Installation; Equipment and Cabling. (a) If I am not the owner of the house, apartment or other premises upon which Connections Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for Connections personnel and/or its agents to enter the premises for the purposes described in Section 3(d). I agree to indemnify and hold the Connections Parties harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys' fees). (b) I authorize Connections to make any preparations to the premises necessary for the installation, maintenance, or removal of equipment. Connections shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the Connections Equipment, except for damage caused by negligence on the part of Connections. (c) The Connections Equipment is and at all times shall remain the sole and exclusive personal property of Connections, and I agree that I do not become an owner of any Connections Equipment by virtue of the payments provided for in this Agreement or the Tariff(s) or the attachment of any portion of the Connections Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Connections may, but shall not be obligated to, retrieve any associated Connections Equipment not returned by me as required under Section 3(f) below. Connections will not be deemed to have "abandoned" the Connections Equipment if it does not retrieve such equipment. (d) I agree to provide Connections 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 Connections Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that Connections may have reasonable access to easements and Connections Equipment located on my grounds. (e) Connections shall have the right to upgrade, modify and enhance Connections Equipment and Software from time to time through "downloads" from Connections' network or otherwise. Without limiting the foregoing, Connections may, at any time, employ such means to limit or increase the throughput available through individual Gateway or DSL whether or not provided by Connections. (f) If the Services are terminated, I agree that I have no right to possess or use the Connections Equipment related to the terminated Services. As required under Section 10(b), I agree that I must arrange for the return of Connections Equipment to Connections, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Connections Equipment or schedule with Connections for its disconnection and removal, Connections may enter any premises where the Connections Equipment may be located for the purpose of disconnecting and retrieving the Connections Equipment. I will pay any expense incurred by Connections in any retrieval of the unreturned Connections Equipment. Connections may charge me a continuing monthly fee until any outstanding Connections Equipment is returned, collected by Connections or fully paid for by me in accordance with Section 3(g). (g) I agree to pay Connections liquidated damages in the amount demanded by Connections, but not to exceed that specified in the then-current price list, for the replacement cost of the Connections Equipment without any deduction for depreciation, wear and tear or physical condition of such Connections Equipment if (i) I tamper with, or permit others to tamper with, Connections Equipment, (ii) the Connections Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the Connections Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable 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 potential for a "black market" in Connections Equipment; the ability of third parties to steal Services with unlawfully obtained Connections 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 Connections Equipment. I agree to return any damaged Connections Equipment to Connections. (h) I agree that Connections may place equipment and cables on my premises to facilitate the provision of Services. The license granted under this Section 3(h) will survive the termination of this Agreement until the date that is one year from the date on which I first notify Connections in writing that I am revoking such license.
Appears in 2 contracts
Samples: Business Services Subscriber Agreement, Business Services Subscriber Agreement
Installation; Equipment and Cabling. (a) If I am not the owner of the house, apartment or other premises upon Service Site in which Connections Wave Broadband Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises Service Site for Connections Wave Broadband personnel and/or its agents to enter the premises Service Site for the purposes described in Section 3(d4(d). I agree to indemnify and hold the Connections Wave Broadband Parties harmless from and against any claims of the owner of the premises Service Site arising out of the performance of this Agreement (including costs and reasonable attorneys' ’ fees).
(b) I authorize Connections Wave Broadband to make any preparations to the premises Service Site necessary for the installation, maintenance, or removal of equipment. Connections Wave Broadband shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the Connections Wave Broadband Equipment, except for damage caused by the gross negligence or willful misconduct on the part of ConnectionsWave Broadband.
(c) The Connections Wave Broadband Equipment is and at all times shall remain the sole and exclusive personal property of ConnectionsWave Broadband, and I agree that I do not become an owner of any Connections Wave Broadband Equipment by virtue of the payments provided for in this Agreement or the Tariff(s) or the attachment of any portion of the Connections Wave Broadband Equipment to my residence the Service Site or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Connections Wave Broadband may, but shall not be obligated to, retrieve any associated Connections Wave Broadband Equipment not returned by me as required under Section 3(f4(f) below. Connections Wave Broadband will not be deemed to have "“abandoned" ” the Connections Wave Broadband Equipment if it does not retrieve such equipment.
(d) I agree to provide Connections Wave Broadband and its authorized agents access to my premises the Service Site 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 Connections Wave Broadband Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that Connections Wave Broadband may have reasonable access to easements and Connections Wave Broadband Equipment located on my grounds.
(e) Connections Wave Broadband shall have the right to upgrade, modify and enhance Connections Wave Broadband Equipment and Software from time to time through "“downloads" ” from Connections' Wave Broadband’s network or otherwise. Without limiting the foregoing, Connections Wave Broadband may, at any time, employ such means to limit or increase the throughput available through individual Gateway or DSL cable modems whether or not provided by ConnectionsWave Broadband.
(f) If the Services are terminated, I agree that I have no right to possess or use the Connections Wave Broadband Equipment related to the terminated Services. As required under Section 10(b), I agree that I must arrange for the return of Connections Wave Broadband Equipment to ConnectionsWave Broadband, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Connections Wave Broadband Equipment or schedule with Connections Wave Broadband for its disconnection and removal, Connections Wave Broadband may enter any premises where the Connections Wave Broadband Equipment may be located for the purpose of disconnecting and retrieving the Connections Wave Broadband Equipment. I will shall pay any expense incurred by Connections Wave Broadband in any retrieval of the unreturned Connections Wave Broadband Equipment. Connections Wave Broadband may charge me a continuing monthly fee until any outstanding Connections Wave Broadband Equipment is returned, collected by Connections Wave Broadband or fully paid for by me in accordance with Section 3(g4(g). The current fee can be provided on request.
(g) I agree to pay Connections Wave Broadband liquidated damages in the amount demanded by Connections, but not to exceed that specified in the then-current price list, stated for the replacement cost of the Connections Wave Broadband Equipment without any deduction for depreciation, wear and tear or physical condition of such Connections Wave Broadband Equipment if (i) I tamper with, or permit others to tamper with, Connections Wave Broadband Equipment, (ii) the Connections Wave Broadband Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the Connections Wave Broadband Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable 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 potential for a "black market" in Connections Equipment; the ability of third parties to steal Services with unlawfully obtained Connections Wave Broadband 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 Connections Wave Broadband Equipment. I agree to return any damaged Connections Wave Broadband Equipment to ConnectionsWave Broadband.
(h) I agree that Connections Wave Broadband may place equipment and cables on my premises the Service Site to facilitate the provision of ServicesServices to me and to other locations in my area. The license granted under this Section 3(h) section will survive the termination of this Agreement until the date that is one year from the date on which I first notify Connections Wave Broadband in writing that I am revoking such license.
(i) In order to use the VoIP Service, you may be required to provide certain equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. If Wave Broadband cannot get access to your inside phone wiring, you will need a cordless phone to use our Services throughout the Service Site.
(j) You represent that you either own the Customer Equipment or have the right to use that equipment in connection with the Services. Wave Broadband shall have no obligation to provide, maintain, or service the Customer Equipment. Any Customer Equipment that you use in connection with the Services must meet Wave Broadband’s current minimum technical and other requirements. Those requirements are posted on the website at xxx.xxxxxxxxxxxxx.xxx (or on an alternative site if we so notify you). The requirements may be revised by Wave Broadband from time to time. If you install or use in connection with the Services Customer Equipment that does not meet the minimum technical or other requirements described above (a “Non-Recommended Configuration”), you agree the following limitation of liability shall apply: NEITHER WAVE BROADBAND NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT A NON- RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD DAMAGE CUSTOMER EQUIPMENT. NEITHER WAVE BROADBAND NOR ANY OF ITS AFFILIATES OR AGENTS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY
(k) Wave Broadband Equipment will at all times remain the property of Wave Broadband or its designee. You acknowledge that Wave Broadband Equipment is merely a means for us to provide you the Services and that Wave Broadband may remove or change it at its discretion. You agree not to use Wave Broadband Equipment for any purpose other than to use the Services in accordance with this Agreement. Wave Broadband will repair and maintain all Wave Broadband Equipment during the term of this Agreement. You agree that you will not allow the Wave Broadband Equipment to be serviced by anyone other than Wave Broadband employees or agents. You agree not to sell, transfer, lease, encumber, or assign all or any part of the Wave Broadband Equipment to any third party. If any Wave Broadband Equipment or part thereof is lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned, you agree to pay Wave Broadband the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its replacement. You shall not relocate Wave Broadband Equipment to any other location. At your request, Wave Broadband may relocate the Wave Broadband Equipment within the Service Site for an additional charge, at a time agreeable to you and to Wave Broadband. If you change Service Sites, you must contact Wave Broadband for information on whether the Wave Broadband Equipment and Services can be transferred to your new Service Site and what the relocation will cost. If you wish to disconnect the Services, you must contact Wave Broadband for information on the necessary procedures and cost.
Appears in 2 contracts
Samples: Business Services Subscriber Agreement, Business Services Subscriber Agreement
Installation; Equipment and Cabling. (a) If I am not the owner of the house, apartment or other premises upon Service Site in which Connections HiPer Networks Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises Service Site for Connections HiPer Networks personnel and/or its agents to enter the premises Service Site for the purposes described in Section 3(d4(d). I agree to indemnify and hold the Connections HiPer Networks Parties harmless from and against any claims of the owner of the premises Service Site arising out of the performance of this Agreement (including costs and reasonable attorneys' ’ fees).
(b) I authorize Connections HiPer Networks to make any preparations to the premises Service Site necessary for the installation, maintenance, or removal of equipment. Connections HiPer Networks shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the Connections HiPer Networks Equipment, except for damage caused by the gross negligence or willful misconduct on the part of ConnectionsHiPer Networks.
(c) The Connections HiPer Networks Equipment is and at all times shall remain the sole and exclusive personal property of ConnectionsHiPer Networks, and I agree that I do not become an owner of any Connections HiPer Networks Equipment by virtue of the payments provided for in this Agreement or the Tariff(s) or the attachment of any portion of the Connections HiPer Networks Equipment to my residence the Service Site or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Connections HiPer Networks may, but shall not be obligated to, retrieve any associated Connections HiPer Networks Equipment not returned by me as required under Section 3(f4(f) below. Connections HiPer Networks will not be deemed to have "“abandoned" ” the Connections HiPer Networks Equipment if it does not retrieve such equipment.
(d) I agree to provide Connections HiPer Networks and its authorized agents access to my premises the Service Site 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 Connections HiPer Networks Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that Connections HiPer Networks may have reasonable access to easements and Connections HiPer Networks Equipment located on my grounds.
(e) Connections . HiPer Networks shall have the right to upgrade, modify and enhance Connections HiPer Networks Equipment and Software from time to time through "“downloads" ” from Connections' HiPer Networks’ network or otherwise. Without limiting the foregoing, Connections HiPer Networks may, at any time, employ such means to limit or increase the throughput available through individual Gateway or DSL cable modems whether or not provided by ConnectionsHiPer Networks.
(fe) If the Services are terminated, I agree that I have no right to possess or use the Connections HiPer Networks Equipment related to the terminated Services. As required under Section 10(b), I agree that I must arrange for the return of Connections HiPer Networks Equipment to ConnectionsHiPer Networks, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Connections HiPer Networks Equipment or schedule with Connections HiPer Networks for its disconnection and removal, Connections HiPer Networks may enter any premises where the Connections HiPer Networks Equipment may be located for the purpose of disconnecting and retrieving the Connections HiPer Networks Equipment. I will shall pay any expense incurred by Connections HiPer Networks in any retrieval of the unreturned Connections HiPer Networks Equipment. Connections HiPer Networks may charge me a continuing monthly fee until any outstanding Connections HiPer Networks Equipment is returned, collected by Connections HiPer Networks or fully paid for by me in accordance with Section 3(g4(g). The current fee can be provided on request.
(gf) I agree to pay Connections HiPer Networks liquidated damages in the amount demanded by Connections, but not to exceed that specified in the then-current price list, stated for the replacement cost of the Connections HiPer Networks Equipment without any deduction for depreciation, wear and tear or physical condition of such Connections HiPer Networks Equipment if (i) I tamper with, or permit others to tamper with, Connections HiPer Networks Equipment, (ii) the Connections HiPer Networks Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the Connections HiPer Networks Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable 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 potential for a "black market" in Connections Equipment; the ability of third parties to steal Services with unlawfully obtained Connections HiPer Networks 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 Connections HiPer Networks Equipment. I agree to return any damaged Connections HiPer Networks Equipment to ConnectionsHiPer Networks.
(hg) I agree that Connections HiPer Networks may place equipment and cables on my premises the Service Site to facilitate the provision of ServicesServices to me and to other locations in my area. The license granted under this Section 3(h) section will survive the termination of this Agreement until the date that is one year from the date on which I first notify Connections HiPer Networks in writing that I am revoking such license.
(h) In order to use the VoIP Service, you may be required to provide certain equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. If HiPer Networks cannot get access to your inside phone wiring, you will need a cordless phone to use our Services throughout the Service Site.
(i) You represent that you either own the Customer Equipment or have the right to use that equipment in connection with the Services. HiPer Networks shall have no obligation to provide, maintain, or service the Customer Equipment. Any Customer Equipment that you use in connection with the Services must meet HiPer Networks’ current minimum technical and other requirements. Those requirements are posted on the website at xxx.XxXxx.Xxxxxxx (or on an alternative site if we so notify you). The requirements may be revised by HiPer Networks from time to time. If you install or use in connection with the Services Customer Equipment that does not meet the minimum technical or other requirements described above (a “Non-Recommended Configuration”), you agree the following limitation of liability shall apply: NEITHER HIPER NETWORKS NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD DAMAGE CUSTOMER EQUIPMENT. NEITHER HIPER NETWORKS NOR ANY OF ITS AFFILIATES OR AGENTS WILL HAVE ANY LIABILITY
Appears in 1 contract
Installation; Equipment and Cabling. (a) If I am not the owner of the house, apartment or other premises upon which Connections BLUE STREAM Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for Connections BLUE STREAM personnel and/or its agents to enter the premises for the purposes described in Section 3(d). I agree to indemnify and hold the Connections BLUE STREAM Parties harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys' ’ fees).
(b) I authorize Connections BLUE STREAM to make any preparations to the premises necessary for the installation, maintenance, maintenance or removal of equipmentBLUE STREAM Equipment. Connections BLUE STREAM shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the Connections BLUE STREAM Equipment, except for damage caused by negligence on the part of ConnectionsBLUE STREAM.
(c) The Connections BLUE STREAM Equipment is and at all times shall remain the sole and exclusive personal property of Connections, BLUE STREAM and I agree that I do not become an owner of any Connections BLUE STREAM Equipment by virtue of the payments provided for in this Agreement or the Tariff(s) or the attachment of any portion of the Connections BLUE STREAM Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Connections BLUE STREAM may, but shall not be obligated to, retrieve any associated Connections BLUE STREAM Equipment not returned by me as required under Section 3(f) below. Connections BLUE STREAM will not be deemed to have "“abandoned" ” the Connections BLUE STREAM Equipment if it does not retrieve such equipmentEquipment.
(d) I agree to provide Connections BLUE STREAM 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 Connections BLUE STREAM Equipment, to install Software, to conduct service theft audits, audits or to check for signal leakage. I agree that Connections BLUE STREAM may have reasonable access to easements and Connections BLUE STREAM Equipment located on my grounds.
(e) Connections BLUE STREAM shall have the right to upgrade, modify and enhance Connections BLUE STREAM Equipment and Software from time to time through "“downloads" ” from Connections' BLUE STREAM’s network or otherwise. Without limiting the foregoing, Connections BLUE STREAM may, at any time, employ such means to limit or increase the throughput available through individual Gateway or DSL cable modems whether or not provided by ConnectionsBLUE STREAM.
(f) If the Services are terminated, I agree that I have no right to possess or use the Connections BLUE STREAM Equipment related to the terminated Services. As required under Section 10(b4(d), I agree that I must arrange for the return of Connections BLUE STREAM Equipment to ConnectionsBLUE STREAM, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Connections BLUE STREAM Equipment or schedule with Connections BLUE STREAM for its disconnection and removal, Connections BLUE STREAM may enter any premises where the Connections BLUE STREAM Equipment may be located for the purpose of disconnecting and retrieving the Connections BLUE STREAM Equipment. I will pay any expense incurred by Connections BLUE STREAM in any retrieval of the unreturned Connections BLUE STREAM Equipment. Connections BLUE STREAM may charge me a continuing monthly fee until any outstanding Connections BLUE STREAM Equipment is returned, collected by Connections BLUE STREAM or fully paid for by me in accordance with Section 3(g)) directly below. The current fee is listed in the list of charges on the price list or can be provided on request.
(g) I agree to pay Connections BLUE STREAM liquidated damages in the amount demanded by ConnectionsBLUE STREAM, but not to exceed that specified in the then-then- current price list, for the replacement cost of the Connections BLUE STREAM Equipment without any deduction for depreciation, wear and tear or physical condition of such Connections BLUE STREAM Equipment if (i) I tamper with, with or permit others to tamper with, Connections with BLUE STREAM Equipment, (ii) the Connections BLUE STREAM Equipment is destroyed, lost, lost or stolen, whether or not due to circumstances beyond my reasonable control, control and even if I exercised due care to prevent such destruction, loss, loss or theft, theft or (iii) the Connections BLUE STREAM Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable 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 potential for existence of a "“black market" ” in Connections BLUE STREAM Equipment; the ability of third parties to steal Services with unlawfully obtained Connections BLUE STREAM 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, destruction or theft of Connections BLUE STREAM Equipment. I agree to return any damaged Connections BLUE STREAM Equipment to ConnectionsBLUE STREAM.
(h) I agree that Connections BLUE STREAM may place equipment and cables on my premises to facilitate the provision of ServicesServices to me and to other locations in my area. The license granted under this Section 3(h) will survive the termination of this Agreement until the date that is one year from the date on which I first notify Connections BLUE STREAM in writing that I am revoking such license.
Appears in 1 contract
Samples: Subscriber Agreement
Installation; Equipment and Cabling. (a) If I am not the owner of the house, apartment or other premises upon which Connections Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for Connections personnel and/or its agents to enter the premises for the purposes described in Section 3(d). I agree to indemnify and hold the Connections Parties harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys' fees).
(b) I authorize Connections to make any preparations to the premises necessary for the installation, maintenance, or removal of equipment. Connections shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the Connections Equipment, except for damage caused by negligence on the part of Connections.
(c) The Connections Equipment is and at all times shall remain the sole and exclusive personal property of Connections, and I agree that I do not become an owner of any Connections Equipment by virtue of the payments provided for in this Agreement or the Tariff(s) or the attachment of any portion of the Connections Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Connections may, but shall not be obligated to, retrieve any associated Connections Equipment not returned by me as required under Section 3(f) below. Connections will not be deemed to have "abandoned" the Connections Equipment if it does not retrieve such equipment.
(d) I agree to provide Connections 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 Connections Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that Connections may have reasonable access to easements and Connections Equipment located on my grounds.
(e) Connections shall have the right to upgrade, modify and enhance Connections Equipment and Software from time to time through "downloads" from Connections' network or otherwise. Without limiting the foregoing, Connections may, at any time, employ such means to limit or increase the throughput available through individual Gateway or DSL whether or not provided by Connections.
(f) If the Services are terminated, I agree that I have no right to possess or use the Connections Equipment related to the terminated Services. As required under Section 10(b), I agree that I must arrange for the return of Connections Equipment to Connections, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Connections Equipment or schedule with Connections for its disconnection and removal, Connections may enter any premises where the Connections Equipment may be located for the purpose of disconnecting and retrieving the Connections Equipment. I will pay any expense incurred by Connections in any retrieval of the unreturned Connections Equipment. Connections may charge me a continuing monthly fee until any outstanding Connections Equipment is returned, collected by Connections or fully paid for by me in accordance with Section 3(g).
(g) I agree to pay Connections liquidated damages in the amount demanded by Connections, but not to exceed that specified in the then-current price list, for the replacement cost of the Connections Equipment without any deduction for depreciation, wear and tear or physical condition of such Connections Equipment if (i) I tamper with, or permit others to tamper with, Connections Equipment, (ii) the Connections Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the Connections Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable 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 potential for a "black market" in Connections Equipment; the ability of third parties to steal Services with unlawfully obtained Connections 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 Connections Equipment. I agree to return any damaged Connections Equipment to Connections.
(h) I agree that Connections may place equipment and cables on my premises to facilitate the provision of Services. The license granted under this Section 3(h) will survive the termination of this Agreement until the date that is one year from the date on which I first notify Connections in writing that I am revoking such license.. In consideration of Connection's provision of the Services that I have requested, subject to applicable law, I AGREE AS FOLLOWS:
Appears in 1 contract
Installation; Equipment and Cabling. (a) If I am not the owner of the house, apartment or other premises upon which Connections ACC Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for Connections ACC personnel and/or its agents to enter the premises for the purposes described in Section 3(d). I agree to indemnify and hold the Connections ACC Parties harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys' fees).
(b) I authorize Connections ACC to make any preparations to the premises necessary for the installation, maintenance, or removal of equipment. Connections ACC shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the Connections ACC Equipment, except for damage caused by negligence on the part of ConnectionsACC.
(c) The Connections ACC Equipment is and at all times shall remain the sole and exclusive personal property of ConnectionsACC, and I agree that I do not become an owner of any Connections ACC Equipment by virtue of the payments provided for in this Agreement or the Tariff(s) or the attachment of any portion of the Connections ACC Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Connections ACC may, but shall not be obligated to, retrieve any associated Connections ACC Equipment not returned by me as required under Section 3(f) below. Connections ACC will not be deemed to have "abandoned" the Connections ACC Equipment if it does not retrieve such equipment.
(d) I agree to provide Connections ACC 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 Connections ACC Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that Connections ACC may have reasonable access to easements and Connections ACC Equipment located on my grounds.
(e) Connections ACC shall have the right to upgrade, modify and enhance Connections ACC Equipment and Software from time to time through "downloads" from Connections' ACC’s network or otherwise. Without limiting the foregoing, Connections ACC may, at any time, employ such means to limit or increase the throughput available through individual Gateway or DSL cable modems whether or not provided by ConnectionsACC.
(f) If the Services are terminated, I agree that I have no right to possess or use the Connections ACC Equipment related to the terminated Services. As required under Section 10(b), I agree that I must arrange for the return of Connections ACC Equipment to ConnectionsACC, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Connections ACC Equipment or schedule with Connections ACC for its disconnection and removal, Connections ACC may enter any premises where the Connections ACC Equipment may be located for the purpose of disconnecting and retrieving the Connections ACC Equipment. I will pay any expense incurred by Connections ACC in any retrieval of the unreturned Connections ACC Equipment. Connections ACC may charge me a continuing monthly fee until any outstanding Connections ACC Equipment is returned, collected by Connections ACC or fully paid for by me in accordance with Section 3(g). The current fee is listed in the list of charges on the price list or can be provided on request.
(g) I agree to pay Connections ACC liquidated damages in the amount demanded by ConnectionsACC, but not to exceed that specified in the then-current price list, for the replacement cost of the Connections ACC Equipment without any deduction for depreciation, wear and tear or physical condition of such Connections ACC Equipment if (i) I tamper with, or permit others to tamper with, Connections ACC Equipment, (ii) the Connections ACC Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the Connections ACC Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable 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 potential for existence of a "black market" in Connections ACC Equipment; the ability of third parties to steal Services with unlawfully obtained Connections ACC 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 Connections ACC Equipment. I agree to return any damaged Connections ACC Equipment to ConnectionsACC.
(h) I agree that Connections ACC may place equipment and cables on my premises to facilitate the provision of ServicesServices to me and to other locations in my area. The license granted under this Section 3(h) will survive the termination of this Agreement until the date that is one year from the date on which I first notify Connections ACC in writing that I am revoking such license.
Appears in 1 contract
Samples: Subscriber Agreement
Installation; Equipment and Cabling. (a) If I am not the owner of the house, apartment or other premises upon which Connections VBCS Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for Connections VBCS personnel and/or its agents to enter the premises for the purposes described in Section 3(d). I agree to indemnify and hold the Connections VBCS Parties harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys' fees).
(b) I authorize Connections VBCS to make any preparations to the premises necessary for the installation, maintenance, or removal of equipment. Connections VBCS shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the Connections VBCS Equipment, except for damage caused by negligence on the part of ConnectionsVBCS.
(c) The Connections VBCS Equipment is and at all times shall remain the sole and exclusive personal property of ConnectionsVBCS, and I agree that I do not become an owner of any Connections VBCS Equipment by virtue of the payments provided for in this Agreement or the Tariff(s) or the attachment of any portion of the Connections VBCS Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Connections VBCS may, but shall not be obligated to, retrieve any associated Connections VBCS Equipment not returned by me as required under Section 3(f) below. Connections VBCS will not be deemed to have "abandoned" the Connections VBCS Equipment if it does not retrieve such equipment.
(d) I agree to provide Connections VBCS 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 Connections VBCS Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that Connections VBCS may have reasonable access to easements and Connections VBCS Equipment located on my grounds.
(e) Connections VBCS shall have the right to upgrade, modify and enhance Connections VBCS Equipment and Software from time to time through "downloads" from Connections' VBCS’s network or otherwise. Without limiting the foregoing, Connections VBCS may, at any time, employ such means to limit or increase the throughput available through individual Gateway or DSL cable modems whether or not provided by ConnectionsVBCS.
(f) If the Services are terminated, I agree that I have no right to possess or use the Connections VBCS Equipment related to the terminated Services. As required under Section 10(b), I agree that I must arrange for the return of Connections VBCS Equipment to ConnectionsVBCS, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Connections VBCS Equipment or schedule with Connections VBCS for its disconnection and removal, Connections VBCS may enter any premises where the Connections VBCS Equipment may be located for the purpose of disconnecting and retrieving the Connections VBCS Equipment. I will pay any expense incurred by Connections VBCS in any retrieval of the unreturned Connections VBCS Equipment. Connections VBCS may charge me a continuing monthly fee until any outstanding Connections VBCS Equipment is returned, collected by Connections VBCS or fully paid for by me in accordance with Section 3(g). The current fee is listed in the list of charges on the price list or can be provided on request.
(g) I agree to pay Connections VBCS liquidated damages in the amount demanded by ConnectionsVBCS, but not to exceed that specified in the then-current price list, for the replacement cost of the Connections VBCS Equipment without any deduction for depreciation, wear and tear or physical condition of such Connections VBCS Equipment if (i) I tamper with, or permit others to tamper with, Connections VBCS Equipment, (ii) the Connections VBCS Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the Connections VBCS Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable 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 potential for existence of a "black market" in Connections VBCS Equipment; the ability of third parties to steal Services with unlawfully obtained Connections VBCS 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 Connections VBCS Equipment. I agree to return any damaged Connections VBCS Equipment to ConnectionsVBCS.
(h) I agree that Connections VBCS may place equipment and cables on my premises to facilitate the provision of ServicesServices to me and to other locations in my area. The license granted under this Section 3(h) will survive the termination of this Agreement until the date that is one year from the date on which I first notify Connections VBCS in writing that I am revoking such license.
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