Terms & Conditions
1. Introduction. Prime Time Communication, L.L.C. (“Company”) will provide the Services to Customer (“You”), at the Address (the “Premises”) subject to these terms and conditions. You represent that you are at least 18 years of age, competent to enter into this Agreement and authorized to permit the delivery of the Services and installation of Company owned equipment (the “Equipment”) at the Premises. The Company may change the nature, content, availability and pricing of the Services or Equipment at any time in its sole discretion upon thirty (30) days notice. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements.
2. Payment. You agree to pay any and all charges, damages and costs that you or anyone using the Services at the Premises incurs including, but not limited to, applicable, taxes, customer service fees, late fees and door collection fees. Monthly fees are billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed at 2% per month (or such lower rate as set by law) and the Services may be terminated. You may be required to pay a reconnect fee and/or a security deposit in addition to all past due charges before the Service is reconnected. You authorize Company to ask for, receive and use information about your credit history.
3. Other Responsibilities. You may not assign, transfer, resell or sublicense the Service to anyone. You are solely responsible and liable for any and all breaches of this Agreement, including breaches caused by someone else using your equipment. You will immediately notify the Company about any changes in your account.
4. Company Equipment. The Equipment belongs to the Company and you will not remove it from the Premises or relocate it within the Premises. The Company may relocate the Equipment for you within the Premises at your request for an additional charge. If you relocate to a new address, this Agreement shall automatically terminate and you must return the Equipment or be charged for its full value. You may not modify or tamper with the Equipment or the Services, or permit any other person to do so.
5. Your Equipment. Your computer and other equipment you own to use the Services must comply with the Company’s minimum technical requirements which are available upon request and may be changed at Company’s sole discretion. You understand that failure to comply with this restriction may cause damage to the Company’s network and subject you to liability for damages and/or criminal prosecution. The Company has no responsibility of any kind for your computer or other equipment.
6. Delivered Content. Company does not monitor or control the content of any Services. Company reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in Company’s possession about or related to you, your use of the Services or otherwise as Company deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
7. Transmitted Content. You are solely responsible and liable for all material that you upload, post, email, transmit or otherwise make available via the Services. If you make any material available for inclusion on publicly accessible areas of the Service, you grant Company a world-wide, royalty free and non-exclusive license to use your material including, but not limited to, the right to copy, distribute, publicly perform, publicly display, transmit, publish your name in connection with the material, and to prepare derivative works.
8. No Spam or Bulk Email. Company will immediately terminate your Services if it determines, in its sole discretion, that you are transmitting or otherwise connected with any “spam” or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, you agree to pay Company liquidated damages of five dollars (U.S. $5.00) for each piece of “spam” or unsolicited bulk email transmitted from or otherwise connected with yourServices. Company reserves the right to block, reject or remove what it considers in its sole discretion to be “spam” or other unsolicited bulk email from the Service and Company shall have no liability for blocking any email considered to be “spam.”
9. Termination. Either party may terminate this Agreement without cause on one (1) business day’s notice. Upon termination, you will pay in full for any Equipment and Service up to the later of the effective date of termination of this Agreement or the date on which the Service and any Equipment have been disconnected and returned to Company. You will permit Company to access the Premises at a reasonable time to remove any Equipment and other material provided by Company. You will ensure the immediate return of any Equipment to Company.
10. Disclaimer of Warranties and Limitation of Liability. You expressly agree that Company is not responsible or liable for any content, act or omission of any third party. The Company’s sole liability is to give you a credit on your charges due to any outages or interruptions caused solely by Company. THE SERV ICE AND ANY EQUIPMENT IS PROV IDED TO YOU “AS IS” W ITHOUT WARRANTY OF ANY KIND. ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED. AND DISCLAIMED.
11. Indemnifications. You agree to indemnify and hold Company, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys’ fees, asserted by Company or any third party due to or arising out of your use of or conduct on the Service.