WOW! Internet works in conjunction with all Web browsers and e-mail software including Microsoft Internet Explorer and Netscape Navigator.  At your request, WideOpenWest will install the most current version of Netscape Navigator or a WideOpenWest customized version of Microsoft Explorer.



Customer Equipment Requirements

Your Computer must possess the minimum technical specifications listed below to subscribe to WOW! Internet.

PC COMPUTERS Minimum Operating System: Windows 95B Windows 98 Windows ME Windows 2000 (With Service Pack 1) Windows XP Minimum RAM: 32 MB Minimum Hard Drive Space: 100 MB Minimum CPU Speed: 133 MHz or higher

MAC COMPUTERS Minimum Operating System: OS 8.6 or higher Minimum RAM: 24 MB Minimum Hard Drive Space: 100 MB Minimum CPU Speed: 75 MHz or higher

Acceptable Use, Privacy and Conditions of Subscription  Internet Acceptable Use Policy

Before using the WOW! Internet Service, you should carefully review WideOpenWest’s use and privacy policies, as well as the other terms and conditions of your subscription.  The WOW! Internet Acceptable Use Policy, Privacy Policy and Conditions of Subscription are available for your review online by simply clicking on the “Terms of Use” section of the WOW! Internet home page or Web site.  BY ESTABLISHING AN ACCOUNT OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE CONDITIONS OF SUBSCRIPTION AND TO USE THE SERVICE IN COMPLIANCE WITH THOSE CONDITIONS, THE ACCEPTABLE USE POLICY AND OTHER POLICIES ADOPTED BY WOW! INTERNET.

The purpose of this Acceptable Use Policy is to ensure that WideOpenWest’s Internet Service (the “Service”) is used in ways that are consistent with the specifications of a shared network, and the standards of our local municipality and the Internet community. The policy also aims to ensure that the Internet access resources we provide are used in a manner that benefits everyone.  In this Policy, we refer to WideOpenWest as the “PROVIDER” and you as the “CUSTOMER.”  In order to use the WOW! Internet Service, you must read, understand and agree to abide by the Internet Acceptable Use Policy, as it may be revised from time to time.

A.      CUSTOMER must use the Service in a manner that is ethical and in conformance with prevailing community standards. PROVIDER shall have the sole and non-reviewable right to determine whether CUSTOMER’S use violates this standard. 

B.       CUSTOMER must use the Service in a manner that respects the integrity of our system and all components thereof. CUSTOMER will not use or allow others to use the Service to disrupt PROVIDER'S network or Equipment, or Equipment owned by other PROVIDER customers. For example, CUSTOMER agrees not to: (i) use or allow others to use the Service to disrupt other Internet Service Providers’ or Service, including but not limited to by e-mail bombing or the use of mass mailing programs; (ii) access or attempt to access other users' systems; (iii) disrupt others' use of the network; (iv) damage or change PROVIDER’S or other users' computer hardware or software in any way, whether directly or indirectly.

C.       CUSTOMER must use the Service in a manner that does not create routing patterns that are inconsistent with the effective use of a shared network. PROVIDER shall have the sole and unreviewable right to determine whether CUSTOMER’S use violates this standard. 

D.      CUSTOMER shall not use the PROVIDER equipment or the Service, directly or indirectly, for any unlawful purpose. CUSTOMER shall not post or transmit through the Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others (including copyright or trademark rights), that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, or in the circumstances would be obscene or indecent, constitutes hate speech or is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. CUSTOMER also shall not link his/her personal home page to material or content that violates the Service's Acceptable Use Policy or as specified by rules that the PROVIDER may, from time to time, promulgate to govern CUSTOMER conduct. PROVIDER shall have the sole and unreviewable right to determine whether content violates these standards.

E.       CUSTOMER shall not resell the service or otherwise charge others to use the service, in whole or in part, directly or indirectly, or on a bundled or unbundled basis. 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 local area network or wide area network.

F.       CUSTOMER shall not utilize excessive "bandwidth" (i.e. volume of data transmitted) arising out of the Service at any time and on an on-going basis.  PROVIDER shall have the sole and unreviewable right to determine whether CUSTOMER’S use violates this standard. 

G.       CUSTOMER may not use his or her account for hosting server software operating on commonly recognized TCP/IP ports.

H.      CUSTOMER may not use the Service for spamming.  This includes but is not limited to the following activities:

• Sending bulk unsolicited messages 
• Sending e-mails which provoke complaints from the recipients
• Sending junk email
• Using distribution lists that include people who have not given their permission to be included in such a distribution process
• Posting commercial ads to Usenet groups that do not permit them
• Posting articles that contain binary encoded data to non-binary newsgroups
• Sending excessive and repeated off-topic messages to newsgroups
• Sending excessive and repeated cross-postings
• Harassing other Internet users including but not limited to transmitting any threatening, libelous or obscene materials.
• Posting or transmitting charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes or contests, or any other duplicative or unsolicited messages (commercial or otherwise).
• Posting or transmitting through the Service any material that constitutes or contains advertising or any solicitation with respect to products or Service.

I.         CUSTOMER will not use, nor allow others to use, the Service to intentionally transmit computer “viruses,” worms, “Trojan horses” or other harmful software programs and will use CUSTOMER’S best efforts to prevent the unintentional transmission of such viruses or other harmful software.

J.        CUSTOMER will not impersonate another user, falsify one's user name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. CUSTOMER will not forge any message header of any electronic transmission, originating or passing through the Service.

K.      CUSTOMER must respect the property rights of others, including those conferred by copyright, trademark and other laws that protect intellectual property rights. Except as allowed by applicable law, CUSTOMER shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or trade secret or other proprietary right without the express permission of the owner thereof. CUSTOMER may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials are in the public domain.

L.       The Service contains copyrighted material, trademarks and other proprietary information, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. PROVIDER grants CUSTOMER the right to download the Service's copyrighted material solely for CUSTOMER'S personal use. Except as granted here and as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of PROVIDER and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.



WOW! Internet Privacy Policy

This Privacy Policy is designed to explain: (i) our commitment to maintaining your privacy; (ii) your rights; and (iii) our information collection and monitoring activities.

COLLECTION OF YOUR INFORMATION

PROVIDER requests certain personal information, such as your name, address, telephone number and e-mail address, at the time you subscribe to the Service.  The personal information contained in PROVIDER’S business records is used to manage your account for billing purposes. It is generally not shared with a third party, except in the limited circumstances described in this Policy. 

PROVIDER also collects, uses and releases information on your 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. PROVIDER may collect information in accordance with applicable law concerning your use of the Service and your preferences which are reflected in the choices that a you make among the range of services offered as part of the Service, the time that you actually use the Service, the menus and features used most often by the you, and other information about a your "electronic browsing."

USE OF YOUR INFORMATION

PROVIDER’S business records generally are used: (i) to help make sure that you are properly billed; (ii) send you pertinent information about the Service; and (iii) for accounting purposes.

Collecting information contained in transmissions made by you through the Service directed to PROVIDER or other service providers to which access is provided as part of the Service, is necessary to provide the Service.  This information is generally used to: (i) execute requests and orders placed by you with advertisers, merchants, and service providers; (ii) understand your reactions to various features of the Service or the Internet; and (iii) personalize the Service based on your interests. Such information helps PROVIDER improve the Service and uncover unauthorized access to the Service or your data and may be provided to law enforcement agencies in the event of such unauthorized access.

RIGHT TO MONITOR COMMUNICATIONS AND DISCLOSE INFORMATION

Although PROVIDER has the right to monitor your use of the Service, PROVIDER will generally not monitor or disclose the contents of your private communications.  However, PROVIDER may disclose personal information about you and/or your account at our sole discretion in order to comply with the Electronic Communications Privacy Act, the Digital Millennium Copyright Act or any other applicable laws, to enforce our Acceptable Use Policy, to protect the integrity of PROVIDER'S operations, to protect our customers or to prevent a crime. PROVIDER will also comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws designed to protect children.

Some third parties might acquire information about you when you use or visit their websites or services via the Service. PROVIDER does not undertake to monitor, and may not be capable of monitoring, the collection, use or disclosure of such information.

THE CABLE PRIVACY ACT

You are entitled under federal law to a statement about our collection and use of certain information that we learn about you. That information is required to be provided in a separate written statement and is therefore attached as Appendix A.

QUESTIONS REGARDING THIS PRIVACY POLICY

REVISIONS TO THE PRIVACY POLICY

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 INTERNET SERVICE DELIVERED BY WIDEOPENWEST TO ITS CUSTOMERS.   IN THE AGREEMENT BELOW, WE REFER TO WIDEOPENWEST AS THE “PROVIDER” AND YOU AS THE “CUSTOMER.”  BY ESTABLISHING AN ACCOUNT OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND TO USE THE SERVICE IN COMPLIANCE WITH THE TERMS, ANY ADDITIONAL ACCEPTABLE USE POLICY AND OTHER POLICIES.   

1. GENERAL

A.      PROVIDER provides its Internet services, as they may exist from time to time (“Service”), to users who establish an authorized account (“Account”) and pay a monthly service fee to subscribe to the Service (“CUSTOMERS”). BY ESTABLISHING AN ACCOUNT OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND TO USE THE SERVICE IN COMPLIANCE WITH THIS AGREEMENT, ANY ADDITIONAL ACCEPTABLE USE POLICY AND OTHER POLICIES.  If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Service and if you are a current CUSTOMER, you must immediately notify PROVIDER and terminate your use of the Service.

B.        These Terms and Conditions of Use set forth the terms and conditions that apply to the use of the Service by CUSTOMER. No representation, warranty, term or condition, other than as specifically set forth in these Terms, shall be binding on PROVIDER.

C.       CUSTOMER understands that the Service provides an uncensored feed from the Internet and that PROVIDER does not control, and assumes no responsibility for, content on the Internet or posted by a CUSTOMER.

D.      PROVIDER shall have the right at any time to change or discontinue any aspect or feature of the Service, including but not limited to content, hours of availability, and equipment needed for access to and use of the Service. Either PROVIDER or CUSTOMER may terminate the Service to CUSTOMER at any time. PROVIDER further has the right to add to or modify any rules, terms and conditions governing use of the Service at any time.

E.       CUSTOMER is responsible in all respects (including all payment obligations) for all use of CUSTOMER'S Account in all circumstances, including under any screen name or password by any person. CUSTOMER will ensure that all use of CUSTOMER'S Account complies fully with the provisions of these Terms and any operating rules that may be promulgated from time to time by PROVIDER, and all use by others of CUSTOMER'S Account is subject to the terms hereof. CUSTOMER shall be responsible for protecting the confidentiality of CUSTOMER'S passwords.

F.       CUSTOMER represents and warrants that he or she is at least 18 years of age. CUSTOMER may, at his or her discretion, permit minors to use the Service under adult supervision.

G.       CUSTOMER is prohibited from transferring his or her Account to any other person, or to a new residence.

H. WideOpenWest turns "File Sharing" OFF by default when configuring your system during initial installation. This means that other customers with "File Sharing" ON will NOT see your computer on the "Network Neighborhood" local area network setting UNLESS you change "File Sharing" to ON after installation. We highly recommend that you leave File and Print Sharing services turned off. If you leave File and Print Sharing ON, it is possible that other users can access your machine while you are on the Internet. This is true for Windows 95, 98, 2000, Me, Macintosh and other operating systems. All Internet Service Providers and all IP (Internet Protocol) communications share this anomaly, regardless of the type of connection. If you need to use File and Print Sharing, enable the service only when needed and then turn it off. Consider using passwords with file-sharing applications. Passwords can reduce but not entirely eliminate this risk.

Any Customer who chooses to enable file sharing, print sharing or other capabilities that would 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 WideOpenWest shall have no liability whatsoever for any claims, losses, damages, actions, suits or proceedings arising out of or otherwise relating to such use by the Customer.

2. CHARGES

A.      CUSTOMER must (i) provide PROVIDER with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to PROVIDER all changes to this information within thirty (30) days of the change. CUSTOMERS are responsible for any charges to their Account.

B.       CUSTOMER agrees to pay for the Service that he or she has subscribed to, including applicable charges for installation and all applicable local, state or federal fees or taxes. Monthly charges for the Service are set forth on a separate price list (“Price List”) and are subject to change in the future.  Service charges will be billed monthly in advance and are payable on the due date specified on the bill.

C.       An administrative late charge may be charged on past due accounts for PROVIDER Service. Payment for your PROVIDER service must be received by PROVIDER on or before the due date stated on your PROVIDER monthly bill. Failure to deliver payment by the due date is a breach of your PROVIDER subscription agreement. This individual breach causes PROVIDER to suffer damages in an amount that is difficult to ascertain with certainty. PROVIDER has made a reasonable estimate to determine the damages caused by late payments generally and has used this estimate to set a liquidated damages late fee amount. The current late fee is listed in the Price List or can be provided upon request. PROVIDER reserves the right to change the late fee amount at any time in the future upon notice to you of the new amount.

D.      Delinquent accounts may be suspended or canceled at PROVIDER’S sole discretion; however, charges will continue to accrue until the account is canceled.  If CUSTOMER discontinues the Service or the Service is discontinued for non-payment, he/she will be required, in addition to payment of all overdue balances, to pay a reconnect charge or trip charge (where applicable) before reconnection.

E.       PROVIDER may charge a service fee for all returned checks and bankcard or charge card charge backs.

F.      CUSTOMER will be responsible for all expenses (including reasonable attorneys' fees) incurred by PROVIDER in collecting any amounts due in accordance with these Terms and unpaid by CUSTOMER.

3. EQUIPMENT AND SOFTWARE.

A.      The charges for the Service include (i) rental of a cable modem and other equipment, if necessary, to be installed at the CUSTOMER'S premises to permit connection of a single computer to the Service (the “PROVIDER Equipment”), (2) purchase, if necessary, of an Ethernet card for installation in CUSTOMER'S computer, and (3) license of the Software. Connection of additional Computers may require payment of additional charges.

B.       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 PROVIDER-approved equipment to the Service. 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.  The installation, use, inspection, maintenance, repair and removal of the PROVIDER Equipment may result in service outages or potential damage to CUSTOMER Equipment.  CUSTOMER understands and accepts the risks associated with failing to back-up all existing computer files by copying them to another storage medium prior to such activities. PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, COMPUTER PERIPHERALS, FILES OR DATA.

C.       PROVIDER will install the PROVIDER Equipment and Software. CUSTOMER acknowledges that the use of the Service may periodically require updates and/or changes to the Software.  PROVIDER may enter CUSTOMER'S premises and have access to CUSTOMER'S Computer periodically during the term hereof to install, connect, inspect, maintain, repair or alter the PROVIDER Equipment or associated hardware or the Software, or to disconnect and remove the PROVIDER Equipment.

D.      PROVIDER shall have the right to upgrade the PROVIDER Equipment and Software from time to time through "downloads" from the network or otherwise, to conform the PROVIDER Equipment and Software to its current network specifications. This may include limitations on the throughput available through individual modems.

E.       If CUSTOMER is not the owner of the premises upon which PROVIDER Equipment and Software are to be installed, CUSTOMER warrants that he/she has obtained the consent of the owner of the premises for PROVIDER personnel or its agents to enter the premises.  CUSTOMER agrees to indemnify and hold PROVIDER harmless from any claim resulting from a breach of this warranty. 

F.         PROVIDER Equipment. (i) With the exception of the Ethernet card, the PROVIDER Equipment is and at all times shall remain the sole and exclusive personal property of PROVIDER, and CUSTOMER shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the PROVIDER Equipment to the CUSTOMER'S residence or otherwise. Upon installation by PROVIDER, the Ethernet card shall become and shall remain the sole and exclusive personal property of CUSTOMER. (ii) CUSTOMER will not open, alter, misuse, tamper with or remove the PROVIDER 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. (iii) Upon termination of the Service, for whatever reason, CUSTOMER acknowledges that his/her right to possess and use the PROVIDER Equipment shall likewise terminate. In such event, the PROVIDER Equipment shall be returned to PROVIDER in the same condition as when received, ordinary wear and tear excepted. If the foregoing conditions are met, PROVIDER will return to CUSTOMER his/her security deposit, if any, within a reasonable time thereafter. (iv) If the PROVIDER Equipment is damaged, destroyed, lost or stolen while in CUSTOMER'S possession, CUSTOMER shall be liable for the cost of repair or replacement of the PROVIDER Equipment. If the PROVIDER Equipment is not returned to PROVIDER upon termination of the Service, CUSTOMER will pay PROVIDER the replacement cost of the PROVIDER Equipment without any reduction for depreciation, wear and tear or the physical condition of such PROVIDER Equipment.  PROVIDER may apply any security deposit to any such obligation of CUSTOMER, and collect any remaining balance from CUSTOMER. In the event any amount is deducted from the security deposit, the CUSTOMER must replace the amount so deducted.

G.       Software. (i) PROVIDER grants to the CUSTOMER a limited, non-exclusive license to use the Software, in object code form only, solely for the purpose of connecting CUSTOMER'S single Computer to the Service. This license will permit such use by CUSTOMER and any person authorized by CUSTOMER to use the Account, under any password or screen name, provided that CUSTOMER shall be responsible for all use of the Account. This license will commence upon acceptance of CUSTOMER'S subscription for the Service and will terminate immediately upon termination of the Service to CUSTOMER for any reason. PROVIDER retains all rights and interests in and to the Software. (ii) CUSTOMER is permitted to archive the Software, provided that all such copies contain the same copyright notices and proprietary markings as the original Software. CUSTOMER will not engage in, and will not permit, any other copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of, or preparation of any derivative works based on the Software, all of which are prohibited. (iii) CUSTOMER will destroy all Software and any related written material together with any copies promptly upon termination of the Service to CUSTOMER for any reason.

4. ACCEPTABLE CUSTOMER USE.  

CUSTOMER agrees at all times to adhere to the PROVIDER’S current Acceptable Use Policy.  PROVIDER, in addition to all of its other available legal or equitable remedies, may immediately suspend or terminate the Service upon any violation of the Acceptable Use Policy.

5. BREACH OF AGREEMENT. 

If CUSTOMER breaches this Agreement or fails to abide by PROVIDER'S Price List, rules, regulations or policies, PROVIDER, at its option, may discontinue the Service, remove the PROVIDER Equipment and pursue all of its other legal and equitable remedies against CUSTOMER.  Failure of PROVIDER to remove its 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. 

6. MONITORING AND ENFORCEMENT.

A.      CUSTOMER agrees that PROVIDER shall have the right, but not the obligation, to monitor all content on the Service, including chat rooms, bulletin boards, e-mail and forums, in order to determine compliance with these Terms and any rules now or hereafter established by PROVIDER.

B.       PROVIDER will have the right in its sole discretion to edit, refuse to post, request removal of, or remove any material submitted to or posted on the Service, including personal home pages. Without limiting the foregoing, or PROVIDER'S other rights under this Agreement, PROVIDER shall have the right to remove any material that PROVIDER, in its sole discretion, finds to be in violation of the provisions of these Terms, including any Acceptable Use Policy or other operating rules promulgated from time to time by PROVIDER, or otherwise to be objectionable.

C.       CUSTOMER agrees that PROVIDER has the right to take any action PROVIDER deems appropriate to protect the Service, its facilities for provision of the Service, or the PROVIDER Equipment, including but not limited to restricting or prohibiting the posting of any material that interferes with PROVIDER ability to provide the Service. CUSTOMER acknowledges and agrees that PROVIDER shall have the right to monitor the "bandwidth" utilization (i.e. volume of data transmitted) arising out of the Service provided hereunder at any time and on an on-going basis.  In its sole discretion, PROVIDER may: (i) limit excessive use of bandwidth; (ii) suspend or terminate a CUSTOMER’S Account for excessive use of bandwidth; or (iii) require CUSTOMER to upgrade CUSTOMER’S service level and pay additional fees in accordance with PROVIDER’S Price List.

D.      If PROVIDER determines that CUSTOMER has failed to comply with the Service's Acceptable Use Policy or limits on bandwidth utilization, PROVIDER may suspend CUSTOMER'S Account or home page or terminate CUSTOMER'S Account without prior notification. PROVIDER may also suspend or terminate CUSTOMER'S Account for using the Service to post content to the Internet that violates the Service's Acceptable Use Policy. If CUSTOMER'S Account is suspended, CUSTOMER will not be charged for that period of time. If CUSTOMER'S Account is terminated, CUSTOMER will be refunded any pre-paid fees minus any amount due PROVIDER.

E.       PROVIDER undertakes no obligation to review or determine the accuracy of any CUSTOMER postings.

7. USER NAME AND ADDRESS. 

CUSTOMER represents that the username selected by the CUSTOMER, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. Customer acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose then PROVIDER may immediately suspend the use of such WOW! Internet e-mail address, and CUSTOMER will indemnify and hold PROVIDER harmless for any claim or demand against PROVIDER that arises out of such selection. CUSTOMER acknowledges and agrees that PROVIDER shall not be liable to CUSTOMER in the event that PROVIDER is ordered or required, as a result of a court order or legal settlement, to desist from using or permitting the use of a particular domain name as part of a WOW! Internet e-mail address. If as a result of such action, CUSTOMER loses an e-mail address, the CUSTOMER’S sole remedy shall be the receipt of a replacement WOW! Internet e-mail address.

8. SERVICE AND REPAIRS.

PROVIDER will repair damage to or, at PROVIDER option, replace PROVIDER Equipment, modify Software, and otherwise attempt to correct interruptions of Service, due to reasonable PROVIDER Equipment wear and tear or technical malfunction, at PROVIDER 's expense. Other repair or replacement will be at CUSTOMER'S expense.

9.SERVICE INTERRUPTIONS; FORCE MAJEURE. 

Except as provided below, in the event of complete failure of the Service due to technical malfunction for twenty-four (24) consecutive hours or more, CUSTOMER is entitled to a prorated credit upon request. To qualify for an adjustment, CUSTOMER must request a credit within thirty (30) days of the failure. PROVIDER, its parent, affiliates and subsidiaries shall have no liability for interruption of Service due to circumstances beyond its control, including without limitation, acts of God, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER PROVIDER, ITS PARENT, AFFILIATES, SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE MEMBERS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. INDIVIDUAL CUSTOMERS MAY CONSIDER CERTAIN CONTENT OBJECTIONABLE AND CUSTOMERS MUST EXERCISE THEIR OWN DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SERVICE. PROVIDER DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE, THE PROVIDER EQUIPMENT AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

THE SERVICE MAY CONTAIN LINKS TO THIRD PARTY WEB SITES. THESE LINKED SITES ARE NOT UNDER THE CONTROL OF PROVIDER.  PROVIDER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. PROVIDER IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE NOR IS PROVIDER RESPONSIBLE IF THE LINKED SITE IS NOT WORKING APPROPRIATELY. PROVIDER PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PROVIDER OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS. YOU ARE RESPONSIBLE FOR VIEWING AND ABIDING BY THE PRIVACY STATEMENTS AND TERMS OF USE POSTED AT THE LINKED SITES.

PROVIDER, ITS PARENT, AFFILIATES AND SUBSIDIARIES DO NOT ENDORSE OR WARRANT, AND SHALL NOT BE RESPONSIBLE IN ANY REGARD FOR, ANY MERCHANDISE OR SERVICE ORDERED THROUGH THE SERVICE OR OTHER COMMERCIAL TRANSACTIONS. CUSTOMER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL INDEMNIFY PROVIDER, ITS PARENT, AFFILIATES AND SUBSIDIARIES FOR ALL LIABILITY IN CONNECTION THEREWITH.

NEITHER PROVIDER, ITS PARENT, AFFILIATES OR SUBSIDIARIES NOR ANY OF ITS SUPPLIERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WITH REGARD TO THE OPERATION OR REPAIR OF CUSTOMER'S EQUIPMENT, COMPUTER, OR FOR ANY LOSS OF DATA BY CUSTOMER, HOWEVER CAUSED.

EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL PROVIDER, ITS PARENT, AFFILIATES, SUBSIDIARIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE (INCLUDING THE CONTENT INCLUDED THEREIN OR THE INFORMATION SERVICE ACCESSED THEREBY), THE PROVIDER EQUIPMENT OR THE SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ACTION TAKEN TO PROTECT THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY. THIS DISCLAIMER APPLIES TO ANY DAMAGES, INJURY OR LOSS CAUSED BY ANY FAILURE IN PERFORMANCE, ERROR, DEFECT, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY OTHER CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.

CUSTOMER ACKNOWLEDGES THAT MATERIAL POSTED OR TRANSMITTED THROUGH THE SERVICE MAY BE COPIED, REPUBLISHED OR DISTRIBUTED BY THIRD PARTIES, AND WILL HOLD PROVIDER, ITS PARENT, AFFILIATES AND SUBSIDIARIES HARMLESS FOR ANY HARM RESULTING FROM SUCH ACTIONS.

CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION 9 SHALL APPLY TO ALL CONTENT OR INFORMATION SERVICE INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICE, AND ARE FOR THE BENEFIT OF PROVIDER, ITS PARENT, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE MEMBERS, EMPLOYEES AND AGENTS.

11. INDEMNIFICATION.

CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, ITS PARENT, AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OF THE SERVICE BY CUSTOMER OR OTHERWISE ARISING OUT OF THE USE OF CUSTOMER'S ACCOUNT OR EQUIPMENT.

12. ENTIRE AGREEMENT.

These Terms and any rules specified by PROVIDER for the Service established by PROVIDER now or hereafter constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter; provided that any other subscription or customer agreement or terms and conditions relating to CUSTOMER'S cable television or telephone service with PROVIDER shall remain in full force and effect.

13. TERMS AND REVISIONS.

These Terms will remain in effect until canceled by either party or superseded by revised Conditions of Subscription. CUSTOMER ACKNOWLEDGES THAT PROVIDER MAY FROM TIME TO TIME REVISE THESE TERMS. CUSTOMER SHALL BE NOTIFIED OF ANY REVISIONS ON-LINE OR OTHERWISE AND SHALL BE GIVEN THE OPPORTUNITY TO ACCEPT SUCH CHANGES OR CANCEL HIS/HER SUBSCRIPTION AND RECEIVE A REFUND OF PREPAID FEES MINUS ANY AMOUNT DUE PROVIDER. ANY REVISED AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING ON-LINE. CUSTOMER’S CONTINUED ACCESS TO OR USE OF THE SERVICE SHALL BE DEEMED CONCLUSIVE ACCEPTANCE OF THE REVISED AGREEMENT AND ITS TERMS AND CONDITIONS.

14. 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.

15. 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.

16. APPLICABLE LAW. 

This Agreement shall be construed and enforced under Colorado law.