DIGITAL INTERACTIVE SERVICES LIMITED (“DISL”) AGREEMENT FOR PREPAID SERVICE
About This Agreement, Our Services and Your Rights
READYTV® Prepaid Service (the “Service”) will be provided to you (“you,” “your,” or “Customer”) on the terms and conditions set forth in this Agreement for READYTV Prepaid Service (the “Agreement”) by the operating company DISL, DIGITAL INTERACTIVE SERVICES LIMITED (“DISL”) that owns and/or operates the cable television system in your area (“READYTV,” “we,” “us,” or “our”). For purposes of this Agreement, “affiliate” means any entity that controls, is controlled by or is under common control with DISL. We may change our prices, fees, the Service and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, any changes to this Agreement will take effect ten (10) days after they are posted at www.readytv.com. You may not modify this Agreement by making any typed, handwritten or any other changes to it for any purpose.
GENERAL TERMS AND CONDITIONS
- ACCEPTANCE OF THIS AGREEMENT
You will have accepted this Agreement and be bound by its terms if you use the Service or otherwise indicate your affirmative acceptance of such terms.
- CHARGES AND BILLINGS
- Charges, Fees, and Taxes You Must Pay. You agree to pay for the Service. You acknowledge that your payment is for a period of days of the Service determined at the time of your purchase. YOU WILL BE RESPONSIBLE FOR PAYING ANY GOVERNMENT IMPOSED FEES AND TAXES APPLICABLE TO THE SERVICES. If you are renewing the Service, price information is available at readytv.com (or an alternate site provided to you).
- Service Period. After activation or renewal, the Service is provided for the period of days determined by your purchase, except as otherwise set forth in this Agreement. You must pay for additional renewal periods prior to the expiration of your current period to avoid an interruption of the Service.
- Third-Party Charges That Are Your Responsibility. You acknowledge that you may incur charges with third-party service providers. You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of any payment card and other personal information provided to others in connection with such transactions.
- Payment by Credit/Debit Card. If you use a credit/debit card to pay for the Service, use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. If DISL does not receive payment from your credit/debit card issuer or its agents, you agree to pay all amounts due upon demand.
- Collection Costs. If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and/or court costs.
- Your Responsibilities Concerning Billing Questions. Subject to applicable law, if you intend to dispute a charge or request a credit, you must contact DISL within sixty (60) days of the date that the charge was incurred. You waive any disputes or credits that you do not report within sixty (60) days.
- Refunds. Subject to applicable law or the terms of any agreements with governmental authorities, DISL will not refund any prepaid amounts for the Service.
- CHANGES TO SERVICE
Subject to applicable law, we have the right to change the Service, including rates or charges at any time with or without notice. We also may rearrange, delete, add to, or otherwise change features or offerings contained in the Service including, but not limited to, Customer Equipment (as defined in Section 4(b) requirements, speed, and upstream and downstream rate limitations. If we do give you notice, it may be provided as an e-mail, in a newspaper or other communication permitted under applicable law.
- ACCESS TO YOUR PREMISES AND CUSTOMER EQUIPMENT
- Premises. You agree to allow us and our agents the right to enter your property (the “Premises”) at reasonable times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing or removing the Service and/or installing, configuring, maintaining, inspecting, or upgrading, Customer Equipment used to receive any of the Service. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises.
- Customer Equipment. Customer Equipment means software, hardware or services that you elect to use in connection with the Service or READYTV Equipment, including hardware which you have purchased from us or our agents. You agree to allow us and our agents the rights to insert hardware in the Customer Equipment, send software and/or “downloads” to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment and READYTV Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. If you are not the owner of the Customer Equipment, you are responsible for obtaining any necessary approval from the owner to allow us and our agents’ access to the Customer Equipment to perform the activities specified above. In addition, you agree to supply us or our agents, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Customer Equipment to perform the activities specified above.
- MAINTENANCE AND OWNERSHIP OF EQUIPMENT
- Customer Equipment.
- Responsibility: DISL has no responsibility for the operation or support, maintenance, or repair of any Customer Equipment including, but not limited to, Customer Equipment to which DISL or a third party has sent software or “downloads.” You agree by using the Service, you are enabling and authorizing DISL, its authorized agents and equipment manufacturers to send code updates to the READYTV Equipment and Customer Equipment at any time it is determined necessary to do so as part of the Service. Such code updates may change, add or remove features or functionality of any such equipment or the Service. You can find DISL’s current minimum technical and other requirements for the Service at www.readytv.com. Whether a set up box, antenna, digital adapter, digital converter, or other device is owned by you or us, we have the unrestricted right, but not the obligation, to upgrade or change the firmware in these devices remotely or on the Premises at any time that we determine it necessary or desirable in order to provide the Service to you in accordance with our specifications and requirements.
- Non-Recommended Configurations: Customer Equipment that does not meet DISL’s minimum technical or other specifications constitutes a “Non-Recommended Configuration.” NEITHER DISL NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE OR USE THE SERVICE. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOU, YOUR PREMISES OR READYTV EQUIPMENT. NEITHER DISL NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. DISL reserves the right to deny you customer support for the Service and/or terminate the Service if you use a Non-Recommended Configuration.
- No Unauthorized Devices or Tampering: You agree not to attach or assist any person to attach, any unauthorized device to our cable network, READYTV Equipment or the Service. If you make or assist any person to make any unauthorized connection or modification to READYTV Equipment or the Service or any other part of our cable network, we may terminate your Service and recover such damages as may result from your actions.
You also agree that you will not attach anything to the Inside Wiring, READYTV Equipment, or Customer Equipment, whether installed by you or us, which singly or together impairs the integrity of our cable network or degrades our cable network’s signal quality or strength or creates signal leakage.
You also agree that we may recover damages from you for tampering with any READYTV Equipment or any other part of our cable network or for receiving unauthorized Service. You agree that it would be difficult, if not impossible, to calculate precisely the lost revenue resulting from your receipt of unauthorized Service or the tampering with READYTV Equipment or our cable network. You therefore agree to pay us as liquidated damages, the sum of $500.00 United States Dollars per device used to receive the unauthorized Service in addition to our cost to replace any altered, damaged, or unreturned READYTV Equipment or other equipment owned by DISL, including any incidental costs. The unauthorized reception of the Service may also result in criminal fines and/or imprisonment.
- Inside Wiring. You may install Inside Wiring, such as additional cable wiring and outlets, provided it does not interfere with the normal operations of our cable network. If you have us install Inside Wiring, we will charge you for that service. Regardless of who installed it, we consider the Inside Wiring your property or the property of whomever owns the Premises. Accordingly, you are responsible for the repair and maintenance of the Inside Wiring, unless you and DISL have agreed otherwise in writing. (If you do not own the Premises, contact your landlord or building manager about the repair or maintenance of Inside Wiring.) If you have us repair or maintain the Inside Wiring, we will charge you for that service.
- USE OF THE SERVICE
You agree that the Service will be used only for personal, residential, non-commercial purposes unless otherwise specifically authorized by us in writing. You agree and represent that you will not resell or permit another to resell the Service in whole or in part. You will not use or permit another to use the Service, directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted DISL policy applicable to the Service. Use of the READYTV Equipment or the Service for transmission, communications or storage of any information, data or material in violation of any local regulation or law is prohibited.
You acknowledge that you are accepting this Agreement on behalf of all persons who use the Service at the Premises and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable ReadyTv policies including, but not limited to, acceptable use and privacy policies. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Service. You agree to indemnify, defend and hold harmless DISL and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorneys’ fees) arising out of the use of the Service, the READYTV Equipment and/or the Customer Equipment or the breach of this Agreement or any of the applicable ReadyTv policies by you or any other user of the Service at the Premises.
The ReadyTv Acceptable Use Policy (“AUP”) and other policies concerning the Service are posted on the Service’s website at www.readytv.com. You further agree that DISL may modify the AUP or other policies from time to time. Notwithstanding anything to the contrary in this Agreement, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS OF THE AUP AND ANY OTHER APPLICABLE READYTV POLICIES MAY BE PUT INTO EFFECT OR REVISED FROM TIME TO TIME WITH OR WITHOUT NOTICE BY POSTING A NEW VERSION OF THE AUP OR POLICY AS SET FORTH ABOVE. YOU AND OTHER USERS OF THE SERVICE SHOULD CONSULT THE AUP AND ALL POSTED POLICIES REGULARLY TO CONFORM TO THE MOST RECENT VERSION.
This Agreement and the Service furnished hereunder may not be assigned by you. You agree to notify us immediately of any changes of ownership or occupancy of the Premises. We may freely assign our rights and obligations under this Agreement with or without notice to you.
- TERMINATION OF THIS AGREEMENT
- Term. This Agreement will be in effect from the time that the Service is activated until (1) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (2) it is replaced by a revised Agreement.
- Suspension and Termination by DISL. Under the conditions listed below, DISL reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Service and/or to remove from the Service any information transmitted by or to any authorized users. DISL may take these actions if it: (1) determines that your use of the Service does not conform with the requirements set forth in this Agreement, (2) determines that your use of the Service interferes with DISL’s ability to provide the Service or other ReadyTv services to you or others, (3) reasonably believes that your use of the Service may violate any laws, regulations, or written and electronic instructions for use, (4) reasonably believes that your use of the Service interferes with or endangers the health and/or safety of our personnel or third parties, or (5) determines, in its sole discretion, to discontinue the Service. ReadyTv’s action or inaction under this Section shall not constitute review or approval of your or any other users’ use of the Service or information transmitted by or to you or users.
- Your Obligations Upon Termination. You agree that upon termination of this Agreement you will immediately cease all use of the Service and all READYTV Equipment. Upon our request during regular business hours at a time agreed upon by you and us, you will permit us and our employees, agents, contractors and representatives to access the Premises during regular business hours to remove all READYTV Equipment and other material provided by DISL.
- LIMITED WARRANTY
THE READYTV EQUIPMENT AND THE SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DISL NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THE READYTV EQUIPMENT OR THE SERVICE WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER DISL NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY
- Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of DISL and its underlying third-party service providers, agents suppliers, distributors, licensors and business partners (and their respective officers, employees, agents, contractors or representatives) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.
- Customer Equipment. CUSTOMER EQUIPMENT MAY BE DAMAGED OR SUFFER SERVICE OUTAGES AS A RESULT OF THE INSTALLATION, SELF-INSTALLATION, USE, INSPECTION, MAINTENANCE, UPDATING, REPAIR, AND REMOVAL OF READYTV EQUIPMENT, CUSTOMER EQUIPMENT AND/OR THE SERVICE. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER DISL NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY DISL, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF FIVE HUNDRED UNITED STATES DOLLARS (US$500). THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
YOU UNDERSTAND THAT YOUR CUSTOMER EQUIPMENT MAY NEED TO BE OPENED, UPDATED, ACCESSED OR USED EITHER BY YOU OR BY US OR OUR AGENTS, IN CONNECTION WITH THE INSTALLATION, UPDATING OR REPAIR OF THE SERVICE. THE OPENING, ACCESSING OR USE OF YOUR CUSTOMER EQUIPMENT USED IN CONNECTION WITH THE SERVICE MAY VOID WARRANTIES PROVIDED BY THE CUSTOMER EQUIPMENT MANUFACTURER OR OTHER PARTIES RELATING TO THE CUSTOMER EQUIPMENT’S HARDWARE OR SOFTWARE. NEITHER READYTV NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR AGENTS, SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
- Other Services or Equipment. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST DISL FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE READYTV EQUIPMENT OR THE SERVICE AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICE.
- Software.When you use certain features of the Service, such as online features (where available), you may require special software, applications, and/or access to the Internet. DISL makes no representation or warranty that any software or application installed on Customer Equipment, downloaded to Customer Equipment, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Customer Equipment from damage to its software, files and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Service if a virus or other harmful feature or software is found to be present on your Customer Equipment. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your Customer Equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your Customer Equipment. NEITHER DISL NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
In addition, as part of the installation process for the software and other components of the Service, system files on your Customer Equipment may be modified. DISL does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files. DISL does not represent, warrant or covenant that the installation of the special software or applications or access to our Web portal(s) will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including, but not limited to, your computer(s). FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER DISL NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES OR DATA.
- Disruption of the Service. 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”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability or damage resulting from any interruption of the Service, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labour dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service. In all other cases of an interruption of the Service, you shall be entitled upon a request made before the end of your current Service Period, to one day of additional Service for any Service interruption exceeding six consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH ADDITIONAL SERVICE PERIOD SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF THE SERVICE. Any additional Service Periods provided by DISL are at our sole discretion and in no event shall constitute or be construed as a course of conduct by DISL.
- Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide components of the Service including, without limitation, their services, equipment, infrastructure or content. DISL is not responsible for the performance (or non-performance) of third-party services, equipment, infrastructure or content whether or not they constitute components of the Service. DISL shall not be bound by any undertaking, representation or warranty made by an agent or employee of DISL or of our underlying third-party providers and suppliers in connection with the installation, maintenance, or provision of the Service if that undertaking, representation or warranty is inconsistent with the terms of this Agreement. In addition, you understand that you will have access to the services and content of third parties through the Service including without limitation that of content providers (whether or not accessible directly from the Service). DISL is not responsible for any services, equipment, infrastructure and content that are not provided by us (even if they are components of the Service), and we shall have no liability with respect to such services, equipment, infrastructure, and content. You should address questions or concerns relating to such services, equipment, infrastructure, and content to the providers of such services, equipment, infrastructure, and content. We do not endorse or warrant any third-party products, services, or content that are distributed or advertised over the Service.
- Damages. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER READYTV NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (a) YOUR RELIANCE ON OR USE OF THE READYTV EQUIPMENT OR THE SERVICE OR (b) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE OR REMOVAL OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, THE READYTV EQUIPMENT, OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL, OR OTHER INFORMATION OR DATA); OR
- ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE READYTV EQUIPMENT OR THE SERVICE BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
- Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
- INDEMNIFICATION AND LIABILITY OF CUSTOMER
YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS DISL AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND BUSINESS PARTNERS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICE OR READYTV EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (c) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.
- CUSTOMER PRIVACY NOTICE AND SECURITY
- You can view the most current version of our privacy notice by going to www.ReadyTv.com/customerprivacy.
- To the extent ReadyTv is expressly required to do so by applicable law, we will provide notice to you of a breach of the security of certain personally identifiable information about you. It is ReadyTv’s information security policy to provide such notice to you in the manner set forth in Section 15.
- Entire Agreement. This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between you and ReadyTv with respect to the subject matter of this Agreement, and replace any and all prior written or verbal agreements. If 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. ReadyTv does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement. Neither the course of conduct between you and ReadyTv nor trade practice shall act to modify any provision of this Agreement.
- Additional Representations and Warranties. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:
- Age: You are at least 18 years of age.
- Customer Information: During the term of this Agreement, you have provided and will provide to ReadyTv information that is accurate, complete and current, including without limitation your legal name, address, the number of devices on which or through the Service is being used. You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. Failure to provide and maintain accurate information is a breach of this Agreement.
- Information Provided to Third Parties. ReadyTv is not responsible for any information provided by you to third parties, and this information is not subject to the privacy provisions of this Agreement or the privacy notice for the Service. You assume all privacy, security, and other risks associated with providing any information, including CPNI or personally identifiable information, to third parties via the Service. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.
- Revocable License. The Service and READYTV Equipment, including, but not limited to, any firmware or software embedded in or used to provide the Service, are protected by trademark, copyright, patent and/or other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in or used to provide the Service. You shall not take any action nor allow anyone else to take any action that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
- Protection of ReadyTv’s Information and Marks. All Service information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of ReadyTv and its affiliates are and shall remain the exclusive property of ReadyTv. Nothing in this Agreement shall grant you the right or license to use any of the marks.
- Export Laws. You expressly agree to comply with all applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations. You further expressly agree not to use the Service in any way that violates any provision of such laws or their implementing regulations.
- Retention of Rights. Nothing contained in this Agreement shall be construed to limit ReadyTv’s rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, ReadyTv and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on ReadyTv’s or its suppliers’ servers or systems. In addition, you may forfeit your account user name and all e-mail, IP and Web space addresses, and voice mail. We shall have no liability whatsoever as the result of the loss of any such data, names, addresses, or numbers.
- NOTICE METHOD FOR CHANGES TO THIS AGREEMENT
We will provide you notice of changes to this Agreement consistent with applicable law. If you find the change unacceptable, you have the right to cancel your Service. However, if you continue to receive Service after the change, we will consider this your acceptance of the change.
ReadyTv may deliver any required or desired notice to you in any of the following ways, as determined in our sole discretion: (1) by posting it on READYTVprepaid.com or another website about which you have been notified, (2) by sending notice via first class U.S. postal mail or overnight mail to your Premises; (3) by sending notice to the e-mail address on ReadyTv’s account records, or (4) by hand delivery. You agree that any one of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. Because we may from time to time notify you about important information regarding the Service and this Agreement by these methods, you agree to regularly check your postal mail, e-mail and all postings at READYTVprepaid.com or on another website about which you have been notified or you bear the risk of failing to do so.
ADDITIONAL PROVISIONS APPLICABLE TO THE SERVICE
- INTELLECTUAL PROPERTY RIGHTS
- End User Licenses. You agree to comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed or used in connection with the Service as these agreements may be amended from time to time. All such agreements are incorporated in this Agreement by reference. When this Agreement terminates, all end user licenses also terminate; you agree to destroy at that time all versions and copies of all software received by you in connection with the Service.
- Ownership of Addresses. You acknowledge that use of the Service does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including, but not limited to, Internet Protocol (“IP”) addresses, e-mail addresses, and Web addresses. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes. Upon termination of the Service, we reserve the right permanently to delete or remove any or all addresses associated with the account.
- Authorization. DISL does not claim any ownership of any material that you publish, transmit or distribute using the Service. By using the Service to publish, transmit, or distribute material or content, you (1) warrant that the material or content complies with the provisions of this Agreement, (2) consent to and authorize DISL, its agents, suppliers, and affiliates to reproduce, publish, distribute, and display the content worldwide and (3) warrant that you have the right to provide this authorization. You acknowledge that material posted or transmitted using the Service may be copied, republished or distributed by third parties, and you agree to indemnify, defend, and hold harmless DISL, its agents, suppliers, and affiliates for any harm resulting from these actions.
- Copyright. Title and intellectual property rights to the Service are owned by DISL, its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. You may not copy, redistribute, resell, or publish any part of the Service without any required express prior written consent from DISL or other owner of such material.
- ADDITIONAL LIMITATIONS ON LIABILITY FOR THE SERVICE
- Responsibility for Content. You acknowledge that there is some content and material on the Internet or otherwise available through the Service that may be offensive to some individuals, may be unsuitable for children, may violate local laws, rules or regulations, or may violate your protected rights or those of others. We assume no responsibility for this content or material. Anyone who accesses such content and material does so at his or her own risk. NEITHER DISL NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS 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 OR MATERIAL BY YOU OR OTHERS. Questions or complaints regarding content or material should be addressed to the content or material provider. You acknowledge that software programs are commercially available that claim to be able to restrict access to sexually explicit or other objectionable material on the Internet. We make no representation or warranty regarding the effectiveness of such programs.
- Facilities Allocation. DISL 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 and delivered in conjunction with the Service.