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.
  1. 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.
  2. 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.
  3. 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).
  4. 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.
  5. 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
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