Trailwave Terms & Conditions for Service & Installation

TRAILWAVE FIBER, INC

Terms and Conditions of Service

By signing the acknowledgement of receipt of and agreement to this work order (“Service Agreement”) for TrailwaveTV and/or other broadband services, including but not limited to broadband Internet by Trailwave Fiber, Inc. and its affiliates and subsidiaries (“Trailwave”) (individually and collectively “Service” or “Services”), you acknowledge that you are at least 18 years of age and legally authorized to agree, and agree to the following terms and conditions of service:

  1. DEFINITIONS. As used in this Agreement, the following definitions apply:
  1. “App” means the application available to the Customer which enables use of the Pay TV Service;
  2. “Content” refers to Internet Protocol TV (IPTV) content offered through the Pay TV Service via a Customer owned streaming media device and the App;
  3. “Company” or “we” or “us” or “our” refers to Trailwave;
  4. “Customer” or “you” or “yours” or “user” refers to the subscriber to the Service and includes anyone accessing the Service through the App and your account;
  5. “Pay-TV Service” refers to the Internet Protocol TV (IPTV) Service offered by Company to subscribers and the App that enables the Pay-TV Service.

 

  1. PAY-TV SERVICE. By subscribing to Company’s Pay-TV Services you also agree to be bound by the following terms regarding the Service, in addition to the other terms of this Agreement The availability of the Pay-TV Service is limited to the Company’s network, and availability is subject to the entry of a Company-assigned or approved user name and password. The Pay-TV Service is not available as a streaming service over the public Internet.

If at any time after reviewing or using the Pay-TV Service you wish to terminate the Pay-TV Service, you must cancel your subscription as provided under “Your Subscription” below and un-install and remove the App from your device and delete any copy of the App in your possession. You agree that information collected from you or your device before you un-install, remove or cease to use the App can still be used by us at our discretion, consistent with applicable laws.

By subscribing to the Pay-TV Service, you receive access to and use of: (i) certain software, intellectual property rights and technology owned or operated by us (including, for example, applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) our websites and applications, including but not limited to, the App; (iii) the Content that is accessible to you (including, but not limited to transaction and subscription video or programming, advertising, and/or other content); (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including additional technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, or otherwise related to the Pay-TV Service, (v) updated versions of the App, Pay-TV Service and related third party software, which may be provided to you at any time and you agree to accept without further notice; and all other information and related documents provided to user by or   on behalf of the Company.

 

Use of the Pay-TV Service

You must be connected to Company’s broadband network to subscribe to the Pay-TV Service. Individuals under the age of 18 may utilize the Pay-TV Service only with the consent or involvement of a parent or legal guardian, under such person’s Pay-TV Service account and otherwise subject to this Agreement. If you disconnect of Company’s broadband network, it will result in cancellation of the Pay-TV Service.

You must provide a compatible streaming media device to access the Pay-TV Service and App. Visit habershamemc.com/trailwave for the latest list of streaming media devices compatible with the Pay-TV Service. This list is provided for information purposes only and is not a guarantee or warranty by us that the listed device will work with the Pay-TV Service. By using the Pay-TV Service and App, you agree to look solely to the entity that manufactured or sold you the device for any issues related to the device and its compatibility with the Pay-TV Service.

You understand that the Pay-TV Service may include, and the App may allow you to access Content that may be considered offensive, indecent, explicit, or otherwise objectionable. This Content may or may not be identified as being objectionable including but not limited to, explicit language or imagery. Company shall have no liability to you for such Content. Any content descriptions, genres, or other categories are provided for your convenience, and Company does not guarantee their accuracy or assume any obligation to provide same. You understand that video content resolution is affected by many factors, and as a result no specific resolution is guaranteed.

 

Your Profile

You may create one or more “Profiles” on the App. Profiles allow various household members to personalize their Content, recommendations, and watch histories. Even if you create multiple Profiles, they are accessible, modifiable and may be deleted by anyone using the App; therefore, you should inform household members if you do not desire for them to edit, delete or modify your Profile.

 

Your Subscription

The Pay-TV Service includes different subscription packages for which payment of a subscription fee is required to access Content available as part of those packages. You can find the specific details regarding your subscription package at any time by visiting habershamemc.com/trailwave.

Your subscription to the Pay-TV Service will continue month-to-month until you cancel your subscription as set forth herein, or we terminate it (“Subscription”). Billing and payment for the Pay-TV Service will be conducted in accordance with the terms of this Agreement. You may cancel your subscription at any time, however your access to the Pay-TV Service will end immediately.

You must cancel your subscription to the Pay-TV Service before it renews each month in order to avoid billing of the next month’s subscription fee for the Pay-TV Service. You may cancel at any time by calling 706-754-2114. If you cancel after your renewal date, your final bill will be pro-rated through the deactivation date and will include charges for equipment, if not returned.

The Pay-TV Service and App are intended for non-commercial use only. You may not use the Pay-TV Service or App for viewing in areas open to the public, or in commercial area, regardless of whether or not a viewing fee is charged unless specifically authorized. You are not permitted to use any of our trademarks.

The number of devices available for use and the maximum simultaneous streams allowed may change from time to time at our discretion. By default, we include up to three simultaneous streams per household. Additional streams and DVR service may be purchased by calling 706-754-2114.

 

Content and Programming

There are many factors that can affect the cost and availability of programming. We may add, delete or otherwise change our program packaging, selection, pricing and/or any other factor or aspect of the Pay-TV Service, or the way we offer the Pay-TV Service, at any time for any reason in our sole discretion. Some programming and sports events may be blacked out in your area. These blackout restrictions are determined by third parties other than Company and Company is not responsible for same. Some programming may be unavailable for certain features of the Pay-TV Service. The Pay-TV Service may be accessed and used only at the Internet address assigned by the Company. We may use any technology available to us to verify your geographic location in order to provide the Services and implement these restrictions. Customer acknowledges that TRAILWAVE, the broadcasters and/or programmers have the right at any time to preempt without notice specific advertised programming and to substitute other programming.

 

Update and Testing

We update and test the Pay-TV Service, including the Content on a continuous basis. You understand that by using the Pay-TV Service, you agree to be included in such testing without notice. Testing may be done to any aspect of the Pay-TV Service, and may include, but not be limited to: service level, the App, the website, user interfaces, plans, promotional features, availability of content, delivery and pricing.

 

License and Restrictions

Subject to the restrictions set forth herein, Company grants you a personal, revocable, non- exclusive, non-transferable, limited right to install and use the App on a streaming media device, mobile device(s) or other computing device(s) that are owned and controlled by you (“Your Device”), and to access and use the App on Your Device solely for accessing the Pay-TV Service and viewing Content, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.

You may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App or Content; (c) violate any applicable laws, rules or regulations in connection with your access or use of the App or Content; (d) remove or alter any copyright or trademark notice of Company or its collaborators, suppliers or licensors; (e) use the App or Content in a manner intended to generate revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) enable the use of the App on a device that is not Your Device; (g) enable access to or use of Content on a device that is not Your Device; (h) make the App or Content available over a network other than Company’s network; (i) use the App or Content to develop, design or create any service designed to replace or be used in connection with the Pay-TV Service or the App, product or software offered by Company or its licensors; (j) use any proprietary information or intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (k) circumvent, disable or tamper with the App or the Content; (l) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App or Content; or (m) use the Pay-TV Service in any manner not intended by this Agreement, in Company’s sole discretion. You agree to abide by the rules and policies established by Company at any time.

 

Intellectual Property

The App (including its source and object code), any copies thereof (whether or not present on your Device), the Pay-TV Service, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are the property of Company or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of Company and its collaborators, licensors and suppliers. Title to the App and Pay-TV Service shall remain with Company. The App is licensed, not sold, to you. Company and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the App or Pay-TV Service, or require the return of the App (or any copy thereof), at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the App or Pay-TV Service by any legal theory, including but not limited to implication and estoppel. All rights in and to the App and Pay-TV Service not expressly granted in this Agreement are hereby reserved and retained by Company.

  1. BROADBAND INTERNET ACCESS SERVICE. By subscribing to Company’s broadband Internet access service you also agree to be bound by the following terms regarding the Service, in addition to the other terms of this Agreement.  The Service is designed for personal and family use (residential use only) within a single household. Customer agrees that only customer and co-residents living in the same household will use the Service. The term “single household” means customer’s home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household or an authorized or unauthorized third-party.

Subscribers of TRAILWAVE’S broadband Internet access services are also bound by the terms and conditions outlined in TRAILWAVE’S then current Acceptable Use Policy (AUP).  You acknowledge and understand that the AUP is available to view or download at the Company’s website located atLadd website link address), or you may contact a customer service representative at TRAILWAVE or come to our office to receive such agreements.  Use of the Service constitutes agreement to then current AUP.  The AUP may be modified by TRAILWAVE by posting a revised AUP on the website.

Customer will not use, or allow others to use, the broadband Internet access service to violate any applicable federal, state, local or international laws or regulations or to promote illegal activity. Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity or otherwise violates the AUP.

The internet access speeds quoted are the maximum rates by which downstream Internet access data may be transferred between TRAILWAVE’s facilities and the network interface device at your home, office or apartment building.  The maximum rate is not guaranteed and may vary.  The quoted speeds should not be confused with the speed at which Customer’s modem receives and sends Internet access data through the public internet as such speeds are impacted by many factors beyond TRAILWAVE’s control.  Actual internet speeds vary due to many factors including the capacity or performance of your computer or modem and its configuration, your wiring and any wireless configuration, your destination and traffic on the Internet, internal network or other factors at the internet site with which you are communicating, congestion on the network and the general speed of the public internet.  The actual speed may affect your on-line experience including ability to view streaming video and speed of downloads.

Except as otherwise provided by law, TRAILWAVE reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all Internet access service customers.  TRAILWAVE manages its network with the goal of delivering quality service to all of our customers. Additionally, if TRAILWAVE did not manage the network, customers would be subject to the negative effects of “spam,” viruses, security attacks, network congestion, and other risks and degradations of service. To address these risks, TRAILWAVE uses reasonable network management practices with the goal of relieving network congestion and ensuring that all customers have the opportunity to use the broadband Internet access service with the best available results.

  1. TERMS AND CONDITIONS OF SERVICE AND BILLING PROCEDURES. The items listed below outline additional terms and conditions of service, equipment lease, billing procedures and relationship between you, the Customer and TRAILWAVE regarding the provision of the selected TRAILWAVE Services. Customer agrees to be bound by all the terms and conditions contained herein.
  2. SUBSCRIPTION AND PAYMENT TERMS.   Customer agrees to pay monthly charges in advance. Customer agrees to pay for all Services provided by TRAILWAVE including but not limited to charges for installation, equipment rental fees, Services provided on a per-channel or per-program basis, and all applicable local, state or federal fees, taxes and surcharges, including but not limited to all regulatory surcharges, and franchise fees.  All charges are due upon receipt of bill or by date specified on the billing statement for each period. Failure to pay the total balance when due shall constitute a breach of the Service Agreement and may be grounds for disconnection of Service and/or imposition of additional fees, in accordance with applicable law and Section 7 below.
  1. OWNERSHIP OF EQUIPMENT. “Equipment” includes all equipment provided to you or installed in or on your premises by TRAILWAVE.  This Equipment and other TRAILWAVE property and facilities (individually or collectively “Equipment”) delivered to Customer and/or installed on the premises to receive the Service shall remain the sole and exclusive property of TRAILWAVE. You agree to pay any Equipment lease charges associated with the Service.  Customer assumes the risk of loss, theft or damage to all Equipment at all times prior return of the Equipment by Customer. TRAILWAVE is not responsible for the operation, maintenance, service or repair of Customer owned television, computer, radio or any other consumer electronics, which may from time to time be connected to the Service.
  1. TAMPERING/MISUSE/LOST/STOLEN. You shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Equipment cannot be removed from your premises and used in another location, including but not limited to a commercial establishment.  You are responsible for the safekeeping of all Equipment.  If any Equipment is destroyed, damaged, lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of the Equipment.
  1. TERMINATION OF SERVICE BY CUSTOMER. Customer may terminate Service in person at the TRAILWAVE office or by calling 706-754-2114. Account holders are liable for all Services rendered by us up to the time the account has been de-activated and we have received all Equipment.
  1. THEFT OF SERVICE. The receipt of Services without TRAILWAVE’s authorization is a crime.  You understand that the law prohibits: 1) theft or unauthorized reception of cable programming; 2) assisting theft or unauthorized reception of cable programming (including the manufacturing or sale of equipment intended for such unauthorized use); and 3) willful damage, alteration or destruction of Equipment.  You can be subject to both civil and criminal penalties for such conduct. Customer shall not intercept, receive, share or assist in the interception, receipt, or sharing of any Service offered by TRAILWAVE without the prior written authorization of TRAILWAVE. Customer shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from TRAILWAVE.
  1. TERMINATION OF SERVICE BY TRAILWAVE. TRAILWAVE will provide a written notice on your statement of a disconnection of all or part of your Service, except if the disconnection is: 1) requested by you; 2) necessary to prevent theft of service; or 3) necessary to reduce or prevent signal leakage. Your service is subject to disconnection when your bill becomes 15 days past due. Upon termination of Service for any reason and where Services have not been restored, you agree to immediately return all internal Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to TRAILWAVE. If you fail to return any Equipment or if the Equipment is returned damaged, you shall pay TRAILWAVE the replacement cost of the Equipment. Customer shall be liable to TRAILWAVE for the full replacement cost of any damaged Equipment regardless of the cause, including but not limited if Equipment is destroyed, damaged, lost or not otherwise returned to TRAILWAVE because of theft, fire, flooding, storm, or any other incident beyond Customer’s control. Further, Customer understands and agrees that TRAILWAVE may charge Customer’s credit card on file at termination of Service in the amount of any outstanding balance and/or for the cost for any unreturned or damaged Equipment, in accordance with applicable law.
  2. CHANGES IN SERVICE/CHARGES. TRAILWAVE may change Services and charges, including deleting Services. TRAILWAVE will give you thirty (30) days’ prior written notice of increases or other changes in charges or Services in conformity with applicable law and to the extent it is within TRAILWAVE’S control.  You acknowledge that the content, programs and/or formats of the video programming may be discontinued, modified or changed by the owners or distributors of the programming at any time without prior notice.
  1. TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided to Customer at the address where TRAILWAVE’s installation is performed. Customer may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant or to any other address without TRAILWAVE’s prior written consent.
  1. SERVICE AND REPAIRS. TRAILWAVE will make reasonable efforts to maintain its network and respond to service calls in a timely manner.  TRAILWAVE will repair damage to failed Equipment, or interruption of Service, due to reasonable wear and tear or technical malfunction.  Physical damage to Equipment caused by intentional or negligent misuse is your sole responsibility and you must pay us for the cost of repair or replacement.
  1. ACCESS ON PREMISES. You grant TRAILWAVE a permanent easement on your premises to construct, install, maintain, inspect and/or replace our outlets, cable television transmission lines and all other Equipment necessary to provide Services and from time to time check for signal leakage.  If you are not the owner of the premises, you warrant that you have obtained the consent of the owner of the premises for us to perform installation and maintenance work.
  1. COMPLIANCE WITH AGREEMENT. TRAILWAVE reserves the right to suspend performance or terminate Service for the breach of any of these terms and conditions or policies related to the Services.
  1. Do not mail written correspondence with your bill statement. PLEASE SUBMIT ALL CORRESPONDENCE TO THE TRAILWAVE LOCAL OFFICE.
  1. PRIOR ACCOUNTS. Customer warrants that no monies are owing to TRAILWAVE from previous accounts with TRAILWAVE. If TRAILWAVE finds a prior account with Customer with monies owed to TRAILWAVE, then TRAILWAVE may apply any funds received to that prior account.
  1. AMENDMENT. TRAILWAVE may amend these terms and conditions of the Agreement, on a prospective basis, upon reasonable prior written notifications to you.
  1. You acknowledge receipt of a Cable Privacy Notification as required by federal law.
  1. CUSTOMER WARRANTIES. You represent and warrant that you are at least 18 years of age and are legally authorized to enter into this Agreement.  You warrant that you are legally empowered to authorize TRAILWAVE to enter upon the premises for the purpose of (a) placing transmission lines in the utility easement on the property, including, if necessary, an above ground pedestal in the easement; (b) attaching wiring and equipment to the structure; and (c) installing, maintaining, repair, disconnecting Service.
  1. WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. TRAILWAVE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TRAILWAVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
  • TRAILWAVE makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement of either the Equipment or Service furnished hereunder.
  • Limitation of Liability. TRAILWAVE shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omission associated therewith, including any acts or omissions by subcontractors of TRAILWAVE, or relating to any services furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails.
  • Customer Exclusive Remedy. TRAILWAVE’s entire liability and Customer’s exclusive remedy with respect to the use of the Services or any breach by TRAILWAVE of any obligation TRAILWAVE may have under these Terms and Conditions shall be Customer’s ability to terminate the Service. In no event shall TRAILWAVE’s liability to Customer for any claim arising out of this Agreement exceed the amount paid by Customer during the preceding thirty (30) day period.
  1. CUSTOMER INDEMNIFICATION. YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS TRAILWAVE, LLC AND ITS EMPLOYEES, AFFILIATES, SUBISIDIARIES, SUPPLIERS, AGENTS AND CONTRACTORS (“INDEMNIFIED PARTIES”) AND SHALL REIMBURSE THE INDEMNIFIED PARTIES FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (i) YOUR USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) YOUR BREACH OF ANY PROVISION OTHIS SERVICE AGREEMENT.
  2. SERVICE INTERUPTIONS. TRAILWAVE assumes no liability for interruption of Service or alterations in programming due to circumstances beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather. TRAILWAVE assumes no liability for any substitution, discontinuation or modification of any programming.  TRAILWAVE will strive to restore service within twenty-four (24) hours after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather.
  3. Entire Agreement. With the AUP, if you are receiving such Services, this Agreement constitutes the entire agreement between you and TRAILWAVE. No representation or warranty made by any agent or employee of TRAILWAVE in connection with the installation, maintenance or provision of Service which is inconsistent with the terms of this Agreement, shall be binding on TRAILWAVE. TRAILWAVE may amend this Agreement on thirty (30) days prior notice to you and such amendment may be provided to you in hard copy or any available electronic means, as determined at TRAILWAVE’s sole discretion. Your election to continue receiving the Service thereafter shall be deemed to constitute your acceptance of such amendment. No alteration or modification of the terms of this Agreement by you shall be accepted and each alteration or modification shall be void. If any provision of this Agreement is determined to be illegal or unenforceable by a court, such provision shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Agreement. If any provision of this Agreement conflicts with a provision of an applicable ordinance or other government regulation, the provision of such ordinance or regulation, to the extent of such conflict, shall apply. The Agreement and all matters relating to the validity, construction, performance and enforcement are governed by applicable federal law, the rules and regulations of the FCC and applicable laws, regulations or ordinances for the state and local areas where Service is provided.
  4. E-mail Notification. You agree that notifications may be made by e-mail.

THIS IS AN IMPORTANT CONTRACT DOCUMENT.  PLEASE RETAIN THIS AND ALL ACCOMPANYING DOCUMENTS AND STORE THEM WITH YOUR OTHER IMPORTANT PAPERS.