Terms & Conditions of Service

Effective March 1, 2011

This agreement governs the terms and conditions under which TVC, Incorporated ("TVC Cable") provides Internet access service to its customers, including 24-hour access and e-mail addresses (referred to in this Agreement as the "Service").

This Agreement is your contract for TVC Cable’s Internet Service.

1. GENERAL. TVC Cable, with the assistance of certain vendors, ("Vendors") provides Service to you as a subscriber ("Subscriber" or "you") subject to the terms and conditions of this Agreement. By making use of the Service, you agree to the terms and conditions of this Agreement ("Terms"). Every time you use the Service, you agree to TVC Cable’s Terms. If TVC Cable changes the Terms in a way that you do not accept, you may terminate Service as provided in Section 7 below.
You agree that by using the Internet access service you represent that you are at least eighteen years of age and that you are legally able to enter into this agreement.

2. CHANGES IN TERMS. TVC Cable may change the Terms on not less than 10 days’ notice by electronic mail, posting on our website at www.lentel.com , or by U.S. mail. Your use of the Service after the effective date of any change(s) in the Terms shall constitute your acceptance of, and agreement to, such change(s).

3. BILLING AND CHARGES.
RELATED CHARGES. You are responsible for any local or long-distance phone charges accrued in connecting to TVC Cable. You are also responsible for providing all equipment, including computer hardware and software, used in connecting to TVC Cable.
BILLING DISPUTES. Unless you notify TVC Cable of any error in TVC Cable’s billing within sixty (60) days after it first appears on your account statement, the statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release TVC Cable from all liabilities and claims resulting from any billing error that is not reported to TVC Cable within sixty (60) days after the date of the statement on which it appears.
PAYMENT. Checks for payment should be made payable to TVC Cable. Cash, Credit Card, Money Orders and online payments at www.lentel.com are acceptable forms of payment. Payments can be mailed or dropped off at our Office. If for any reason TVC Cable does not receive timely payment from you (or from the credit card issuer you designate if you elect to have TVC Cable charge your credit card), you agree you will pay upon demand all amounts due to TVC Cable. Your credit card agreement with the issuer, and not this Agreement, governs your rights and liabilities as a cardholder.
You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify TVC Cable of a breach of security by calling 1-810-621-3363 to change your password.
LATE PAYMENT; NON-PAYMENT. If TVC Cable does not receive the full amount you owe for Service and related fees by the due date of the disconnect notice, TVC Cable shall have the right to terminate your Service. If your TVC Cable service is terminated because of your failure to pay any past due amounts and you want to reactivate the service, you agree to pay a reactivation fee of $25.00.
You shall be liable for all costs of collecting any unpaid balance on your account(s) with TVC Cable, including attorneys’ fees.

4. CONTENT. As used in this Agreement, "Content" means the information, software, graphics, photographs, video, speech, sounds, music and other material and services communicated by TVC Cable through its Service.
NO REPRESENTATIONS. TVC Cable makes no representation as to, and you must bear the risk of relying on, the accuracy, completeness or usefulness of any Content. As a matter of policy, TVC Cable does not screen or filter any Content. However, TVC Cable and its Vendors reserve the right (but not the responsibility) to remove Content that TVC Cable and its Vendors deem harmful or offensive. Accordingly, you acknowledge that neither TVC Cable nor any of its Vendors shall have any liability for any action or inaction by TVC Cable or any of its Vendors with respect to Content.
PROPRIETARY RIGHTS; INTELLECTUAL PROPERTY. You agree to abide by all copyrights, trademarks and other intellectual property and proprietary rights associated with any and all Content.
PARENTAL GUIDANCE. You acknowledge that the Content may include material inappropriate for minors, and you further acknowledge that TVC Cable recommends you supervise your minors’ use of the Service directly and/or consider using commercially available tools that enable you to restrict access to certain Internet areas and other features of the Service that may be inappropriate for minors, at your sole cost and risk. TVC Cable makes no warranties with respect to such tools.
PROHIBITED ACTIVITIES. TVC Cable reserves the right to terminate your Service immediately without notice if, in TVC’s sole discretion the Internet services provided by TVC Cable are being resold by you. TVC Cable also reserves the right to terminate your Service immediately without notice if, in TVC’s sole discretion, your access to the Service is used in such manner that it restricts or inhibits any other person from using the Service, and, in particular, you agree not to use or to allow others to use the Service, directly or indirectly, to:
(a) Post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, hateful, or racially, ethnically, or otherwise objectionable or offensive Content;
(b) Harass, threaten, embarrass, or cause distress, unwanted attention or discomfort to any other person;
(c) Disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects any other person;
(d) Impersonate any person or entity, or communicate under a false name or a name you are not entitled or authorized to use;
(e) Post or transmit chain letters or pyramid schemes;
(f) Post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other persons, except in those areas that are expressly designated for such a purpose, or collect the screen name of any other TVC Cable subscriber without permission;
(g) Post or transmit any communication or solicitation designed or intended to obtain password, account or private financial information from any other person;
(h) Violate any operating rule, policy or guideline of any other service provider;
(i) Violate any applicable local, state, national, international or foreign law, including but not limited to any rule or regulations having the force of law.
(j) You acknowledge that Content is provided by persons and entities not under the control of TVC Cable and that such other service providers have their own terms and conditions of use and you further acknowledge that violation of any of those terms of use may subject you to termination of Service. Your use of TVC’s Service and the Internet is solely at your own risk.

5. LIMITATION OF LIABILITY. TVC Cable exercises no control whatsoever over the content of the information accessed through TVC’s Internet Services. TVC Cable’s Internet Services are provided on an "as is, as available" basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. TVC Cable and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to (a) your inability or failure to perform research or related work or to work properly or completely, or (b) any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, TVC’s Internet Services. TVC Cable will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via TVC’s Internet Services is at your sole risk. TVC Cable specifically disclaims any responsibility for the accuracy or quality of information obtained through TVC’s Internet Services.
Under no circumstances and under no legal theory, tort, contract or otherwise, shall TVC Cable or its Vendors be liable to you or any other person for any indirect, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of TVC’s list price for a license to the Software and Documentation, even if TVC Cable shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

6. INDEMNIFICATION. You agree that upon request by TVC Cable you will defend, indemnify and hold harmless TVC Cable, its officers, directors, agents, employees and Vendors, from all claims, liabilities and expenses, including attorneys’ fees,that arise from your breach of this Agreement. TVC Cable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification for such matter.

7. TERM AND TERMINATION. This agreement shall become effective on the date the service application is entered into TVC’s system (no later than the end of one business day after receipt of application). TVC Cable, at its sole discretion, may terminate this agreement immediately or suspend your access to the service upon any breach of this Agreement by you.
You are responsible for notifying TVC Cable of your wish to terminate your account if desired.  After 30 days of nonpayment, TVC Cable will close your account; you will then be required to re-subscribe according to policies in effect at that time in order to continue service.
Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.
REFUNDS. Upon termination of Service, TVC Cable will refund any unused portion of basic rates paid in advance. For customers who prepaid for their Internet access service six (6) or twelve (12) months in advance, TVC Cable will refund an amount equal to the number of unused months times the basic monthly rate that would have applied if the customer had not paid in advance. Referral and other credits applied to an account are non-refundable.

8. ALLOWABLE USE. TVC Cable’s Internet Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless TVC Cable from any claims resulting from your use of TVC’s Internet Services.
All UNIX shell accounts provided by TVC Cable may only be used interactively while dialed in. They may not be used to run processes unattended or while not dialed in including, but not limited to, any IRC bot, cron job or screen.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising. Unsolicited commercial advertisements are not allowed in e-mail, and will result in account suspension or cancellation and fines as stated in Additional Charges.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated accordingly. Sending a message, especially an advertisement, to more than six recipients is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
You agree to abide by TVC Cable’s policies concerning use of TVC’s Internet Services. Unsolicited advertisements via e-mail, or via discussion groups whose charter does not explicitly allow advertisements, is specifically not an allowable use. TVC Cable reserves the right to suspend access to service for your account(s) upon an indication of disallowed use or credit problems, including delinquent payments or rejection of credit card charges.

9. ACCESS.  Accounts may not be used for automated, unsupervised use of the Internet or simultaneous connections by multiple people. Accounts may not be kept connected with a keep-alive of any sort, such as setting an e-mail program to check mail periodically unattended. TVC Cable may disconnect dial-up connections after extended periods of inactivity or unauthorized use.

10. RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of your account(s) and confidentiality of password(s). TVC Cable will suspend or change access upon notification that your password has been stolen, lost or otherwise possibly compromised. TVC Cable is not responsible for your personal files residing online on TVC Cable owned and controlled computers. You shall be responsible for independent backup of your data stored online. You shall be responsible for all access to and use of TVC Cable’s Internet Services by your personnel or by means of your equipment, whether or not you have knowledge of or authorize such access or use. If the subscriber is less than 18 years of age, these terms must be agreed to by a parent or legal guardian, who is responsible for all charges related to the use of subscriber’s account(s).

11. UNAUTHORIZED USE OF ACCOUNT. TVC Cable will take the appropriate steps, with the assistance of customer, if needed, to eliminate any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like. Harassment or abusive use of e-mail and other Internet services is a rare but serious misuse of Internet resources. TVC Cable will handle incidents of harassment on a case-by-case basis, consulting with all parties involved. Any unauthorized use of accounts or computers by a TVC Cable customer, whether or not the attacked account or computer belongs to TVC Cable, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

12. LIMITATIONS ON RESOURCE USE. TVC Cable reserves the right to impose limits on the total amount of disk space and other resources available for your use on TVC Cable-operated computers. Dial-up account users are subject to a limit of 10 MB of disk space for all their disk use, including incoming mail files and personal web pages. TVC Cable reserves the right to remove files that exceed this limit. TVC Cable reserves the right to delete without notice personal files that have not been accessed for more than one month.

13. E-MAIL PRIVACY. Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers. With regards to TVC Cable’s mail servers, TVC places a high value on privacy and will only examine users’ mail when absolutely required, for example when troubleshooting e-mail delivery problems or being presented with a search warrant for the information.

14. ILLEGAL MATERIAL. TVC Cable bears certain legal liabilities for the use of its computer network and equipment. As such, TVC Cable must require that its customers do not use TVC’s network for illegal purposes. When presented with a search warrant, TVC Cable is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet use.
However, TVC Cable recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore TVC Cable must make certain decisions regarding the illegality of various specific actions. Among the actions TVC considers illegal and therefore does not allow on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. TVC Cable believes the First Amendment rights of free speech, freedom of the press and freedom of association apply to the Internet to the same degree as they do to print media and that any attempt to infringe upon those rights is void of legitimacy.

15. WEB SERVICE. TVC Cable provides free personal web pages to dial-up customers.  In all cases, the web pages reside on TVC Cable’s computer equipment, giving TVC Cable some ethical responsibility for the content of such pages. TVC will handle potentially inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscenity.
Personal web space (provided free to dial-up subscribers with an URL like http://users.power-net.net/~joeuser/) may not be used for purposes that can be deemed as an attempt to sell a product or service. TVC Cable separately offers commercial web hosting through a billing vendor.
Domain name service is an additional service offering to those who desire it. You are responsible for domain name registration with authorities and for any fees they may charge.
TVC Cable grants you non-exclusive, non-transferable, limited license to store documents on a TVC Cable Internet World Wide Web server, and to use the server at burst bandwidth speeds up to TVC Cable’s full capacity. Sustained average bandwidth use, as measured by TVC Cable, over the course of any seven (7) days shall not exceed 64 kilobits per second (Kbps). TVC Cable shall notify you if this limit is exceeded, after which you have two (2) weeks to lower the bandwidth use, or incur an additional charge of $100 per month per 64 Kbps of sustained average bandwidth use.

16. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or on the installation process), then the following applies: except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign person" as defined by U.S. Government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you agree to the foregoing and warrant that you are not a "foreign person" or under the control of a foreign person.

17. EFFECT OF AGREEMENT. This Agreement (which shall include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein and not those contained in your purchase order.

18. FORCE MAJEURE. TVC Cable’s performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.

19. SEVERABILITY. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.

20. GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the state of Michigan except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.
WAIVER. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

21. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure of Software and Documentation by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.

22. NOTICES. Except as otherwise provided herein, all notices hereunder shall be given in writing to:

TVC Cable

P.O. Box 369

Lennon, MI  48449

(810) 621-3363