payment for company equipment, unless the equipment is returned in good working condition.

CREDITS FOR SERVICE OUTAGES
WideOpenWest will issue credit for certain system outages not resulting in part or entirely from circumstances beyond WideOpenWest’s reasonable control that exceed one-hour in duration to affected customers applying for such credit. The credit amount is determined based on the customer’s monthly services, the number of services affected and the total outage time. Customers may request credit by telephone or in writing within thirty (30) days of the outage. The company will not issue credit if prevented from gaining access to its equipment to fix the problem. Credits are issued no later than the next billing cycle, following a determination that credit is warranted.

CHANGES OF SERVICE
Customers may order additional services offered by WideOpenWest by calling Toll Free 1-866-4WOW-NOW. Customers have the right to rescind their order for new services without charge prior to installation or activation. Billing will begin at the time the service is activated on the customer’s account. Customers who participate in a promotional offer with a discount on monthly service fees will revert back to the standard monthly fee for the service at the end of the promotional period unless the customer terminates the service.

COMPLAINT RESOLUTION
You can report any performance issues with your Broadband service, including the quality of the television signal delivered by us, to our Toll Free telephone number, 1-866-4WOW-NOW (1-866-496-9669). You may also address questions in writing to the address listed below. WideOpenWest personnel are available 24 hours a day. Investigative action will be initiated on the same day, if possible, but in no case later than the following business day. WideOpenWest’s highly trained staff is able to handle the vast majority of questions over the phone and initiate corrective action:

P.O.Box 63000
Colorado Springs, CO 80962-3000

or e-mail us at wow_techsupport@wideopenwest.com

If a billing dispute occurs, customers have thirty (30) days from the date of receipt of the bill to register a written dispute and are required to pay the undisputed amount.

When a complaint is registered in writing, WideOpenWest will submit a written reply within thirty (30) working days of receipt. The reply will include a statement of action taken, description of future work needed to resolve any issue or an explanation why the complaint is unjustified or outside the jurisdiction of the company.

If you are dissatisfied with our handling of your complaint, you can also contact the local franchising authority. Information on your local franchising authority can be found on your monthly billing statement, or by calling Toll Free 1-866-4WOW-NOW (1-866-496-9669).



Installation and Service Maintenance Policies

INSTALLATIONS
Under normal operating conditions, installations located within 125 feet from the existing broadband distribution system are performed within seven (7) business days after an order has been placed.

SCHEDULING OF INSTALLATIONS AND SERVICE CALLS
The following shall apply to customers requesting installations or service: WideOpenWest shall, at the customer’s option, either: (1) schedule the customer to be the first or last call of the day, on a first-come, first-served basis; (2) schedule the appointment for a date certain on a "call-to-meet" basis; here, the service technician will call the customer after finishing his/her prior task and arrange to meet the customer at an agreed upon time thereafter, or (3) establish a four-hour appointment window with the customer (or adult representative of the customer). Such four-hour window shall be entirely in the AM or entirely in the PM, unless the customer requests and the cable operator agree to the contrary. WideOpenWest will respond to the request for service in accordance with the option selected by the customer.

WideOpenWest will not cancel an appointment with a customer after 4pm on the business day prior to the scheduled appointment. If our technician is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the WideOpenWest technician will promptly contact the customer. The appointment will be rescheduled, as necessary, at a time certain that is convenient for the customer.

In the event access to the customer’s premises is not available when the technician arrives during the established appointment window, the technician will leave written notification stating the time of arrival and requesting that the customer contact WideOpenWest to establish a new appointment window.

SERVICE CALL CHARGES
Service calls required to resolve a service problem are provided at no cost to the customer. Customers will be charged the applicable fee for service calls caused by (1) customer negligence, (2) destruction of or tampering with company’s equipment, (3) improperly connected or malfunctioning VCR’s, computers, video games or other customer equipment, or (4) a problem not within the control of WideOpenWest.

RESPONSE TIMES
Excluding situations beyond our control, WideOpenWest will begin working on a customer service interruption promptly and in no event later than twenty-four (24) hours after becoming aware of the interruption. WideOpenWest will respond within two (2) hours, including weekends and holidays, after receiving notice of a system outage.

AUDITS AND THEFT OF SERVICE
WideOpenWest has sophisticated monitoring equipment that allows detection of illegal reception of cable TV signals. We regularly audit our system to detect such reception.
Federal law makes unauthorized reception of cable service a federal crime. Any person who willfully intercepts or receives or assists in intercepting or receiving any communications service offered over a cable system is subject to significant fines and/or imprisonment. We share the federal government’s serious view of cable theft. We are working to control this problem for the benefit of our customers, our community and our organization.  If you know or suspect someone is violating this law, please contact us Toll Free at 1-866-4WOW-NOW.

PROGRAMMING BLACKOUTS
Occasionally, we are required by federal law to block the cable casting of certain scheduled programs. These "blackouts" usually affect sporting events. Sports blackouts are usually imposed to protect: (i) the local sports team’s ability to attract a live audience; and (ii) the television rights revenue by preventing duplication of any event by multiple carriers. In each case, one network is designated as the exclusive carrier of an event of a specific sports team. The exclusive network has arranged for this privilege at its own expense. FCC regulations require us to black out all other carriers of these events.



Cable Privacy Act, Customer Privacy
Rights Notice

The Federal Cable Communications Policy Act of 1984 contains certain provisions regarding the collection and maintenance of personally identifiable information by cable television operators. In accordance with those provisions, WideOpenWest collects and maintains personally identifiable information concerning customers. That information includes billing records, service maintenance and repair records, Premium service subscription information, marketing information and customer complaints.

Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering cable television service to you. Some persons have access to such information when necessary in connection with our business. Access is as often as necessary and may be on a day-to-day basis. Those people include WideOpenWest employees, WideOpenWest sales agents, businesses that provide services to WideOpenWest, such as our accountants, billing and collection services, program and program guide providers where applicable, program services that will periodically audit subscription information and representatives of the franchising authority. WideOpenWest will not maintain such information after it is no longer necessary for carrying on our business.

As a customer, you may review any personal information held by us, which pertains to you if you give us a reasonable period of time to locate and, if necessary, prepare the information for review. (Preparation is sometimes necessary to avoid disclosure of information relating to other customers). If you wish to review your personal information, please contact us by letter or telephone to arrange for a review. The review will be at our local system business office. You may request correction of any error in personal information that we collect or maintain pertaining to you.

Federal law prohibits WideOpenWest from collecting any personally identifiable information other than information necessary to carry on our business or to detect theft of service unless you consent. To the extent that we are permitted to collect personally identifiable information, we are permitted to disclose such information only to the extent necessary to conduct our business. In addition, the law allows us to disclose your name and address for non-cable service-related mailing lists or other purposes unless you tell us you do not wish to disclose it. However, such disclosure of names and addresses may not be in a form that discloses the extent or type of any use you make of services we provide, nor may it disclose the nature of any transaction you make over the cable system. If you do not wish to have your name and address disclosed even in this limited manner, or if you wish to limit the circumstances in which we will disclose it, please obtain, fill out, and return a "Nondisclosure of Name and Address Form" from our local business office.

Except as indicated in this Notice, we may not disclose personally identifiable information without your consent, unless we are required to do so by court order. If we are served with a court order requiring disclosure of personally identifiable information concerning a customer, we will inform the customer before any information is released. Under some circumstances, a governmental entity may seek a court order to obtain personally identifiable information from WideOpenWest concerning a cable customer. The customer must be given an opportunity to contest issuance of such an order.

Any person aggrieved by any act of a cable operator in violation of these federal limitations on the collection and disclosure of personally identifiable information, may bring civil action in a United States District Court to enforce the limitations.



Conditions of Subscription to WOW! Cable^sm

PLEASE CAREFULLY READ THE FOLLOWING STATEMENT OF TERMS AND CONDITIONS (THE "TERMS"). THESE TERMS IDENTIFY THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH REGARD TO THE CABLE SERVICE DELIVERED BY WIDEOPENWEST TO ITS CUSTOMERS. IN THE AGREEMENT BELOW, WE REFER TO WIDEOPENWEST AS THE "PROVIDER" AND YOU AS THE "CUSTOMER." BY SIGNING THE INSTALLATION OR CHANGE WORK ORDER, CUSTOMER SUBSCRIBES TO CERTAIN OF PROVIDER’S SERVICES (THE "SERVICE") COMMENCING UPON THE INSTALLATION OF SERVICE AND AGREES TO BE BOUND BY THE FOLLOWING TERMS AND TO USE THE SERVICE IN COMPLIANCE WITH THOSE TERMS AND ANY RULES AND REGULATIONS PROVIDED TO CUSTOMER.

1.   Subscription to Service: PROVIDER offers various cable television services at rates and fees more particularly described in a separate Price List. BY SIGNING THE INSTALLATION OR CHANGE WORK ORDER, CUSTOMER SUBSCRIBES TO CERTAIN OF PROVIDER’S SERVICES (THE "SERVICE") COMMENCING UPON THE INSTALLATION OF SERVICE AND AGREES TO BE BOUND BY THIS AGREEMENT AND TO USE THE SERVICE IN COMPLIANCE WITH THIS AGREEMENT, THE BILLING PROCEDURES AND ANY OTHER RULES AND REGULATIONS PROVIDED TO CUSTOMER.

2.   Payment of Charges: CUSTOMER will be billed monthly in advance, and pay for Service, in accordance with PROVIDER’S Billing Procedures.

3.   PROVIDER Property: All equipment, including but not limited to cables, wires, amplifiers, cable boxes and remotes delivered to and/or installed in the CUSTOMER’S home by PROVIDER ("Equipment") remains the property of PROVIDER. CUSTOMER must return all equipment upon termination of Service. CUSTOMER will not open, alter, misuse, tamper with or remove the equipment as and where installed by PROVIDER, and will not remove any markings or labels from the PROVIDER equipment indicating PROVIDER ownership. CUSTOMER will safeguard the PROVIDER equipment from loss or damage of any kind, and will not permit anyone other than an authorized representative of PROVIDER to perform any work on the PROVIDER equipment. Upon termination of the Service, for whatever reason, CUSTOMER acknowledges that his/her right to possess and use the equipment shall likewise terminate. In such event, the equipment shall be returned to PROVIDER in the same condition as when received, ordinary wear and tear excepted. Failure to do so will result in a charge to be determined with reference to PROVIDER’S then current replacement cost and penalty schedule, which amount shall be due immediately. CUSTOMER agrees to pay such charges whether the equipment is damaged, lost (through theft or otherwise) or destroyed.

4.   Disruption of Service: In no event shall PROVIDER be liable for any failure or interruption of program transmissions or Service resulting in part or entirely from circumstances beyond PROVIDER’S reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or Service interruption in excess of 1 hour, PROVIDER, upon notification of such failure or interruption from the CUSTOMER within 30 days of such failure of interruption, will either provide CUSTOMER with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit, provide alternative programming during any program interruption. PROVIDER shall not be liable for any incidental or consequential damages.

5.   Repair of PROVIDER Equipment: PROVIDER will respond to all requests for cable television system repair. PROVIDER will repair and/or replace defective equipment in CUSTOMER’S home. PROVIDER is not responsible for the maintenance or repair of CUSTOMER-provided television sets, VCR’s, or other video equipment, stereos or other audio equipment, telephones or A/B switches. A Service charge may be imposed if damage to PROVIDER equipment is due to negligent use or abuse or if no fault is discovered in PROVIDER’S system or equipment. PROVIDER makes no warranties with respect to equipment or Service provided by PROVIDER.

6.   CUSTOMER Property: PROVIDER assumes no responsibility for the condition or repair of any CUSTOMER-provided equipment. PROVIDER is not responsible or liable for any loss or impairment of reception of PROVIDER’S Service due, in whole, or in part, to a malfunction or defect in CUSTOMER-provided equipment.

7.   Taxes and Fees: CUSTOMER agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the cable Service, the equipment or Installation or placement charges incurred with respect to the same.

8.   Use and Reproduction of Programs: CUSTOMER agrees that the Service provided by PROVIDER: (i) will be utilized solely for CUSTOMER’S personal, non-commercial use; (ii) will not be duplicated except in compliance with applicable law; and that (iii) CUSTOMER will adhere to any PROVIDER Billing Procedures, rules and regulations provided to CUSTOMER. CUSTOMER acknowledges that PROVIDER may change such procedures, rules and regulations, in accordance with applicable law. 

9.   Care of PROVIDER Property: CUSTOMER agrees that neither CUSTOMER nor any other person (except PROVIDER’S authorized personnel) will open, tamper with service, make any alterations to, or remove any equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of equipment which permits the receipt of Service without authorization or the receipt of Service to an unauthorized number of outlets, or to unauthorized location constitutes theft of Service and is prohibited.

10. Authority and Access to CUSTOMER Premises: CUSTOMER acknowledges that he or she owns the premises on which PROVIDER equipment is installed or has obtained permission for such installation from the owner of the premises in which CUSTOMER resides. CUSTOMER agrees to provide PROVIDER’S representative with access at reasonable times to CUSTOMER’S premises to inspect and maintain the equipment supplied by PROVIDER and, upon the termination of Service, to remove the same from the premises. PROVIDER’S failure to remove its property shall not be deemed an abandonment thereof. CUSTOMER agrees not to remove the equipment from the premises except to return it to PROVIDER. CUSTOMER grants PROVIDER the right of way by the shortest practical route over CUSTOMER’S premises to provide Service.

11. Assignment or Transfer: This Agreement and the equipment supplied by PROVIDER are not assignable or otherwise transferable by CUSTOMER.

12. Termination of Service by CUSTOMER: CUSTOMER shall have the right at any time to terminate the Service by giving notice to PROVIDER. In the event CUSTOMER elects to terminate the Service, CUSTOMER will pay for such Service until the date of disconnection.

13. Breach of Agreement: If CUSTOMER breaches this Agreement or fails to abide by PROVIDER’S rates, rules and regulations, PROVIDER, at its option, may discontinue the Service and remove the equipment. Failure of PROVIDER to remove such equipment shall not be deemed abandonment thereof. CUSTOMER shall pay reasonable collection and/or attorney’s fees to PROVIDER in the event that PROVIDER shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. PROVIDER may terminate its Service immediately in the event that CUSTOMER makes an assignment for the benefit of creditors or a voluntary petition is filed by or against CUSTOMER under any law having for its purpose the adjudication of CUSTOMER as a bankrupt or the reorganization of CUSTOMER.

14. Security Deposits: Any security deposit given by CUSTOMER for the equipment or PROVIDER’S Service will be due and payable upon the first monthly billing. Such security deposits will be returned to CUSTOMER within sixty (60) days of termination of PROVIDER’S Service so long as payment has been made for all amounts due on CUSTOMER’S account and CUSTOMER has returned the PROVIDER equipment undamaged.

15. Programming: All programming, program Service, program packages, number of channels, channel allocations and broadcast channels are subject to change in accordance with applicable law.

16. Rates: Rates for the installation of Service or equipment and rates for programming or other Service are subject to change in accordance with applicable law.

17. Administrative Late Fee: If your account is 20 days past due, you will see a reminder message on your statement. If your past due balance is not paid, PROVIDER has the right to charge a $5.00 administrative late fee on top of your past due balance. If your account remains unpaid, your Service may be disconnected.

18. Disclaimer Regarding Programming: PROVIDER assumes no liability for any program or information distributed over the cable system unless locally produced by PROVIDER. PROVIDER shall not be responsible for any products, merchandise or prizes promoted on or purchase through the use of the cable system, unless such products, merchandise or prizes are provided directly by PROVIDER.

19. Limitation of Liability: EXCEPT TO THE EXTENT PROVIDED IN SECTION 4 OF THIS AGREEMENT, PROVIDER, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND PROVIDER’S MEMBERS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, ARISING IN ANY MANNER FROM OR RELATING IN ANY WAY TO THIS AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT.

20. No Warranties: EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, PROVIDER MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) THE QUALITY OF THE SERVICE OBTAINED BY CUSTOMER WILL MEET CUSTOMER’S EXPECTATIONS. ALL SERVICE AND EQUIPMENT PROVIDED BY PROVIDER ARE PROVIDED ON AN "AS IS" BASIS. PROVIDER MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.

21. Entire Agreement: This Agreement, together with any rules, regulations, procedures and Price Lists as may be adopted and amended from time to time by PROVIDER, constitute the entire agreement between the CUSTOMER and PROVIDER; provided that any other subscription or customer agreement or terms and conditions relating to CUSTOMER’S Broadband telephone or Internet service, if applicable, with provider shall remain in full force and effect. No undertaking, representation or warranty made by any agent or representative of PROVIDER in connection with the sale, installation, maintenance or removal of PROVIDER’S Service shall be binding on PROVIDER except as expressly included herein.

22. Severability: In the event that any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of these Terms shall remain in full force and effect.

23. Waiver: No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

24.  Applicable Law: This Agreement shall be construed and enforced under Colorado law.