1. Subscription
2. No Out of Home Wireless Access
3. Payment Terms
4. Customer Information and Privacy
5. Computer and Equipment Requirements
6. Installation
7. Acceptable Use Policy
8. Use and Posting of Material
9. Links to Third Party Websites
10. Monitoring, Restriction or Removal of Content
11. Termination or Surviving Obligations
12. Disclaimer of Warranties and Limitation of Liability
13. Imdemnification
14. Managment o Network
15. Damage to and Encumbrances on Equipment, Computer, Software
16. Governing Law and Jurisdiction
17. Miscellaneous
18. How to Contact Us

MDM is pleased you have chosen CableSpeed for your Internet access needs. Please read our Acceptable Use Policy (“AUP”) and the terms and conditions of this Agreement prior to accessing the Service. The word Customer is used herein to refer to any individual, entity or business organization that subscribes to the Service. BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS IN THE AGREEMENT AND THE AUP, AND REQUIRES OTHERS USING THE SERVICE VIA CUSTOMER’S ACCOUNT TO ABIDE BY THESE CONDITIONS AND TERMS. YOU SHOULD REVIEW THIS DOCUMENT REGULARLY TO ENSURE THAT YOUR ACTIVITIES CONFORM TO THE MOST RECENT VERSION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY STOP USING THE SERVICE AND NOTIFY CUSTOMER SERVICE SO THAT YOUR SERVICE ACCOUNT MAY BE CLOSED. YOU WILL CONTINUE TO INCUR AND BE RESPONSIBLE FOR CHARGES UNTIL YOU NOTIFY CUSTOMER SERVICE THAT YOU ARE CLOSING YOUR ACCOUNTS. MDM reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any installation package or related materials provided by MDM. This Agreement should be read in conjunction with our Acceptable Use Policy, ("AUP"), online privacy policy, and other applicable policies.

1. SUBSCRIPTION
   You acknowledge that you are at least 18 years of age. You warrant that the Customer information that you have provided and will provide to MDM during the term of this Agreement, including without limitation your legal name, address, telephone number(s), the number of computers on which the Service is being accessed and payment data (including without limitation credit card numbers and expiration dates) is accurate, complete and current. You agree to promptly notify us, 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 constitutes a breach of this Agreement.
   
   Your subscription entitles you to use the Service. Your subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact the local MDM office identified on your monthly invoice immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information.
   
   MDM will provide you with dynamic Internet protocol ("IP") address(s) as a component of the Service and these IP address(s) can and do change over time. You will not alter, modify, or tamper with these dynamic IP address(s) or those of any other customer. You agree not to use a dynamic domain name server or DNS to associate a host name with the dynamic IP address(s) for any commercial purpose. You also agree not to use any software on or in conjunction with any computer(s) or network device connected to the Service that provides for static IP address(s).
   
   You will not connect the Service or any MDM Equipment to more computers, either on or outside of the Premises, than are reflected in your account with us. You acknowledge that any unauthorized receipt of the Service constitutes theft of service, which is a violation of federal law and can result in both civil and criminal penalties. In addition, if the violations are willful and for commercial advantage or private financial gain, the penalties may be increased.
   
2. NO OUT OF HOME WIRELESS ACCESS
   Customer is prohibited from using the Service to provide a wireless out of home local area network or out of home wireless access to the Service. Customer will not resell the Service, charge others to use the Service or allow others not affiliated with Customer to use the Service. Customer will not use the Service to operate as an Internet Service Provider, a server site for co-location or commercial web hosting, e-mail hosting or other similar hosting operations or to facilitate a wireless local area network. MDM acknowledges that Customer may use a single modem to provide multiple-user access to other computers through a wired or wireless local/home area network.
   
3. PAYMENT TERMS
   You agree to be responsible for any and all charges, damages and costs that you or anyone using your CableSpeed account incurs. You agree to pay all monthly fees and installation charges including, but not limited to, applicable, taxes, customer service fees, late fees, equipment return or collection fees and door collection fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Service may be terminated. You may incur charges including, without limitation, charges relating to the purchase of "premium" services, such as additional web space, business class services, email accounts, or access to certain gaming or broadband content sites in addition to those billed by MDM. All such charges, including all applicable taxes, are your sole responsibility. You may be required to pay a reconnect fee, activation fee and/or a security deposit in addition to all past due charges before the Service is reconnected.
   
   If authorized by you, MDM may charge all amounts payable by you to MDM pursuant to this Agreement to your credit card in accordance with the credit card information provided by you. By providing a credit card number to us, you authorize us to continue charging the credit card for all monthly fees (including without limitation monthly service fees and equipment charges, as well as applicable taxes and fees) payable to MDM, and any other charges incurred by you and payable to MDM pursuant to this Agreement, until this Agreement is terminated. Monthly service fees and equipment fees may be charged up to thirty (30) days in advance of the first day of the month for which the charges relate. You agree to inform us immediately of any change in credit card information (including without limitation a change in expiration date). Your card issuer agreement governs use of the credit card in connection with the Service, and you must refer to that agreement with respect to your rights and liabilities as a cardholder. If MDM does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand by us. Further, if payment is not received by the original due date, late fees and/or collection charges may be assessed and the Service may be terminated.
   
   Subject to applicable law, you must notify us of any billing errors or other requests for refund within 60 (sixty) days of the date on which the error occurred.
   You authorize MDM to make inquiries and to receive information about your credit experience from others, enter this information in your file, and disclose this information concerning you to appropriate third parties for reasonable business purposes.
   
4. CUSTOMER INFORMATION AND PRIVACY
   Your privacy interests, including your ability to limit disclosure of certain information to third parties, is described in the MDM Privacy Policy which we delivered to you at the time of the original installation of the Service, and will be delivered to you annually as long as you receive the Service such notice may be delivered electronically via e-mail. You acknowledge your receipt and review of the MDM Privacy Policy and your express consent to the terms of that privacy policy.
   
   The Service will allow you to access third parties, including without limitation, content providers, on-line services and other providers of goods, services and information. Some of these goods, services and information may be accessible directly from the Service, and others may be accessible from the third parties referenced above. In connection with this third party access, you may be requested or required to provide your name, address, telephone number, credit card number and other personally identifiable information to such third parties. MDM is not responsible for any such information provided by you to third parties, and this information is not subject to the privacy provisions of this Agreement or the MDM Privacy Policy. You assume all privacy and other risks associated with providing 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.
   
   You acknowledge that there is some content and material on the Internet or otherwise available through the Service which may be offensive to some individuals, may be unsuitable for children, may violate federal, state or local laws, rules or regulations or may violate your protected rights or those of others. We assume no responsibility for this content or material. All content and material accessed by you or others through the Service is accessed and used by you or such others at their own risk, and neither MDM nor its affiliates or agents 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 claiming to be capable of restricting access to sexually explicit material on the Internet are commercially available. We make no representation or warranty regarding the effectiveness of such programs.
   
5. COMPUTER AND EQUIPMENT REQUIREMENTS
   Customer understands and agrees that the Service requires that certain equipment be provided by the Customer, including, but not limited to, a personal computer and appropriate Operating System (collectively the “Customer Equipment”). It further requires certain equipment that may or may not be provided by MDM such as a cable modem, an Ethernet card and wiring installed by MDM or its designee (if provided by MDM or its designee, “MDM Equipment”). At the time of initial installation of the service, your computer equipment and customer equipment must comply with MDM’s current minimum computer requirements that are available at http://www.mdm.net. The minimum computer requirements may change and MDM will make reasonable efforts to support previously acceptable configurations; however, MDM is not obligated to continue to provide such support. You may rent or purchase a cable modem from MDM or may purchase a DOCSIS-compliant, MDM approved cable modem from a third party provider. If you purchase a cable modem, such modem will be deemed Customer Equipment rather than MDM Equipment. MDM reserves the right to provide service only to users with MDM-approved DOCSIS-compliant modems. You are strongly urged to check with local MDM customer support or online at http://www.mdm.net for the most current MDM approved cable modem list. You agree to only connect MDM approved equipment to the MDM CableSpeed network.
   
   You acknowledge that the MDM Equipment is merely a means through which the service is provided by us and may be removed or changed by us at our discretion as we deem appropriate, including through “downloads” to your modem or otherwise. You agree not to use the MDM Equipment for any purpose other than to use the service pursuant to this Agreement. You will not remove any MDM Equipment from the premises or connect the MDM Equipment to any outlet other than the outlet to which the equipment was initially connected. MDM may relocate the MDM Equipment for you within the premises at your request for an additional charge. If you relocate to a new address, this Agreement shall automatically terminate and you will be required to enter into a new Agreement and may be charged a new installation fee and/or activation fee to initiate service. You will not connect any equipment, other than equipment authorized by MDM, to the cable modem outlet. You understand that failure to comply with this restriction may cause damage to the MDM network and subject you to liability for damages and/or criminal prosecution. You may not alter, modify or tamper with the equipment or the service, or permit any other person to do the same that is not authorized by MDM.
   
6. INSTALLATION
   You authorize MDM personnel and/or its agents to enter your premises (the "Premises") at mutually agreed upon times in order to install, maintain, inspect, repair and remove the Service. If you are not the owner of the Premises upon which the Service is to be installed, you represent and warrant that you have obtained the consent of the owner of the Premises for MDM personnel and/or its agents to enter the Premises for the purposes described above. You shall indemnify and hold MDM harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement.
   
   You acknowledge and agree that installation of the Service (including any licensed NIC or USB driver software) may require MDM personnel and/or its agents to open your computer. You further acknowledge and agree that installation and/or use of the Service (including the driver software) may result in the modification of your computer's systems files. MDM neither represents, warrants, nor covenants that such modifications will not disrupt the normal operations of your computer. MDM shall have no liability whatsoever for any damage resulting from the installation and/or use of the licensed software or file modifications. MDM is not responsible for returning your computer to its original configuration prior to installation. MDM or its agents will supply and install certain software and, if required, an extra cable outlet, a cable modem and an Ethernet card for a fee determined by MDM. Whether a cable modem is owned by you or MDM, MDM has the unrestricted right, but not the obligation, to upgrade or change the firmware in the cable modem at any time that we, in our sole discretion, determine is necessary or desirable. We may perform these upgrades or changes remotely or on the customer premises at our discretion, as we deem appropriate. MDM will also provide an "installation guide" and online instructions on how to use the service. MDM shall use reasonable efforts to install the service to full operational status, provided that your computer and appropriate operating system fulfills the minimum computer requirements set forth herein. You may transfer the licensed software to additional computers within the home, but service and support for these additional machines is limited and/or may incur an additional fee. You agree that MDM has no responsibility to provide service and support for in-home networks. If you intend to transfer the software, you must give MDM prior notice of such transfer.
   
7. ACCEPTABLE USE POLICY
   You agree to use the services strictly in accordance with the acceptable use policy located at Millennium Digital Media | MDM - Terms & Policies - cablespeed AUP which may be modified by MDM from time to time, and which is incorporated herein by reference and made a part of this Agreement.
   
8. USE AND POSTING OF MATERIAL
   Customer expressly agrees that use of the Service is at Customer’s sole risk. You are solely responsible and liable for all material that you upload, post, email, transmit or otherwise make available via the Service, including, without limitation, material that you post to any MDM website or the web site of a MDM affiliate, or any third party vendor's service (e.g., newsgroups) that is used by MDM. MDM does not claim ownership of material you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the service, you grant MDM a world-wide, royalty free and non-exclusive license(s) to: use your material in connection with MDM’s businesses including, but not limited to, the rights to: copy, distribute, publicly perform, publicly display, transmit, publish your name in connection with the material, and to prepare derivative works. No compensation will be paid with respect to the use of your material.
   
9. LINKS TO THIRD PARTY WEBSITES
   In your use of the Service and/or MDM web sites, you may encounter various types of links that enable you to visit web sites operated or owned by third parties ("third party site(s)"). These links are provided to you as a convenience and are not under the control or ownership of MDM. The inclusion of any link to a third party site is not (i) an endorsement by MDM of the third party site, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the third party site. Your use of any third party site is governed by the various legal Agreements and policies posted at that web site.
   
10. MONITORING, RESTRICTION OR REMOVAL OF CONTENT
    MDM is under no obligation to monitor the Service. However, MDM reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its servers that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in MDM’s possession about or related to you, your use of the services or otherwise as MDM deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
    
11. TERMINATION OR SURVIVING OBLIGATIONS
    Except as it relates to Customer’s obligation to fulfill any time commitment set forth in any initial MDM promotional or contractual obligation for Service, either party may terminate this Agreement at any time without cause by providing the other party with no less than forty eight (48) hours written notice of termination. In the event of termination by you, you must notify MDM by telephone or by a non-electronic written submission. E-mail submissions shall not constitute effective notice. In the event of termination by MDM without cause, MDM may notify you of such termination by electronic or other means. In those cases where you elect annual prepayment terms or have subscribed and pre-paid under discounted monthly service terms, you agree and understand that the calculation of any refund for unused service will be based upon the discounted payment rate. MDM shall have the right to terminate this Agreement immediately without notice if, in its sole opinion, customer or someone using customer’s account has violated this Agreement or the AUP.
    
    You expressly agree that upon termination of this Agreement: (i) you will pay MDM in full for your use of any MDM Equipment and Service up to the later of the effective date of termination of this Agreement or the date on which the Service and any MDM Equipment has been disconnected and returned to MDM. You agree to pay MDM on a pro-rated basis for any use by you of any MDM Equipment or Service for a part of a month. (ii) You will permit MDM to access your premises at a reasonable time to remove any MDM Equipment and other material provided by MDM. (iii) you will ensure the immediate return of any MDM Equipment to MDM. You will be responsible for damages to any MDM Equipment. You will return or destroy all copies of any software provided to you pursuant to this Agreement. (iv) MDM is authorized to delete any files, programs, data and e-mail messages associated with your account. You shall return the MDM Equipment (including without limitation the modem if you are leasing a modem from MDM) to MDM, by any method reasonably requested by us, within 10 days after termination of the Agreement. Upon our request, you will permit us, and our employees, agents, contractors, and representatives, to access your Premises within 10 days during regular business hours to remove the MDM Equipment and other material provided by MDM. This removal will be conducted at an agreed to time; and you will ensure the return of all MDM Equipment to MDM. If any MDM Equipment is not returned, you agree that MDM may bill you for the charges, including without limitation charging your credit card if applicable.
    
    Nothing contained in this Agreement shall be construed to limit MDM's rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, MDM and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on MDM or its suppliers' servers or systems. In addition, you may forfeit your account user name and all e-mail, IP, and web space addresses. We shall have no liability whatsoever as the result of the loss of any such data names or addresses.
    
12. DISCLAIMER OF WARANTIES AND LIMITATION OF LIABILITY
    You expressly agree that MDM is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER MDM, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS. MDM DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. MDM AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE, OF THE LICENSED SOFTWARE, THE SERVICE, THE EQUIPMENT FURNISHED BY MDM, OR MDM'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE MDM INSTALLER, TECHNICIAN OR CUSTOMER/TECHNICAL SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT MDM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, MDM'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE MDM FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. MDM IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
    
13. IMDEMINFICATION
    You agree to indemnify and hold MDM, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by MDM or any third party due to or arising out of your use of or conduct on the Service. MDM will notify you of any third party claim for which MDM seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to MDM’s interests, as reasonably determined by MDM.
    
14. MANAGEMENT OF NETWORK
    MDM reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of "spam" or otherwise unsolicited bulk email, traffic prioritization, protocol filtering and bandwidth restrictions for peer-to-peer file sharing. You expressly accept that such action on the part of MDM may affect the performance of the service. Customer acknowledges that use of the Service does not give you any ownership or other rights in any Internet/online addresses provided to you, including but not limited to Internet Protocol (IP) Addresses, email 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. MDM reserves the right to enforce limits on specific features of the service including, without limitation, e-mail storage and web hosting maximums. Click here to learn the limits on specific features of the service. MDM offers a competitive set of features and benefits as a bundle of services that comprise the CableSpeedSM High Speed Internet Service.
    
15. DAMAGE TO AND ENCUMBRANCES ON EQUIPMENT, COMPUTER, SOFTWARE
    All equipment provided by MDM will at all times remain the property of MDM. You may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. MDM will repair and maintain all MDM equipment and you agree that anyone other than MDM employees or their agents will not service the MDM equipment. You agree to pay the full retail cost for the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by MDM in obtaining or attempting to obtain possession of any such equipment. You hereby authorize MDM to charge your Visa, Master Card, other credit card, debit card or other payment method authorized by you for any outstanding service, equipment, and repair and replacement costs described herein. MDM may, at its option, install new or reconditioned equipment, including swapping your existing equipment for DOCSIS-compliant equipment, for which you may incur a fee. If you change residences or disconnect your service, you must contact MDM for additional information concerning disconnecting the service, the possibility of costs and procedures for transferring the MDM equipment and service to your new residence.
    
16. GOVERNING LAW AND JURISDICTION
    Customer agrees that any dispute with MDM will be governed by the law of the state of residence of where the service is provided (i.e. the location of the Millennium cable system providing the service), and will apply to all matters relating to this Agreement. In addition, customer agrees and consents that the courts of such state will have exclusive jurisdiction over any such legal action. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of such state applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law).
    
17. MISCELLANEOUS
    This Agreement, and any term commitments and early termination charges associated with any promotion, constitutes the entire Agreement and understanding between the Parties with respect to its subject matter and supersedes and replaces any and all prior written or oral Agreements. Any change to this Agreement is only applicable if signed by the Regional President of MDM or if posted online by MDM. In the event that 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 its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit MDM’s rights and remedies available at law or in equity. MDM’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by MDM to third parties.
    
18. HOW TO CONTACT US
    For any questions regarding this subscriber Agreement, billing or other, please contact MDM at one of the following:
    E-mail: visit http://www.mdm.net and check under the state where you live for "contact us" tab for the appropriate email address for your issue
    Phone: see your invoice or visit http://www.mdm.net and check under the state where you live for "contact us" tab for the appropriate phone number
    U.S. mail: see your invoice or visit http://www.mdm.net and check under the state where you live for "contact us" tab for the appropriate address

Version 1.1

Revised and effective as of: January 2004