Terms & Conditions

CONTINUUM™ SUBSCRIBER AGREEMENT

In consideration of Continuum Communications System’s (Continuum) activating and/or installing, and/or provisioning of the Services that I have requested and/or receive, subject to applicable law, I AGREE AS FOLLOWS:

1. IMPORTANT INFORMATION ABOUT THIS AGREEMENT

(a) This Agreement, the Work Order, the Acceptable Use Policy, and any effective and applicable Tariff(s), each of which Continuum may amend as set forth below, constitute the entire agreement between Continuum and me. This Agreement supersedes all previous written or oral agreements between Continuum and me. I am not entitled to rely on any oral or written statements by Continuum’s representatives relating to the subjects covered by these documents, whether made prior to the date of my Work Order or thereafter, and Continuum will have no liability to me except in respect of its obligations as described in this Agreement and the other documents referred to above. The use of my Services by any person other than me is also subject to the terms of this Agreement, the Acceptable Use Policy, and any applicable Tariff(s).

(b) Continuum has the right to add to, modify, or delete any term of this Agreement, the Acceptable Use Policy, the Subscriber Privacy Notice, or any applicable price lists or Tariff(s) at any time. The current version of this Agreement, the Acceptable Use Policy, and applicable price lists or Tariff(s), as so changed from time to time, will be available at www.Continuum.com or another online location designated by Continuum, or can be obtained by calling or visiting the local Continuum office. The online versions of these documents are always the most current versions.

(c) Continuum will notify me of any significant change(s) in this Agreement, the Acceptable Use Policy, the Subscriber Privacy Notice or any applicable price lists or Tariff(s). Any such changes shall be-come effective immediately except where applicable law requires a notice period, in which case the change will become effective at the end of the requisite notice period. Upon effectiveness of any change to any of these documents, my further use of any of the Services will constitute my consent to such change and my agreement to be bound by the terms of the document as so changed. If I do not agree to any such change, I will immediately stop using the Services and notify Continuum that I am terminating my Services account. (d) My acceptance of Services constitutes my acceptance of the terms and conditions contained in this Agreement. In the event that a portion of my Services is terminated, or any aspect of it is changed, any remaining service or replacement service will continue to be governed by this Agreement.

2. BILLING, CHARGES, AND PAYMENTS

(a) I agree to pay Continuum for all use of my Services, installation and applicable service charges, Continuum Equipment, and all applicable local, state and federal fees and taxes. Charges for the Services that I receive are set forth on a separate price list that I have received and/or can be provided on request. I will be billed monthly in advance for recurring monthly charges. Other charges will be billed as soon as practicable, usually in the next monthly billing cycle following use, or as otherwise specified in the price list. Continuum may change both the fees and the types of charges (e.g., periodic, time-based, use-based) for my Services after provid-ing notice as described above. If I participate in a promotional offer that requires a minimum time commitment and I terminate early, I agree that I am responsible for any early termination fees that were described to me at the time that I agreed to take Service(s) under the terms of the promotional offer.

(b) Charges for installation Services and related Continuum Equipment available from Continuum for a standard Services installation are described in Continuum’s list of prices and any applicable Tariff(s) and/or can be provided on request. Non-standard installations, if available, may result in additional charges as described in Con-tinuum’s list of charges or may require a specific price quote. In addition, I agree to pay charges for repair service calls resulting from my misuse of Continuum Equipment or for repair service calls resulting from failures of any equipment which was not supplied by Continuum.

(c) If my Services account is past due and Continuum sends a collector to my premises, a field collection fee may be charged. The collection fee is available on request, or may be listed on the current price list. I am responsible for all collection related expenses (including rea-sonable attorneys’ fees, field collection fees, and costs and collec-tion agency fees) incurred by Continuum in collecting any amounts not paid by me and due under this Agreement.

(d) All charges are payable on the due date specified, or as otherwise indicated, on my bill. I agree that late charges may be assessed, subject to applicable law, on amounts that are past due. My failure to deliver payment by the due date is a breach of this Agreement. Late fees, if applicable, will not exceed the maximum late fees as set forth by applicable law. Continuum reserves the right to change the late fees.

(e) I agree that if my Services account with Continuum is past due, Continuum may terminate any of my Services or accounts, including Voice Service, in accordance with this Agreement and applicable law. If I have a credit due to me or a deposit is being held on any ac-count with Continuum, I agree that the credit or deposit may be used to offset amounts past due on any other account I may have with Continuum without notice to me. To reconnect any terminated Ser-vices, I may be required, in addition to payment of all outstanding balances on all accounts with Continuum, to pay reconnect charges or other charges (where applicable) and/or security deposits before reconnection.

(f) Continuum may verify my credit standing with credit reporting agen-cies and require a deposit based on my credit standing or other applicable criteria. Continuum may require a security deposit from me as a condition of providing or continuing to provide Services or as a condition of receiving Continuum Equipment. If Continuum requires a security deposit, the obligations of Continuum regarding such security deposit will be governed by the terms of the currently effective Continuum Credit Requirements Policy. In addition, a bank or credit card or account debit authorization from me may be re-quired as a condition of providing or continuing Services. I agree that Continuum may deduct amounts from my security deposit, bill any bank or credit card submitted by me, or utilize any other means of payment available to Continuum, for any past due amounts pay-able by me to Continuum, including charges related to damaged or unreturned Continuum Equipment.

(g) If I have elected to be billed by credit card, debit card, electronic check, or ACH transfer, I agree that I will automatically be billed each month for any amounts due under this Agreement. If I make payment by check, I authorize Continuum and its agents to collect this item electronically.

(h) Continuum may charge fees for all returned checks and account debit, bank card or charge card charge backs. The current return/chargeback fees are listed in the List of Charges on the Price List or can be provided upon request. Continuum reserves the right to change return/chargeback fees. Continuum reserves the right to re-fuse payments by check on an account where prior check payments have been returned due to insufficient funds.

(i) I assume full responsibility for all use of my Services. All use of my Services, whether or not authorized by me, will be deemed my use and I will be responsible in all respects for all such use, including for payment of all charges attributable to my account (e.g. for VOD, pay-per-view, merchandise ordered via internet, international long distance charges, etc.). Continuum is entitled to assume that any communications made through my Services or from the location at which I receive the Services are my communications or have been authorized by me, and I authorize Continuum to provide Services to the person making such communications. My Services may contain or make available information, content, merchandise, products and services provided by third parties and for which there may be charges payable to third parties. I agree that all such charges incurred by me or attributed to my account will be my sole and exclusive responsibility and agree to pay the same when due, and shall indemnify and hold harmless Continuum for all liability for such charges. I agree that MI3 Connection is not responsible or liable for the quality of any content, merchandise, products or services (or the price thereof) made available to me via the Services, for the representations or warranties made by the seller or manufacturer of any such item, or for damage to or injury, if any, resulting from the use of such item.

(j) I acknowledge that currently, and from time to time, there is uncer-tainty about the regulatory classification of some of the Services Continuum provides and, consequently, uncertainty about what fees, taxes and surcharges are payable to the relevant govern-mental authority by Continuum and/or its customers. Accordingly, I agree that Continuum has the right to determine, in its sole discre-tion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, and/or to pay and pass them through to me. I further agree to waive any claims against Continuum and to hold Continuum harmless for any Con-tinuum collection or remittance of such fees, taxes and surcharges which are made by Continuum in good faith. I further understand that I may obtain a list of the currently applicable fees, taxes and surcharges from my local Continuum office.

(k) I agree that Continuum has no obligation to notify me of, or change my rate to reflect, offers it may make to consumers that contain different prices for Services (or packages of Services) that are the same as, or similar to, the Services I receive.

3. EQUIPMENT AND INSTALLATION

a)  If I am not the owner of the house, apartment or other premises upon which Continuum Equipment and Software are to be installed, I war-rant that I have obtained the consent of the owner of the premises for Continuum personnel and/or its agents to enter the premises. I agree to indemnify and hold the Continuum Parties harmless from and against any claims by the owner, occupant, or user of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys’ fees).

(b) I authorize Continuum to take any action necessary for the installation, maintenance, or removal of Continuum Equipment as I have authorized by requesting and using the Services. Except for dam-ages caused by negligence, I will hold Continuum harmless from any claims arising from any installation of Services and Continuum Equipment by Continuum, its agents or contractors. This includes, without limitation alteration or change in appearance to any building or structure such as holes in walls, visible wires, chipped or marred paint, etc., which may remain after installation or removal of the Continuum Equipment.

(c) The Continuum Equipment is and at all times shall remain the sole and exclusive personal property of Continuum, and I agree that I do not become an owner of any Continuum Equipment by virtue of the payments provided for in this Agreement or the Tariff(s), having possession of the equipment, or the attachment of any portion of the Continuum Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Continuum may, but shall not be obligated to, retrieve any associated Continuum Equipment not returned by me as required below. Continuum will not be deemed to have “abandoned” the Continuum Equipment if it does not retrieve such equipment.

(d) I agree to provide Continuum and its authorized agents access to my premises during regular business hours upon reasonable notice during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace, alter or disconnect or remove the Continuum Equipment, to install Software, to conduct theft-of-service audits, or to check for signal leakage. I agree that Continuum may have reasonable access to easements and premises which contain Continuum Equipment located at my address.

(e) Continuum shall have the right to upgrade, modify and enhance Continuum Equipment and Software from time to time through “downloads” from Continuum’s network or otherwise. Without limiting the foregoing, Continuum may, at any time, and consistent with the terms governing the Services to which I subscribe, employ such means to limit or increase the throughput available through individual cable modems whether or not provided by Continuum.

(f) If any of the Services are terminated, I agree that I have no right to possess or use the Continuum Equipment related to the terminated Services. I agree that I must arrange for the return of Continuum Equipment to Continuum, in the same condition as when received (except ordinary wear and tear), upon termination of the Services. If I do not promptly return the Continuum Equipment or schedule with Continuum for its disconnection and removal, Continuum may enter any premises where the Continuum Equipment may be located for the purpose of disconnecting and retrieving the Continuum Equipment. I will pay any expense incurred by Continuum in any retrieval of the unreturned Continuum Equipment. Continuum may charge me, and I agree to pay a continuing monthly fee until any outstanding Continuum Equipment is returned, collected by Continuum or fully paid for by me.

(g) I agree I have a duty to take reasonable care of all Continuum Equipment located on my premises or in my possession. I agree to pay Continuum liquidated damages in the amount specified in the Equipment Recovery Process document or other Continuum Equipment documents provided with the Continuum Equipment, without any deduction for depreciation, wear and tear or physical condition of any Continuum Equipment under the following circumstances:

(i) if I tamper with, or permit others to tamper with, Continuum Equipment

(ii) if the Continuum Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, even if I exercised due care to prevent such destruction, loss, or theft, or

(iii) if the Continuum Equipment is damaged while in my possession, whether or not due to circumstances beyond my reason-able control, and even if I exercised due care to prevent such damage. I agree that these liquidated damages are reasonable in light of the problem of theft of cable Services; the existence of a “black market” in Continuum Equipment; the ability of third parties to steal Services with unlawfully obtained Continuum Equipment, causing loss of revenues for installation and service fees; and the difficulty in determining the actual damages that arise from the unauthorized tampering with, loss, destruction, or theft of Continuum Equipment. I agree to return any damaged Continuum Equipment to Continuum. Liquidated damages will not apply to Continuum Equipment which is dam-aged by equipment malfunction through no fault of my own.

(h) I agree that Continuum may place equipment and cables on my premises to facilitate the provision of Services to me and to other locations in my area. The license granted under this section shall survive the termination of this Agreement unless and until it is terminated by a minimum 90 days notice in writing.

4. Continuum EQUIPMENT, MAINTENANCE AND SOFTWARE USE OF SERVICES

(a) I agree that Continuum has the right to add to, modify, or delete any aspect, feature or requirement of the Services (including con-tent, price, equipment, and system requirements). If Continuum changes its equipment requirements with respect to any Services, I acknowledge that I may not be able to receive such Services utilizing my then-current equipment. Upon any such change, my continued use of Services will constitute my consent to such change and my agreement to continue to receive the relevant Services, as so changed, pursuant to this Agreement, the Acceptable Use Policy, and the applicable price lists or Tariff(s). If I participate in a promotional offer for any Service(s) that covers a specified period of time, I agree that I will pay the promotional price for such Service(s) during the time specified and I will pay the normal charges applicable to the Service(s) after the time specified. I agree that Continuum shall have the right to add to, modify, or delete any aspect, feature or requirement of the relevant Service(s), other than the price I am charged, during such promotional period.

(b) If I have requested residential Services, I agree that the Services I use will only be for reasonable personal, non-commercial use (non business use). I will not resell or redistribute (whether for a fee or otherwise) the Services, or any portion thereof, or charge others to use the Services, or any portion thereof. Among other things:

(i) If I receive Video Service, I agree not to use the Video Services for the redistribution or retransmission of programming to any other person located outside the location identified in the Work Order or for any enterprise purpose whether or not the enter-prise is directed toward making a profit. I agree that, among other things, my use of the Services to transmit or distribute the Video Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose. I acknowledge that programs and other materials that I receive as part of the Video Service remain part of the Video Service even if I record or capture all or a portion of any such program or material in a data file or on a hard drive, DVR or similar device.

(ii) If I receive Voice Service, I agree not to use the Services for telemarketing, call center, medical transcription or facsimile broadcasting services or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of the Services to make avail-able my Voice Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose.

(iii) If I receive High Speed Data Service, I agree not to use the High Speed Data Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the High Speed Data Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of any form of transmitter or wide area network that enables persons or entities outside the location identified in the Work Order to use my Services, whether or not a fee is sought, will constitute an enterprise purpose. Furthermore, if I use a wireless network within my residence, I will limit wireless access to the High Speed Data Service to the members of my household by taking reasonable steps to prevent unauthorized use such as by establishing and using a secure password or similar means.

(c) Theft or willful damage, alteration, or destruction of Continuum Equipment, or unauthorized reception, theft or diversion of Services, or assisting such theft, diversion, or unauthorized reception is a breach of this Agreement and potentially punishable under law (including by way of statutory damages, fine and/or imprisonment). Nothing in this Agreement, including the imposition of liquidated damages under Section 3 (g) above shall prevent Continuum from enforcing any rights it has with respect to theft or unauthorized tampering of Services or Continuum Equipment under applicable law.

(d) I will not, nor will I allow others to, open, alter, misuse, tamper with or remove the Continuum Equipment as and where installed by Continuum or use it contrary to this Agreement, the Acceptable Use Policy, or the applicable price lists or Tariff(s). I will not, nor will I allow others to remove any markings or labels from the Continuum Equipment indicating Continuum ownership or serial or identity numbers. I will safeguard the Continuum Equipment from loss or damage of any kind, including accidents, breakage or house fire, and will not permit anyone other than an authorized representative of Continuum to perform any work on the Continuum Equipment.

(e) I agree that to the extent any Software is licensed (or sublicensed) to me by Continuum, such Software is provided for the limited purpose of facilitating my use of the Services as described in this Agreement. I will not engage in, or permit, any additional 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. I will return or destroy all Software provided by Continuum and any related written materials promptly upon termination of the associated Services to me for any reason.

(f) I agree that I will use the Services for lawful purposes only, and in accordance with this Agreement, the Acceptable Use Policy and the applicable prices lists or Tariff(s) to the extent this information is acquired by any other person (through no fault of Continuum), Continuum may assume that I have authorized such person’s use of information.

(g) I agree to be responsible for protecting the confidentiality of my screen names, passwords, personal identification numbers (PINs), parental control passwords or codes, and any other security measures made available, recommended or required by Continuum. I also acknowledge that Continuum’s Services may from time to time include interactive features, the use of which may result in the transmission to, and use by, Continuum or certain third parties of information that may constitute personally identifiable information (as such term is used in the Federal Communications Act of 1934) about me and for which Continuum may be required, under the Federal Communications Act of 1934, to obtain my consent. I agree that Continuum may seek such consents (or indications of my consent by my election to “opt in” to certain Continuum programs) electronically, including through the use of a “click through” screen, and that Continuum is entitled to assume that any such consent or opt-in election communicated through my Services or from the location at which I receive the Services is my consent which has been authorized by me.

5. SPECIAL PROVISIONS REGARDING VOICE SERVICE

(a) Continuum’s Voice Service is an enhanced direct dialed voice communications service whereby voice communication is converted to Internet Protocol (“IP”) and carried, in part, over high speed data (internet) access. Voice Service includes certain calling and call management features or advanced features, subject to change from time to time. This service may be generically referred to as “Voice over IP” or “VoIP”. Continuum’s Voice Service is not traditional telecommunications voice or phone service and it is separate and distinct from standard local, local toll, and long distance services. Continuum provides its Voice Service on a best efforts basis. Number portability and comparable seven digit dialing and local calling areas should be available to subscribers of Continuum’s Voice Service. Voice Service is subject to different regulatory treatment than traditional telecommunications service and this treatment may limit or otherwise affect your rights of redress before regulatory agencies.

(b) I acknowledge that the voice-enabled cable modem, called a multimedia terminal adapter or “MTA”, used to provide the Voice Service is electrically powered and that the Voice Service, including the ability to access 911 Services and home security and medical monitoring Services, may not operate in the event of an electrical power outage, electrical power disruption, or if my High Speed Data Service (broadband or internet) is disrupted or not operating. I acknowledge that, in the event of a power outage in my home, any battery included in my MTA may enable back-up service for a limited period of time or not at all, depending on the circumstances, and that inclusion of the battery does not ensure that Voice Service will be available in all circumstances. I also acknowledge that, in the event of a loss of power that disrupts my local Continuum cable system, the battery in my MTA will not provide back-up service and the Voice Service will not be available. I acknowledge that a power outage or disruption may require me to reset or reconfigure my MTA or phone equipment prior to utilizing the Voice Service. I acknowledge the MTA service requirements and installation notice in the two paragraphs below:

(i) The MTA allows connectivity from a regular phone handset (I must supply my own phone handset) to my High Speed Data Service (broadband or internet). I am responsible to keep my MTA configured per Continuum’s operating standards. In addition, Voice Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications. Continuum reserves the right to terminate my Voice Service if I should tamper with the MTA. Activities that are considered as tampering are, including but not limited to, changing of the electronic serial number or equipment identifier of the MTA or to perform a factory reset of the MTA with express permission from Continuum.

(ii) I agree to allow Continuum to use and connect to my existing telephone inside wiring, as long as Continuum has reasonable access to it. I acknowledge that I have the right to give Continuum access to the existing telephone inside wiring, and that in order to make the connection, Continuum must first disconnect my existing telephone inside wiring from the network of my existing telephone provider, which may disable any ser-vices I receive from them. Continuum is not responsible for the quality of my existing telephone inside wiring. If my Voice Service installation requires Continuum to rewire my existing telephone inside wiring in part or entirety then additional installation charges may apply based on the existing price list or Tariff or by specific quote.

(c) I agree that Continuum will not be responsible for any losses or dam-ages arising as a result of the unavailability of the Voice Service, including the inability to reach 911 or other emergency Services, or the inability to contact my home security system or remote medical monitoring service provider. I acknowledge that Continuum does not guarantee that the Voice Service will operate with my home security and/or medical monitoring systems, and that I must contact my home security or medical monitoring provider in order to test my system’s operation with the Voice Service. I agree that I am responsible for the cost of any such testing or any fees for configuring my home security or medical monitoring system to work with the Voice Service. Other non-voice communication equipment may or may not be compatible with the Continuum Voice Service, including but not limited to, fax machines, modems, rotary-dial phone hand-sets, answering machines, traditional Caller ID units, private branch exchange (PBX) equipment and other analog phone devices. Also, casual/dial around (10- 10) calling and certain toll exchanges such as 1-900 numbers may or may not be supported. I agree to use the Voice Service at my own risk and waive any claim against Continuum for interference with or disruption of such devices or systems.

(d) The location and service address associated with my Voice Ser-vice will be the address identified on the Work Order and thereby attached to my account. I ACKNOWLEDGE THAT I AM SOLELY RE-SPONSIBLE TO CORRECTLY IDENTIFY THE ACTUAL CURRENT AND CORRECT PHYSICAL STREET ADDRESS LOCATION WHERE MY VOICE SERVICE AND MTA WILL BE LOCATED AND THAT FAILURE TO DO SO MAY RESULT IN 911 COMMUNICATIONS BEING MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER OR INCOR-RECT DISPATCH OF EMERGENCY PERSONNEL TO AN INCORRECT ADDRESS. I acknowledge that, under Section 4 (c) (ii) of this Agreement, I am not permitted to move Continuum Equipment from the location and address in which it has been installed. Furthermore, if I move my MTA to an address different than that identified on the Work Order, calls from such modem to 911 emergency service operators to be coming from the address identified on the Work Order and not the new address. I agree and acknowledge that Continuum is not responsible for loss or damages as a result of my failure to move the MTA to another location from where it was installed with-out Continuum’s approval.

(e) I agree that in the event of a material error or omission affecting my directory listing information, regardless of form or fault by Continuum, including the erroneous inclusion in published directory listings of any information that I intend not to have published, my sole remedy shall be a service credit in an amount set by Continuum’s then-current standard policies or an amount prescribed by applicable regulatory requirements, whichever is greater. Continuum shall have no other liability for errors, omissions or mistaken inclusions in directory listings.

(f) Continuum and its agents, contractors, and suppliers reserve the right to delete my Voice Mail, call detail, data, files, or other information that is stored on Continuum and its agents, contractors, and suppliers’ servers or systems, as a result of either termination of my Continuum Voice Service or in accordance with its storage policies. I agree that Continuum has no liability as a result of loss or removal of any such Voice Mail, call detail, data, files, or other information.

(g) I agree to be liable for all authorized or unauthorized use of my Voice Service at my premises. I agree to notify Continuum immediately in writing or by calling the local Continuum office if I become aware at any time that the MTA has been stolen or that my Voice Service is being used without my authorization or has been stolen.

(h) Local Number Portability. In the event that you are not utilizing or taking a new phone number for your Continuum Voice Service, but rather are transferring an existing phone number, which is currently subscribed to a carrier other than Continuum or its agents for lo-cal, local toll, and/or long distance telecommunication services, the terms and conditions of the following four paragraphs apply:

(i) I hereby authorize Continuum or its agents to process my order for Voice Service and to notify my local telephone provider of my decision to switch my local, local toll, and long distance services to Continuum, and represent that I am authorized to take this action. I further acknowledge that I have signed or will sign a Letter of Authorization (LOA) to allow such transfer of phone number called a “port”.

(ii) I agree and acknowledge that if I or Continuum personnel setup my MTA for Voice Service prior to the date that the number port becomes effective, I may not be able to make or receive calls over the phone that is connected to the MTA. Continuum will schedule my estimated port effective date. I acknowledge that Continuum does not control the port effective date and my current local telephone provider may not meet the estimated port effective date.

(iii) I agree and acknowledge that I must not disconnect or termi-nate my service with my local telephone provider until after the port becomes effective. I acknowledge that disconnecting or terminating my local telephone service prior to the port effec-tive date may result in a failed port and could result in losing my existing phone number.

(iv) I acknowledge that I am completely and totally responsible for requesting disconnection or termination of my local, local toll, and long distance service with my local provider after the port to Continuum has taken place. I agree to waive any claim against Continuum for my failure to disconnect or terminate service with my prior local telephone provider.

6. SPECIAL PROVISIONS REGARDING HIGH SPEED DATA SERVICE

(a) Speeds and Network Management. I acknowledge that each tier or level of the High Speed Data Service has limits on the maximum speed at which I may send and receive data at any time, as set forth in the price list or Acceptable Use Policy or specific contract with Continuum. The maximum speed at which I send and receive data may be achieved in bursts, but generally will not be sustained on a consistent basis due to the nature of the internet, the protocols used to transmit data to and from the internet, and Continuum facilities. I understand that the actual speeds I may experience at any time will vary based on a number of factors, including the capabilities of my Computer, wiring at my location, time of day I use the Service, internet congestion, the technical properties of the websites, con-tent and applications that I access, and network management techniques employed by Continuum. I agree that Continuum (including any Internet Service Provider which Continuum contracts to provide my internet service) may change the speed of any tier by amending the price list or Acceptable Use Policy and providing notice as described in this Agreement. My continued use of the High Speed Data Service following such notice will constitute my acceptance of any new speed. I also agree that Continuum may use technical means, or tools, including but not limited to suspending or reducing the speed of my High Speed Data Service, to ensure compliance with its Acceptable Use Policy and to ensure that its service operates efficiently. I further agree that Continuum (including any Inter-net Service Provider which Continuum contracts to provide my data service) has the right to monitor my bandwidth usage patterns to facilitate the provision of the High Speed Data Service and to ensure my compliance with the Acceptable Use Policy and to efficiently manage its network and the provision of services. Continuum (including any Internet Service Provider which Continuum contracts to provide my data service) may take such steps as it determines appropriate in the event my usage of the High Speed Data Service does not comply with the Acceptable Use Policy. I acknowledge that High Speed Data Service does not include other services managed by Continuum and delivered over Continuum shared infrastructure, including Video Service and Voice Service.

b)  I acknowledge that material I post or transmit through the High Speed Data Service may be copied, republished or distributed by third par-ties, and I will hold Continuum, its agents and contractors harmless for any harm resulting from such actions.

(c) I may rent a cable modem from Continuum or may purchase a DOCSIS-compliant, Continuum approved cable modem from a third party provider. Continuum reserves the right to provide service only to users with Continuum-approved DOCSIS-compliant modems. Modems that are not Continuum approved may not function as in-tended and may not receive Continuum advertised Services.

(d) I grant to Continuum, and I represent, warrant and covenant that I have all necessary rights to so grant, the non-exclusive, world-wide, royalty-free, perpetual, irrevocable, right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display in any media all material posted on the public areas of High Speed Data Service via my account and/or to incorporate the same in other works, but only for purposes consistent with operation and promotion of the High Speed Data Service.

(e) I agree that unsolicited email, or “spam,” is a nuisance and that Continuum (including any Internet Service Provider which Continuum contracts to provide my data service) is entitled to establish limits on the volume of email that I send if Continuum has reasonable cause to believe I am abusing my Service. Such volume limits may be set by reference to a number of emails per day, week, month or year.

(f) Unfiltered Internet Access. I acknowledge that Continuum (including any Internet Service Provider which Continuum contracts to provide my data service) provides a connection to the Internet that may be unfiltered, and that Continuum neither controls nor assumes responsibility for any content on the Internet that I may receive, see or access or content that is posted by a subscriber. If Continuum (including contractors of Continuum) makes Parental Control Features available, I acknowledge that such Parental Control Features may not be entirely effective or foolproof and that notwithstanding such Features, I or members of my household may be exposed to unfiltered content.

(g) I agree that Continuum (including any Internet Service Provider which Continuum contracts to provide my data service) has the right, but not the obligation, to edit, refuse to post or transmit, request removal of, or remove or block any material transmitted through, submitted to or posted on the High Speed Data Service, if it determines in its discretion that the material is unacceptable or violates the terms of this Agreement, any Continuum consumption limits, the Acceptable Use Policy, or any contract with Continuum. Such material might include personal home pages and links to other sites. In addition, I agree that, under such circumstances, Continuum may suspend my account (Service), take other action to prevent me from utilizing certain privileges (e.g., home pages) or cancel my account for using all or part of the High Speed Data Service in a manner that violates the Agreement or the Acceptable Use Policy or any contract with Continuum.

(h) Responsibility for High Speed Data Provider. Continuum (including any Internet Service Provider which Continuum contracts to provide my data service) has responsibilities for the High Speed Data Service. I acknowledge that Continuum (including any Internet Service Provider which Continuum contracts to provide my data service) may have one or more separate agreements, policies or other terms covering my rights and obligations with regard to the High Speed Data Service that are also binding on me. This Agreement does not obligate Continuum to have any relationship or obligation to any Internet Service Provider or On-Line Provider features or services that may otherwise be provided to me by an Internet Service Provider or On-Line Provider over the Continuum High Speed Data Service. In the event of termination of the High Speed Data Service, I must also contact my Internet Service Provider or On-Line Provider to ensure that these other features or services (such as dial-up access) are properly continued or discontinued.

(i) Computer Requirements. I agree that I am solely and fully responsible to assure each Computer I use on the High Speed Data Service meets any minimum hardware and software requirements that may be specified for the High Speed Data Service, and that such requirements may be changed from time to time by Continuum (including any Internet Service Provider which Continuum contracts to pro-vide my data service) or my Internet Service Provider, or On-Line Provider.

7. FRANCHISE INFORMATION FOR VIDEO SERVICE

a) I understand that my Video Service is provided under a franchise agreement with the local government entity in whose jurisdiction I reside, or under a North Carolina state franchise, where applicable. Local Franchise Information is located in the Continuum lobby at 435 South Broad Street, Mooresville, NC 28115. Regulatory Information may be obtained from the Federal Communications Com-mission – Cable Services Bureau -Consumer Protection Division, 445 12th St. S.W., Washington, DC 20554 (phone 202-418-7200). State franchise information is available at http://www.secretary. state.nc.us/cable/ThePage.aspx.

8. SUPPORT; SERVICE AND REPAIR

(a) My Services include the right to request reasonable service and maintenance calls to check and correct problems with the Services. Continuum will, at its own expense, repair damage to or, at Continuum’s option, replace Continuum Equipment, and otherwise attempt to correct interruptions of the Services, due to reasonable Continuum Equipment wear and tear, or technical malfunction of the system or network operated by Continuum. Continuum is not responsible for customer premise wiring even if installed by Continuum.

(b) Unless I have obtained a Continuum service protection plan (if available in my area), I agree that I am responsible for all wiring, equipment and related software installed in my residence that is not Continuum Equipment or Continuum-licensed Software and Continuum will have no obligation to install, connect, support, maintain, repair or replace any computer, television, telephone or telephone answering device, audiovisual recording or playback device (e.g., VCR, DVR, DVD), audio equipment, any software, or any cable modem, cabling or other equipment (other than Continuum Equipment or Continuum-licensed Software). Continuum will not support, re-pair, replace, or maintain any Network Interface Card, regardless of whether provided and installed by Continuum.

(c) I agree that Continuum has no responsibility for the operation of any equipment, software or service other than the Services, the Continuum Equipment and the Continuum-licensed Software. For instance, I acknowledge that certain commercially available televisions, converter boxes and recording devices, which may be identified by their manufacturers as “cable ready” or “digital cable ready,” may not be able to receive or utilize all available Services without the addition of a Continuum converter box or other Continuum Equipment for which a fee may be charged. I further acknowledge that, even if Continuum furnishes other Continuum Equipment to me that is compatible with my equipment, my equipment may not receive all Services available to customers using a Continuum converter box. If I receive High Speed Data Service, Continuum has no responsibility to support, maintain or repair any equipment, software or service that I elect to use in connection with the High Speed Data Service, whether provided by my Internet Service Provider, my On-Line Provider or a third party. For assistance with technical problems arising from such equipment, software or Services, I will refer to the Subscriber Materials for information regarding the technical support provided by my Internet Service Provider or On-Line Provider or to the support area of the Internet Service Provider or On-Line Provider or to the relevant third party’s material.

(d) If Continuum determines that non-Continuum cabling or equipment connecting my residence to Continuum Equipment installed at my address (i.e., at a ground block) is the cause of a service problem, I agree that Continuum may charge me to resolve such service problem. If available from Continuum in my area, I may subscribe to a Continuum service protection plan that covers service related calls within my residence. If any other support Services are avail-able from Continuum, such Services will be at additional charges as described in Continuum price list or by specific quote.

9. SERVICE INTERRUPTIONS; FORCE MAJEURE

(a) I agree that Continuum has no liability for delays in or interruption to my Services, except that if for reasons fully within Continuum’s rea-sonable control, for more than twenty-four (24) consecutive hours, 

(i) service on all cable channels is interrupted or

(ii) there is a complete failure of the High Speed Data Service,

(iii) there is a complete failure of my Voice Service, Continuum will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Continuum will issue credits for pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event shall Continuum be required to credit me an amount in excess of applicable service fees. Continuum will make any such credit on the next practicable bill for my Services. State and local law or regulation may im-pose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control.

(b) I acknowledge and agree that Continuum may conduct maintenance from time to time that may result in interruptions of my Services.

(c) Continuum shall have no liability for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, performance failures by par-ties outside the control of Continuum (e.g., electrical power outage, or fiber or cable damage caused by third parties) computer viruses or worms, labor disputes, strikes, lockouts or interruptions, vehicle accidents or weather.

(d) Continuum is only obligated to provide the above-referenced credits for loss of Services if Continuum is billing me for the Service at the time of the outage. If my Internet Service Provider or On-Line Provider is billing me, I will look solely to my Internet Service Provider or On-Line Provider, as applicable, for a credit with respect to the High Speed Data Service.

10. REVIEW AND ENFORCEMENT

(a) Continuum may suspend or terminate all or a portion of my Ser-vices without prior notification if Continuum determines in its sole discretion that I have violated this Agreement, the Acceptable Use Policy or any Tariff(s), or any customer specific contract even if the violation was a one-time event. If all or a portion of my Services are suspended, I will not be charged for the relevant Services during the suspension. If my account is terminated, I will be refunded any pre-paid fees minus any amounts due to Continuum.

(b) If I receive High Speed Data Service, I acknowledge that Continuum has the right, but not the obligation, to review content on public areas of the High Speed Data Service, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and the Continuum Acceptable Use Policy.

(c) I agree that Continuum shall have the right to take any action that Continuum deems appropriate to protect the Services, Continuum’s facilities or Continuum Equipment.

11. TERMINATION OF SERVICE

(a) Either Continuum, or I, each in its sole discretion, may terminate all or any portion of my Services at any time for any or no reason, in accordance with the Agreement and applicable law.

(b) If I am moving or wish to terminate all or any portion of my Services for any reason, I will notify Continuum by phone or visit the local Continuum office to set up a disconnect appointment prior to the last day of residency and I will provide Continuum with access to my premises to disconnect the relevant Services and recover the Continuum Equipment specified on the work order. Continuum will terminate services on the date I request, if practical and if sufficient notice is given. Continuum will schedule a service call to remove Continuum Equipment as soon as practical based on staffing, holidays, weekends, and other relevant factors. Upon termination of Service, any free, promotional or discounted Service or offering is also terminated.

(c) I can terminate my Services only as specified in this Agreement. I cannot terminate my Services by writing “Cancelled” (or any other messages) on my bill or check, or by making a disconnect appointment that does not result in Continuum’s physical recovery of the Continuum Equipment. In addition, I agree that any restrictive endorsements (such as “paid in full”), releases or other statements on or accompanying checks or other payments accepted by Continuum shall have no legal effect.

(d) I acknowledge that notice given by me to Continuum of termination of my Services may not be sufficient to terminate billing by any third party for additional or continuing services. I assume responsibility for any additional notice of termination required to any third party. I agree that I am solely responsible for contacting any third party in addition to Continuum to ensure that all such Services are terminated in accordance with the third party’s terms of service, if applicable.

12. DISCLAIMER OF WARRANT; LIMITATION OF LIABILITY

(a) I AGREE THAT THE SERVICES ARE PROVIDED BY Continuum ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MER-CHANTABILITY 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 THIS AGREEMENT. Continuum MAKES NO WAR-RANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE Continuum EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, I AGREE THAT MY USE OF THE HIGH SPEED DATA SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PUR-CHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT MY SOLE RISK. I FURTHER AGREE THAT Continuum IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR POR-TION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CON-TENT ON MY DVR. WITHOUT LIMITING THE FOREGOING:

(i) ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY Continuum OR ANY OTHER THIRD PARTY THAT IS NOT PART OF THE SERVICES AS DEFINED HEREIN AND ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND Continuum HAS NO RESPONSIBILI-TY OR LIABILITY FOR ANY SUCH PRODUCTS OR SERVICES; AND

(ii) Continuum DOES NOT MAKE ANY WARRANTIES AS TO THE SE-CURITY OF MY COMMUNICATIONS VIA Continuum’s FACILITIES OR THE SERVICES (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE SERVICES, OR OUTSIDE THE SERVICE TO OR THROUGH THE INTERNET), OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR MY COMPUTER(S) OR ONLINE (INCLUDING VOICE) COMMUNICA-TIONS. I AGREE THAT Continuum WILL NOT BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. I HAVE THE SOLE RESPONSI-BILITY TO SECURE MY COMPUTER AND ONLINE (INCLUDING VOICE) COMMUNICATIONS.

(b) I ACKNOWLEDGE THAT Continuum’s OR MY INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE SERVICES, Continuum EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO MY COMPUTER(S), TELEPHONES AND TELEPHONE ANSWERING DEVICES, TELEVISIONS, RECORDING AND PLAYBACK DEVICES, AUDIO EQUIPMENT, OR ANY CABLE MODEM, CABLING OR OTHER EQUIPMENT OR HARDWARE, INCLUDING SOFT-WARE AND DATA FILES STORED THEREON. I SHALL BE SOLELY RE-SPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER OR OTHER SOFTWARE OR DATA FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE Continuum PARTIES, OR THEIR VENDORS, LICENSEES OR PROGRAMMERS, SHALL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSI-BILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUC-TION OF ANY EQUIPMENT, SOFTWARE, HARDWARE, DATA OR FILES.

(c) EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY Continuum PARTY OR ANY PERSON OR ENTITY INVOLVED IN CRE-ATING, PRODUCING OR DISTRIBUTING THE SERVICES (INCLUDING THE CONTENT INCLUDED THEREIN OR THE SERVICES ACCESSED THEREBY) OR EQUIPMENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THE USE OF OR INABILITY TO USE EMERGENCY 911 SERVICES, FOR ANY ERRORS, OMISSIONS, MISTAKEN INCLUSIONS OR PUBLICA-TION OF ANY DIRECTORY LISTING INFORMATION, REGARDLESS OF FORM; OR FOR ANY ACTION TAKEN BY Continuum TO PROTECT THE SERVICES OR THE BREACH BY Continuum OF ANY WARRANTY.

(d) I AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OR SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICES, AND ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY Continuum. ITS AGENTS AND CONTRACTORS.

13. PRIVACY

(a) My privacy interests, including my ability to limit disclosure of certain information to third parties, are addressed by, among other laws, the Federal Communications Act of 1934, as amended, and the Federal Electronic Communications Privacy Act. Personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in the Continuum Privacy Policy delivered to me by Continuum. I acknowledge receipt of the Continuum Privacy Policy (separate document), which is deemed to form a part of this Agreement, and expressly consent to the collection, use and disclosure of personally identifiable and other information as described in the Continuum Privacy Policy, as it may be amended from time to time.

(b) I agree that, in addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, Continuum shall have the right (except where prohibited by law notwithstanding my consent), but not the obligation, to disclose any information to protect its respective rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. I consent to such actions or disclosures.

14. CONSENT TO PHONE & EMAIL CONTACT

(a) I consent to Continuum to use and call the phone numbers that I supplied to Continuum for any purpose, including the marketing of its current and future Services. I agree that these phone calls may be made using any method, including an automatic dialing system or an artificial or recorded voice. Upon my request, the phone numbers I have previously provided will be removed from Continuum’s phone marketing list. I can make this request by calling or writing my local Continuum office and asking to be placed on Continuum’s Do Not Call List.

(b) I acknowledge that being included in any state or federal “do not call” registry will not be sufficient to remove me from Continuum’s phone marketing list. (c)  I consent to Continuum emailing me, at any email address, including that of a wireless or mobile device, that I provide to Continuum (or that Continuum issues to me in connection with the High Speed Data Service), for any purpose, including the marketing of Continuum‘s current and future Services. If my wireless or mobile provider charges me for receipt of such messages, I acknowledge and agree that I am responsible for paying such charges. I may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing my local Continuum office.

15. ARBITRATION EXCEPT FOR CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUD-ING, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRI-ATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLU-TION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE, EXCEPT THAT IF THE PROHIBITION AGAINST CONSOLIDATED OR CLASS ACTION ARBI-TRATIONS SET FORTH ABOVE IS FOUND TO BE UNENFORCEABLE THEN THE ENTIRETY OF THIS ARBITRATION CLAUSE SHALL BE NULL AND VOID.

16. INDEMNIFICATION

I agree to defend, indemnify and hold harmless the Continuum Parties from and against any and all claims and expenses, including reason-able attorneys’ fees, arising out of or related in any way to my use of the Services or otherwise arising out of the use of my account or any equipment or facilities in connection therewith, or my use of any other Continuum products or Services or any Internet Service Provider’s or On-Line Provider’s products or Services.

17. TERM

This Agreement will remain in effect until terminated by either party or superseded by a revised Subscriber Agreement.

18. INTERPRETATION; SEVERABILITY

This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable franchise agreement between a governmental authority and Continuum except as explicitly stated in Section 15. “Arbitration.” In the event that any portion of this Agree-ment 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 this Agreement shall remain in full force and effect.

19. CONSENT TO ELECTRONIC NOTICE

I agree that unless otherwise specified, all notices required or contemplated hereunder will be provided by Continuum by such means as Continuum shall determine in its discretion. Without limiting the foregoing, I agree that Continuum may provide any notices required or contemplated hereunder or by applicable law, including notice of changes to this Agreement, Acceptable Use Policy, the applicable price lists or Tariff(s), or the Continuum Privacy Policy, by electronic means (for example, email or online posting). An online version of this Agreement, the Acceptable Use Policy, the Continuum Privacy Policy and any applicable price lists or Tariff(s), as so changed from time to time, will be accessible at www. Continuum.com or another online location designated by Continuum, or a hard copy can be obtained by calling or visiting the local Continuum office.

20. WAIVER

I agree that failure by Continuum to enforce any of its rights hereunder shall not constitute a waiver of any such rights. 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.

21. ASSIGNMENT

I understand that my Services are being provided only to the location identified on my Work Order and that I am not allowed to transfer all or any portion of the Services, or Continuum’s Equipment, to any other person, entity or location, including a new residence. I agree that I may not assign or transfer this Agreement. Continuum may transfer or assign any portion or all of this Agreement at any time without notice to me, and I waive any such notice which may be required.

22. EFFECT OF APPLICABLE LAW; RESERVATION OF RIGHTS

This Agreement, the Work Order, and Acceptable Use Policy are sub-ject to all applicable federal, state or local laws and regulations in ef-fect in the relevant jurisdiction(s) in which I receive my Services. If any provision of this Agreement, the Work Order, or Acceptable Use Policy contravene or are in conflict with any such law or regulation, or if I am entitled to more favorable rights under any such law or regulation than are set forth in any provision in this Agreement, the Work Order, or Acceptable Use Policy, then the terms of such law or regulation, or the rights to which I am entitled under such law or regulation, shall take priority over the relevant provision of this Agreement, the Work Order, or Acceptable Use Policy. If the relevant law or regulation applies to some but not all of my Service(s), then such law or regulation will take priority over the relevant provision of this Agreement, the Work Order, or Acceptable Use Policy only for purposes of those Service(s) to which the law or regulation applies. Except as explicitly stated in this Agreement, nothing contained in this Agreement shall constitute a waiver by me or Continuum of any rights under applicable laws or regulations pertaining to the installation, operation, maintenance or removal of the Services, facilities or equipment.

23. PARENTAL CONTROL DEVICE

I acknowledge that I have been advised of the availability of Continuum’s parental control device which can filter or block certain video program-ming. Additional information about the device is available at the Con-tinuum contact number in the Subscriber Materials.

24. CONFLICTING TERMS

In the event of a conflict in terms and conditions this Agreement and the Work Order, then the terms and conditions of this Agreement shall control.

25. DEFINITIONS

(a) “Acceptable Use Policy” refers to use of data/internet Services in regards to acceptable or unacceptable uses or activities of High Speed Data Services.

(b) “Agreement” means this Subscriber Agreement, as it may be amended from time to time by Continuum.

(c) “Computer” means the personal computer(s) located at my location that will be used to access the High Speed Data Service, as specified on the accompanying Work Order.

(d) “DVR” means a set-top box or other device enabled with a digital video recorder that is provided to me by Continuum.

(e) “High Speed Data Service” means the online content, features, functions and Services (which may include Internet access) as provided over the Continuum Communications System.

(f) “Me,” “My,” and “I” mean the account holder identified on the Work Order who is authorized by Continuum to access and use the Ser-vices.

(g) “Continuum Equipment” means any equipment provided by Con-tinuum to me including, but not limited to, wire, cable, cable conduit, splitters, junction boxes, converter boxes (also known as “set top” boxes), decoders, CableCARDTM, terminals, cable modems, voice-enabled cable modems (MTA), remote control units, and any other equipment or materials provided to me by Continuum for use in connection with the receipt of Services. Continuum Equipment does not include any Network Interface Card (“NIC”) installed in my Computer.

(h) “Continuum Privacy Policy” (separate document) refers to the policy that Continuum has adopted to protect customer information and meet the requirements of federal law and state law if applicable.

(i) “MTA” stands for multimedia terminal adapter which is a voice-en-abled cable modem that is required for Voice Service.

(j) “Services” means any and all services provided to me by Continuum, which may include Video Service, High Speed Data Service, Voice Service, and equipment based services such as digital video re-corder services.

(k) “Subscriber Materials” means the handbooks, manuals and other guide materials provided by Continuum or any third party (including ISP or OLP) regarding use of the Services.

(l) “Tariff” refers to Continuum’s price lists and could include any regu-lated service pricing and/or policies.

(m) “Video Service” means video and/or audio programming services such as basic, standard, digital and premium services. It may also include services provided on a per-channel or per-program basis, pay-per-play, pay-per-view, or VOD. It is also generically referred to as cable or CATV service.

(n) “VOD” means video on demand. (o)  “Voice Service” refers to a direct dialed voice communication service whereby voice communication is converted to Internet Protocol (“IP”). This service may be generi-cally referred to as “voice over IP” or VOIP. This service provides users the ability to send and receive local and/or long distance calls and to access additional related features and functions through Continuum’s communications network.

(p)  “Work Order” means the Continuum work order used to install, update, or commencement of my Services.