
IOvAGE High-Speed Wireless Internet Home Networking Amendment to IOvAGE Subscriber
Agreement
THIS AMENDMENT (the "Amendment") is made between the operating company
subsidiary of IOvAGE Corporation that owns and/or operates the cable
television system in your area pursuant to a cable television franchise with
the local franchising authority and you as the Customer, and is effective upon
the installation of the IOvAGE Home Networking Service. This Amendment
modifies and is made a part of the IOvAGE High-Speed Wireless Wireless Internet Subscriber
Agreement (the "Subscriber Agreement"). Unless otherwise defined in this
Amendment, all capitalized terms in this Amendment shall have the specified
meanings in the Subscriber Agreement.
- Use of Service. The Subscriber Agreement is hereby modified
solely to permit you to use the Service in connection with the multiple
connection of up to five (5) personal computing devices within your Premises
to the Service (the "IOvAGE Home Networking Service") in accordance with
IOvAGE's then-current published IOvAGE Home Networking Service description
(which may be changed from time to time in our sole discretion). You shall
be solely responsible for and shall indemnify and hold IOvAGE and its
affiliates, suppliers, and agents harmless from and against any and all
claims and expenses (including reasonable attorney's fees) arising out of
your use or misuse of the IOvAGE Home Networking Service. You acknowledge
and agree that the IOvAGE Home Networking Service is for residential,
non-commercial purposes only. The IOvAGE Home Networking Service is not a
commercial service and may not be used for commercial purposes. Please
contact your local IOvAGE office to inquire about commercial service
options.
- IOvAGE Home Networking Service. The term "Service" shall include
the IOvAGE Home Networking Service. The term "IOvAGE Equipment" shall
include any IOvAGE Home Networking Service equipment such as gateways,
routers, or wireless cards rented from or otherwise supplied by or on behalf
of us to you. The term "Customer Equipment" shall include any equipment
owned or otherwise provided by you in connection with your use of the
IOvAGE Home Networking Service. We reserve the right to provide the IOvAGE
Home Networking Service and support for that service only to the extent that
you use equipment compatible with the IOvAGE Home Networking Service, such
as CableHomeTM-certified gateways/routers. Further, you acknowledge that the
use of the IOvAGE Home Networking Service may periodically require updates
and/or changes to the software resident in the equipment used in connection
with the service. These updates and changes may be performed remotely or
on-site by IOvAGE and/or its affiliates, suppliers, or agents at their sole
option. You hereby consent to these updates, which will be performed as
deemed necessary by IOvAGE and/or its affiliates, suppliers, or agents,
with or without notice to you. In addition, you acknowledge that the use of
the IOvAGE Home Networking Service may periodically require provisioning,
configuration, management, diagnostics, and other administration to or in
connection with the service and the equipment used in connection with the
service. These activities may be performed remotely or on-site by IOvAGE
and/or its affiliates, suppliers, or agents at their sole option. You hereby
consent to such provisioning, configuration, management, diagnostics, and
other administration, which will be performed as deemed necessary by IOvAGE
and/or its affiliates, suppliers, or agents, with or without notice to you.
You acknowledge and agree that when using the Service (including the IOvAGE
Home Networking Service) to access the Internet or any other online network
or service, there are certain risks that may allow other Service users and
Internet users to gain access to your computer system. You should take all
appropriate security measures when using the IOvAGE Home Networking
Service, including those recommended by IOvAGE and our affiliates,
suppliers, or agents. Neither IOvAGE nor our affiliates, suppliers, or
agents shall have any liability whatsoever for any claims, losses, actions,
damages, suits or proceedings resulting from, arising out of or otherwise
relating to the use of the IOvAGE Home Networking Service by you, including
without limitation, damages resulting from others accessing your computer or
the contents of your transmissions made through the Service or your use of
file sharing, print sharing, or other capabilities that allow users to gain
access to your computer system.
- Fees and Charges. You agree to pay the then-current fees and
charges for the IOvAGE Home Networking Service upon receipt of an invoice
(including any taxes, franchise fees or other fees or charges levied by a
governmental agency).
- Revision. This Amendment forms part of the Subscriber Agreement
between IOvAGE and you and may be modified by IOvAGE on thirty (30) days
prior notice as provided for in the Subscriber Agreement. Your election to
continue use of the IOvAGE Home Networking Service thereafter shall
constitute your acceptance of any modification. The Service and the IOvAGE
Home Networking Service are subject to availability on an ongoing basis.
- No Change. Except as otherwise set forth in this Amendment, the
terms and conditions of the Subscriber Agreement, as modified by this
Amendment, shall continue to apply to the Service and your use of the
IOvAGE Home Networking Service. In the event of a conflict between this
Amendment and the Subscriber Agreement arising out of your use of the
IOvAGE Home Networking Service, the terms and conditions of this Amendment
shall prevail.
Revised and effective: October 2005
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5400 Gatewood * Sterling Heights, MI USA 48310-7305
Phone: (586) 549-7414 * FAX: (313) 887-5916 *
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