1.) Term of Agreement
This Agreement shall remain in effect as long as your account remains open, valid or undeleted by BELMONT COUNTY GIG. The Agreement commences upon the earlier of: (1) provision of your signature, (2) activation of Service; or (3) use of the Service. Note, certain provisions in this Agreement may continue after termination.
2.) Entire Agreement
This Agreement along with its applicable addendum and the BELMONT COUNTY GIG Policies and Practices that apply to your Services together constitute the entire agreement between you and BELMONT COUNTY GIG and supersede any prior agreement, discussions, proposals, or written or oral statements.
3.) Changes to the Services or Agreement
Subject to applicable law, BELMONT COUNTY GIG reserves the right, at any time, in BELMONT COUNTY GIG’s sole discretion, to:
- Increase, add or otherwise modify fees and charges associated with the Service.
- Add to, modify or delete any provision of this Agreement or any of the BELMONT COUNTY GIG Policies and Practices, any price list(s) and/or any applicable tariffs filed by BELMONT COUNTY GIG.
- Add to, modify, or delete any aspect, feature, or requirement of the Service.
An online version of this Agreement and the BELMONT COUNTY GIG Policies and Practices, as may be changed from time to time, will be accessible at www.BelmontCountyGig.com/legal-notices or another online location as designated by BELMONT COUNTY GIG. In accordance with any applicable law, BELMONT COUNTY GIG will notify you of any material change to your Services or this Agreement. Any changes will become effective upon the specified date in the notice. Your continued use of the Service following the effectiveness of any change will constitute your consent to such change. If you do not agree to any such change, you should immediately stop using the Service and notify BELMONT COUNTY GIG that you are terminating your subscription to the Service. Additions, modifications, or deletions shall be enforceable only on a prospective basis and not retroactively.
4.) Your Subscriber Account
You represent to BELMONT COUNTY GIG that you are at least 18 years of age. You are responsible in all respects (including payment obligations) for all uses of your account and all use by others of your account is subject to the terms hereof and any applicable tariff(s) filed by BELMONT COUNTY GIG at the applicable state utility commission. For purposes of this Agreement, all use of your account, whether or not authorized by you, shall be deemed your use. You shall be responsible for ensuring that all use of your account and any usage of the Service comply fully with the provisions of this Agreement and the BELMONT COUNTY GIG Policies and Practices.
Transfer of all or a portion of the account, the Service or BELMONT COUNTY GIG’s equipment by you to any other person or entity, or to a new location, is prohibited.
5.) Charges, Credit and Deposits
You agree to pay BELMONT COUNTY GIG for your Service and for all use of your account, including applicable charges for installation, if any, and all local, state and federal fees, taxes, surcharges, and/or assessments imposed on the Service, equipment fees, charges for pay-per-use services, charges for premium channels and tiers, data usage, phone features or phone usage charges. Both the amounts and the types of charges for the Service are subject to change. Please contact your BELMONT COUNTY GIG Business representative for information regarding rates. Recurring monthly charges will be billed monthly in advance. All charges are payable on the due date specified on the bill.
If you choose to pay by credit or debit card, you authorize BELMONT COUNTY GIG to charge your credit or debit card on file for all amounts currently owed. You agree to let BELMONT COUNTY GIG know promptly of any change to your credit or debit card information including cancellation of any card or a lack of funds in your account for payment.
- BELMONT COUNTY GIG may verify your or your business’s credit standing with credit reporting agencies in accordance with applicable laws and require a deposit based on your credit standing. You expressly authorize BELMONT COUNTY GIG to inquire and receive information regarding your credit, to maintain this information in our files, and to disclose this information to relevant third parties for BELMONT COUNTY GIG’s reasonable business purposes.
- As permitted by applicable law, based on the information we receive from credit reporting agencies regarding you or your business’s credit standing, BELMONT COUNTY GIG may require you to pay a deposit as a condition of the provision of Service or BELMONT COUNTY GIG Equipment. The existence of a deposit does not exempt you from the requirement to timely pay for Services when due. You authorize BELMONT COUNTY GIG to use the deposit as payment toward any amount owed to BELMONT COUNTY GIG.
- An administrative late charge may be charged to you in the event that you fail to deliver payment for Service provided by BELMONT COUNTY GIG by the due date.
- The availability of the Service is dependent upon your maintaining current accounts with BELMONT COUNTY GIG for your Services.
- If your account is past due and BELMONT COUNTY GIG sends a collector to your premises, a field collection fee may be charged. The current field collection fee is listed in the list of charges on the price list and/or any applicable tariffs or can be provided on request.
- If you discontinue your Service, or if any Service is discontinued for any reason including non-payment, you may be required, in addition to payment of all outstanding balances on all accounts with BELMONT COUNTY GIG, to pay a reconnect charge or trip charge (where applicable) before reconnection.
- BELMONT COUNTY GIG may charge a service fee for all returned checks and account debit, bank card or charge card chargebacks. The current service fee is listed in the list of charges on the price list or can be provided on request.
- If you wish to dispute a bill, you must notify BELMONT COUNTY GIG within 30 days of the disputed bill. If you fail to notify BELMONT COUNTY GIG by this date, you may waive your right to a refund or credit. If BELMONT COUNTY GIG, in its sole discretion, determines that a credit is due, the credit will appear on your next monthly bill.
6.) Right to Access Premises
You authorize BELMONT COUNTY GIG to access the property at which the Service(s) and/or BELMONT COUNTY GIG equipment will be provided to you (the “Premises”) to install, configure, maintain, upgrade, inspect, repair, change, remove or replace the Service, wiring and/or equipment to ensure proper operation and delivery of our Service. You represent and warrant that you are either the owner of the Premises or, that you are authorized by the owner of the Premises to permit BELMONT COUNTY GIG to access the Premises for these purposes. You grant BELMONT COUNTY GIG any and all required easements to provide the Services to you and others within the same cable system. BELMONT COUNTY GIG is only obligated to make repairs to your Premises if we cause damage due to negligence on our part.
7.) Installation, Equipment and Cabling
BELMONT COUNTY GIG may provide or lease to you equipment, including associated accessories or software, (“BELMONT COUNTY GIG Equipment”) for use with the Service. The BELMONT COUNTY GIG Equipment may be provided for a fee or at no cost to you.
- The BELMONT COUNTY GIG Equipment is and at all times shall remain the sole and exclusive personal property of BELMONT COUNTY GIG, and you shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Equipment to your business or otherwise.
- You will not open, alter, misuse, tamper with or remove the BELMONT COUNTY GIG Equipment as and where installed by BELMONT COUNTY GIG, and will not remove any markings or labels from the BELMONT COUNTY GIG Equipment indicating BELMONT COUNTY GIG ownership or serial or identity numbers. You will safeguard the BELMONT COUNTY GIG Equipment from loss or damage of any kind, and (except for any self-installation procedures approved by BELMONT COUNTY GIG) will not permit anyone other than an authorized representative of BELMONT COUNTY GIG to perform any work on the BELMONT COUNTY GIG Equipment.
- Upon termination of Service, for whatever reason, you acknowledge that your right to possess and use the BELMONT COUNTY GIG Equipment shall likewise terminate. In such an event, the BELMONT COUNTY GIG Equipment shall be returned to BELMONT COUNTY GIG in the same condition as when received, ordinary wear and tear excepted. You will promptly return the BELMONT COUNTY GIG Equipment or notify BELMONT COUNTY GIG to schedule retrieval by BELMONT COUNTY GIG. If you do not promptly return the BELMONT COUNTY GIG Equipment or schedule retrieval, BELMONT COUNTY GIG may enter any premises where the BELMONT COUNTY GIG Equipment may be located for the purpose of disconnecting and retrieving the BELMONT COUNTY GIG Equipment. Failure of BELMONT COUNTY GIG to remove its BELMONT COUNTY GIG Equipment shall not be deemed abandonment. You will pay the expense incurred by BELMONT COUNTY GIG in any retrieval of the unreturned BELMONT COUNTY GIG Equipment. BELMONT COUNTY GIG may charge you a continuing monthly fee until any remaining BELMONT COUNTY GIG Equipment is returned, collected by BELMONT COUNTY GIG or fully paid for by you in accordance with the below. The current fee can be provided on request.
- If the BELMONT COUNTY GIG Equipment is damaged, destroyed, lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of the BELMONT COUNTY GIG Equipment. If the BELMONT COUNTY GIG Equipment is not returned to or retrieved by BELMONT COUNTY GIG upon termination of Service, you will pay BELMONT COUNTY GIG, on demand, the replacement cost of the BELMONT COUNTY GIG Equipment without any deduction for depreciation, wear and tear or the physical condition of such BELMONT COUNTY GIG Equipment. You agree that if you fail to return the BELMONT COUNTY GIG Equipment, BELMONT COUNTY GIG can charge your bank or credit card or account (if debit authorization has been obtained from you) the amounts described herein, in addition to any other remedies or collection efforts.
- Upon termination of Service, subject to applicable law and regulation, BELMONT COUNTY GIG may, but shall not be obligated to, remove any cabling installed by BELMONT COUNTY GIG on your premises.
- BELMONT COUNTY GIG may change or upgrade your equipment to ensure optimal functionality with or without notice to you and you agree that such changes may be performed by BELMONT COUNTY GIG at any time and in any manner.
BELMONT COUNTY GIG grants you a limited, non-exclusive, nontransferable and non-assignable license to use BELMONT COUNTY GIG’s software, including software from third party licensors, (together, the “Licensed Software”) solely in connection with the Service. You agree not to engage in, or permit, any copying, translation, alteration, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited. Your right to use the Licensed Software terminates promptly upon termination of this Agreement or applicable Service. BELMONT COUNTY GIG retains all right, title and interest in the Licensed Software and other intellectual property rights in the software.
9.) Subscriber Conduct
The Service is offered and provided under this Agreement as a commercial service for reasonable commercial use only.
- You may not receive, use or assist others in receiving or using the Service in an unauthorized manner.
- You will not resell or redistribute (whether for a fee or otherwise) the Service, or any portion of the Service, or otherwise charge others to use the Service, or any portion of the Service.
- The Service shall not be used in any way that may violate the law, your Agreement, third party property rights or other rights in the BELMONT COUNTY GIG Policies and Practices.
BELMONT COUNTY GIG may suspend your account, or cancel your account with notice as required by applicable law if BELMONT COUNTY GIG determines in its discretion that you have violated this Agreement or any of the BELMONT COUNTY GIG Policies and Practices. If your account is suspended, you will not be charged for that period of time during which you do not receive the Service. If your account is cancelled, you will be refunded any pre-paid fees minus any amounts due to BELMONT COUNTY GIG. You agree that BELMONT COUNTY GIG shall have the right to take any action that BELMONT COUNTY GIG deems appropriate to protect the Service or BELMONT COUNTY GIG’s facilities and Equipment, including reporting incidents to law enforcement and pursuing any other available remedy or right. Although BELMONT COUNTY GIG has no legal obligation to do so, BELMONT COUNTY GIG retains the right to monitor the Services to ensure compliance with this Agreement.
10.) Service Interruptions; Force Majeure
Service interruptions may occur for maintenance, testing or other system interactions from time to time, with or without notice. Power outages may also interrupt availability of the services and may result in disruption of access to 911 service. Unless otherwise specified, you will not be entitled to a refund, credit or other compensation for such loss of service or unavailability. Should BELMONT COUNTY GIG choose to issue a credit, it will be provided on the next practicable bill for the Service issued by BELMONT COUNTY GIG to you. BELMONT COUNTY GIG shall have no liability for interruption of the Service due to circumstances beyond its control, including without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
11.) Disclaimer of Warranties
THE SERVICES, BELMONT COUNTY GIG EQUIPMENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE OR FITNESS FOR PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLED BY, AND INCAPABLE OR EXCLUSION, RESTRICTION, OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. BELMONT COUNTY GIG MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, COMPLETE, VIRUS OR MALWARE FREE. YOU FURTHER AGREE THAT ALL USE OF THE SERVICE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING: BELMONT COUNTY GIG DOES NOT MAKE ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA BELMONT COUNTY GIG’S FACILITIES OR THE SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR PHONE COMMUNICATIONS. YOU AGREE THAT BELMONT COUNTY GIG WILL NOT BE LIABLE FOR ANY SUCH AUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND PHONE COMMUNICATIONS.
You understand that the installation, use, inspection, maintenance, repair, replacement or removal of the Services, BELMONT COUNTY GIG Equipment or Software may result in damage to your computer(s) or other hardware, including software and data files stored thereon. You shall be solely responsible for backing up all existing computer files prior to the performance of any of the foregoing activities. BELMONT COUNTY GIG shall not have any liability, and expressly disclaims any responsibility whatsoever, for any damage to or loss or destruction of any software, hardware, data or files.
In no event (including negligence) will BELMONT COUNTY GIG or any person or entity involved in providing the Services or BELMONT COUNTY GIG 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 or inability to access emergency 911/E911 services and alarm monitoring services, any action taken to protect the Services, or the breach of any warranty.