Terms of Service - TV Cable of Grayson County
RESIDENTIAL TERMS OF SERVICE
Effective date: July 13, 2014
¨ Cable Television
¨ VOIP (Voice Over Internet Protocol)
By using any the above-checked services (“Services”)
provided by TV CABLE OF GRAYSON COUNTY (“TCGC”), Customer agrees to be bound by
the terms in ALL of the following (the “Agreement”):
- These Terms of
- The Acceptable Use
- The Privacy
"Equipment" means the components (such as cable
box, digital video recorder, modems or other any gateway devices, node, router,
switch, communications lines/cables, etc.) that make up the Network. "Network"
means all of the physical elements necessary to provide the Services. An
"Affiliate" is a company that controls, is controlled by or is under
common control with TCGC.
IF YOU DO NOT
AGREE TO BE BOUND BY ANY PROVISION OF THE AGREEMENT, YOU MUST DISCONTINUE YOUR
USE OF SERVICES, UNINSTALL ANY TCGC SOFTWARE AND TERMINATE YOUR ACCOUNT.
Initial Term: Twelve (12) months
Customer Representations and Obligations
Customer represents to TCGC (a) that Customer has the
authority to execute, deliver and carry out the terms of this Agreement, and
(b) that any person who accesses any Services through Customer's equipment or
through the Network facilities in Customer's Premises will be an authorized
user, will use the Service, Network and/or Network facilities in an appropriate
and legal manner, and will be subject to the terms of this Agreement. Customer
is responsible for ensuring its users of the Service comply with the terms of
this Agreement. Customer shall be responsible for all access to and use of the
Service by means of Customer's equipment, whether or not Customer has knowledge
of or authorizes such access or use. Customer shall be solely liable and
responsible for all charges incurred and all conduct through either authorized
or unauthorized use of the Service, until informs TCGC of any breach of
security. Customer is responsible for (a) the security of any device
connected to the Services, including any data stored on that device (including
but not limited to home or commercial cloud storage, routers, portable hard
drives, ethernet switches), (b) implementing appropriate security precautions
for all systems connected to the Services to protect against threats such as
viruses, spam, and other malicious intrusions, and (c) enabling the security of
any wireless (Wi-Fi) networks connected to the Services.
Terms of Service
These Terms of Service govern Customer’s use of the Services.
TCGC reserves the right, but is not obligated, to prohibit any conduct or to
remove any materials or content in violation of the Agreement or which TCGC
believes in its sole discretion to be illegal or potentially harmful to others
or may expose TCGC to harm or liability. TCGC may suspend or terminate Customer’s
use of Services for any reason at any time, including if it determines that
Customer has failed to comply with any aspect of the Agreement. TCGC reserves
the right to take or terminate the use of any user name or e-mail address at
TCGC retains the right, at its discretion, to make
changes to the Services, including its fees and billing methods and the amount
of time a user may access the Internet for free or for a specified fee, or to
discontinue some or all of the Services. TCGC retains the right to limit,
restrict or require the use of third party software or services in connection
with the Services. TCGC retains the right to change, suspend or terminate
Customer’s use of the Services at any time for any reason, without notice, and
nothing herein shall be construed to limit that right.
TCGC and its Affiliates or third party service
providers may measure and monitor network performance and the performance of
Customer’s Internet connection. TCGC will access and record information about
Customer’s computer profile and settings and the installation of Software in
order to provide customized technical support, and Customer agrees to permit
TCGC to access and record such data for the purposes described in these Terms
of Service. Customer hereby consent to TCGC's monitoring of Customer’s Internet
connection and network performance, and the access to and adjustment of
Customer’s computer settings, as they relate to the Services, Software, or
other services which TCGC may offer from time to time.
TCGC reserves the right to engage in reasonable network
management to protect the overall integrity of its network, including detecting
malicious traffic patterns and attempting to prevent the distribution of viruses
or other malicious code, and through techniques such as reducing the aggregate
bandwidth available to excessive bandwidth users during periods of congestion.
While the determination of what constitutes excessive use depends on the
specific state of the network at a particular location at any given time,
excessive use will be determined primarily by resource consumption. For further
information, please refer to TCGC's Acceptable Use Policy.
Furthermore, any wireless network installed by Customer
that is unsecured or "open" and connected to the Network is
prohibited. Customer authorizes TCGC to use technology to detect unsecured
Wi-Fi networks associated with Customer’s use of the Service. If an unsecured
Wi-Fi network is detected, TV Cable of Grayson County will notify Customer to
enable the Security on the Wi-Fi device.
Bandwidth is provided on a per-line basis, and the
speed and bandwidth available to each computer or device connected to the
network may vary depending upon the number, types and configuration of
computers or devices using the Services and the type of use (e.g., streaming
media or downloading larger files, etc.), network or Internet congestion,
and/or the condition of Customer’s telephone line and the wiring inside
Customer’s location, among other factors. Service may be unavailable from
time-to-time either for scheduled or unscheduled maintenance, technical
difficulties, or for other reasons beyond TCGC's reasonable control. Temporary
service interruptions or outages for such reasons, as well as service
interruptions or outages caused by Customer, its agents and employees, or by a
Force Majeure Event, shall not constitute a failure by TCGC to perform its
obligations under this Agreement, and Customer will not hold TCGC at fault for
loss of Customer revenue or lost employee productivity due to Service outages.
Please be advised that data limits are applicable to Customer’s
use of internet service, depending on Customer’s service package. Customer
is responsible for ensuring that usage does not exceed the applicable limit
according to Customer’s service package, in order to prevent any slowdown or
interruption of Customer’s high speed internet service. In order to
determine Customer’s applicable data limit and monitor data usage during a billing
period, please log in to www.graysoncable.com/internet.
Available Data Packages
To provide the best possible service to its customers,
TCGC or its Affiliates or third party provider(s) periodically performs
maintenance on its network. This may require TCGC to conduct either a planned
or unplanned interruption of the Internet Service. TCGC will use commercially
reasonable efforts to schedule maintenance outages in a way that minimizes the
impact on customers, but TCGC cannot guarantee that Customer’s Internet Service
will not be interrupted and cannot always give advance notice of such outages.
Customer acknowledges and agrees that TCGC shall not be responsible for any
losses or damages (of any kind) that may be suffered by Customer as a result of
any service interruptions due to maintenance outages.
Customer shall not re-sell or re-distribute access to
the Service(s) or system capacity, or any part thereof, in any manner without
the express prior written consent of TCGC. Customer shall not use or permit
third parties to use the Service(s), including the Equipment and software
provided by TCGC, for any illegal purpose, or to achieve unauthorized access to
any computer systems, software, data, or other copyright or patent protected
material. Customer shall not interfere with other customers' use of the
Equipment or Services or disrupt the TCGC Network, backbone, nodes or other
TCGC may require reasonable access to Customer’s residence
("Service Location") as necessary for TCGC to review, install,
inspect, maintain or repair any Equipment or Materials necessary to provide the
Services. Customer grants TCGC permission to enter the Service Location(s) for
the exercise of such right. If a Service Location is not owned and/or
controlled by Customer, Customer will obtain, with TCGC's assistance,
appropriate right of access.
with the Equipment
Customer shall (a) safeguard Equipment against others;
(b) not add other equipment nor move, modify, disturb, alter, remove, nor
otherwise tamper with any portion of the Equipment; (c) not hire nor permit
anyone other than personnel authorized by TCGC acting in their official
capacity to perform any work on Equipment; (d) not move nor relocate Equipment
to another location or use it at an address other than the Service location
without the prior written consent of TCGC; and (e) not use any equipment that
has an altered electronic serial number or equipment identifier or any
equipment that has undergone a factory reset, without seeking and obtaining
TCGC's express advance written permission in each instance. Any unauthorized connection or other
tampering with the Services or Equipment shall be cause for immediate
suspension of Services, termination of this Agreement and/or legal action, and
TCGC shall be entitled to recover damages, including the value of any Services
and/or Equipment obtained in violation of this Agreement in addition to
collection costs including reasonable attorney fees.
Software and Hardware.
and Filtering. Customer assumes all responsibility for providing and
configuring any "firewall" or security measures for use with the
Service. TCGC shall not be responsible in any manner for the effectiveness of
these blocking and filtering technologies. TCGC does not warrant that others
will be unable to gain access to Customer's computer(s) and/or data even if
Customer utilizes blocking and filtering technologies, nor does TCGC warrant
that the data or files will be free from computer viruses or other harmful
components. TCGC has no responsibility and assumes no liability for such acts
(b) No Support for Third-Party
Software and Hardware from TCGC. Customer is responsible for the
installation, repair and use of Customer-supplied third-party hardware and/or
software. For purposes of this Agreement the Hosting Software shall be
considered third party software. TCGC does not support third-party hardware or
software supplied by Customer. Any questions concerning third-party hardware or
software should be directed to the provider of that product. TCGC assumes no
liability or responsibility for the installation, maintenance, compatibility or
performance of third party software, any Customer-supplied hardware or software
with the Services. If such third-party equipment or software impairs the
Services, Customer shall remain liable for payments as agreed (if any) without
recourse for credit or prorated refund for the period of impairment. TCGC has
no responsibility to resolve the difficulties caused by such third-party
equipment or software. If, at Customer's request, TCGC should attempt to
resolve difficulties caused by such third-party equipment or software, such
efforts shall be performed at TCGC's discretion and at then-current commercial
rates and terms.
Information Provided by TCGC
Customer expressly permits and authorizes TCGC and its
Affiliates (and such third parties as may be authorized by TCGC, subject to the
or by any other means selected by TCGC, information or materials prepared by
TCGC or by (or on behalf of) other entities.
Use of Services
Customer is responsible for all use of Customer’s Services
and for the security of Customer’s login identification, Customer’s password
and any security lock code that Customer uses to protect access to Customer’s
data, TCGC personal profile, Customer’s file name(s) and files, network and
user access, and any information Customer disseminates through use of Services
or through other Internet services. Except as expressly allowed in the
Agreement, Customer may not transfer or permit any other person to use Services.
The Services are for personal, non-commercial use of registered users only and
may not be copied, resold, leased, transferred, exchanged or bartered.
and Receipt of Content
Certain of the Services may allow Customer to post or
send content that can be viewed by others ("User Generated Content").
TCGC exercises no control over User Generated Content passing through its
Network or Equipment, or available on or through the TCGC Site or the Services.
Customer may only post or send User Generated Content on the TCGC Site or
through the Services that Customer created or that Customer has permission to
post or send. Customer may not post User Generated Content that violates the
Agreement. TCGC does not claim ownership of any User Generated Content.
Customer is responsible for any content Customer posts to the Services, and the
consequences for sharing such content. Disputes may arise between Customer and
others or between Customer and TCGC related to content or commerce, including
User Generated Content. Such disputes could involve, among other things, the
use or misuse of domain names; the infringement of copyrights, trademarks or
other rights in intellectual property; defamation; fraud; the use or misuse of
information; and problems with online auction or commerce transactions.
Customer agrees that all claims, disputes or wrongdoing that result from, or
are related in any way to, the content of information that Customer posts,
transmits, re-transmits or receives through the Services, TCGC's network or
TCGC's equipment are Customer’s sole and exclusive responsibility.
Customer is responsible for any damages caused by
Customer’s decision to download any email or attachments. Customer agrees that
TCGC is not responsible for any email or attachments that are blocked or
deleted for any reason and that Customer has no right, and TCGC has no
obligation, to retrieve or access any such deleted or blocked email or
attachments. Customer agrees that TCGC is not responsible for any email or
attachments that it fails to block or delete, even if such e-mail or
attachments contain viruses or are otherwise harmful to Customer’s computers.
In the event there is a ruling, regulation, or order
issued by a judicial, legislative or regulatory body that causes TCGC to
believe that the Agreement may be in conflict with such rules, regulations, and
orders, TCGC may terminate or modify the Services and/or the Agreement
immediately without notice.
(a) As Is.
CUSTOMER ACKNOWLEDGES THAT SERVICES ARE PROVIDED "AS IS, WITH ALL FAULTS,
AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR
FUNCTIONALITY OF THE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY
INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF SERVICES OR THAT SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE. TCGC DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF
TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT,
MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. TCGC DOES NOT
GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR
LOCATIONS OF THEIR CHOOSING, OR THAT TCGC WILL HAVE SERVICE OR ADEQUATE
CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA. TCGC DOES NOT WARRANT THAT SERVICES
ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD
PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS
COMPATIBLE WITH ANY INTERNET ACCESS SERVICE OR SERVICES IN PARTICULAR.
Disclaimer of Warranties. TCGC FURTHER DISCLAIMS ANY AND ALL OTHER
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH CUSTOMER’S
ENJOYMENT OF THE EQUIPMENT, OR NON-INFRINGEMENT.
Loss or Destruction of Software Files and/or Data. Customer uses the
Services and Equipment supplied by TCGC at its sole risk. TCGC does not
manufacture the Equipment, and the Services and Equipment are provided on an
"as is basis," as specified above, without warranties of any kind.
TCGC assumes no responsibility whatsoever for any damage to or loss or
destruction of any of Customer's hardware, software, files, data or peripherals
which may result from Customer's use of any Service. TCGC does not warrant that
data or files sent by or to Customer will be transmitted in uncorrupted form or
within a reasonable period of time.
(d) Unauthorized Access. If
Customer chooses to run or offer access to applications from its equipment that
permits others to gain access through the Network, Customer must take
appropriate security measures. Failing to do so may cause immediate termination
of Customer's Service by TCGC without liability for TCGC. TCGC is not
responsible for and assumes no liability for any damages resulting from the use
of such applications, and Customer shall hold harmless and indemnify the TCGC
Indemnified Parties from and against any claims, losses, or damages arising
from such use. TCGC is not responsible and assumes no liability for losses,
claims, damages, expenses, liability, or costs resulting from others accessing
Customer's computers, its internal network and/or the Network through
(e) Force Majeure. TCGC shall
not be liable to Customer for any delay, inconvenience, loss, liability or
damage resulting from any failure or interruption of Services, directly or
indirectly caused by circumstances beyond such party's control, including but
not limited to denial of use of poles or other facilities of a utility company,
labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts,
natural causes, mechanical or power failures, or any order, law or ordinance
restricting the operation of the Services.
(f) Not Liable for Damages. IN NO EVENT SHALL TCGC OR ITS AFFILIATES BE
LIABLE UNDER ANY SECTION OF THESE TERMS OF SERVICE OR UNDER CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF
ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TCGC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TCGC SHALL NOT BE
LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY
AND IN NO EVENT SHALL TCGC'S LIABILITY TO CUSTOMER EXCEED THE GREATER OF ONE
DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY CUSTOMER TO TCGC FOR THE
APPLICABLE SERVICE FOR THE PRIOR MONTH. NO ACTION, REGARDLESS OF FORM, ARISING
OUT OF THE AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY CUSTOMER OR TCGC
MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION
Customer shall pay all associated charges associated with the Service,
including but not limited to: a) service or subscription fees, b) applicable
taxes, c) surcharges, d) recovery fees, e) telephone charges, f) activation
fees, g) installation fees, h) set-up fees, i) equipment charges, j)
termination fees, k) other nonrecurring charges, l) fees for supplemental
services or features, m) restocking fees, and n) purchases made through the use
of Services. The charges detailed in subsections b) through e) may vary on a
monthly basis; any variations will be reflected in Customer’s monthly charge.
Customer is responsible for all fees and charges incurred, including applicable
taxes and purchases made by Customer or anyone that Customer allows to use
Customer’s account. This means that, unless Customer’s account or payment
method information is obtained unlawfully or fraudulently by someone other than
those authorized to use Customer’s account, Customer will be responsible for
all usage and purchases under Customer’s account.
Surcharges, and Fees. Customer shall pay any sales, use, property,
excise or other taxes, franchise fees, and governmental charges (excluding
income taxes) arising under this Agreement, in addition to any surcharges that
may be imposed as may be permitted under and consistent with applicable law. A
copy of Customer's tax exemption document, if applicable, must be provided to
TCGC to certify tax-exempt status. Tax-exempt status shall not relieve Customer
of its obligation to pay any applicable franchise fees. TCGC reserves the right
from time to time to change the surcharges for Services under this Agreement to
reflect the charges or payment obligations imposed on TCGC which TCGC is
permitted or required under applicable law to pass through to Customer (e.g.,
universal service fund ("USF") charges, franchise fees etc.).
Requests. Any charges associated with changes or additions requested by
Customer subsequent to installation are the sole financial responsibility of
Visits and Repairs. If Customer's misuse, abuse or modification of the
Services, Equipment or Network results in a visit to the Customer site for
inspection, correction or repair, TCGC may charge Customer a site visit fee as
well as charges for any resulting Equipment or Network repair or replacement,
which may be necessary.
Errors. Customer must provide written notice to TCGC of any invoice
errors or disputed charges within 30 days of the invoice date on which the
errors and/or disputed charges appear for Customer to receive any credit that
may be due. Customer must have and present a reasonable basis for disputing any
If Services are suspended due to late payment, TCGC may require that Customer
pay all past due charges and a reconnect fee.
Fees. TCGC may charge a reasonable service fee for all returned checks
and bank card, credit card or other charge card charge-backs. Customer shall be
responsible for all expenses, including reasonable attorney fees and collection
costs, incurred by TCGC in collecting any unpaid amounts due under this
Suspension of Service; Termination
No express or implied waiver by TCGC of any event of
default shall in any way be a waiver of any further subsequent event of
default. Nothing herein, including Termination, shall relieve Customer of its
obligation to pay TCGC all amounts due.
(a) Default by Customer.
Customer shall be in default under this Agreement if Customer does one or more
of the following things (each individually to be considered a separate event of
default) and Customer fails to correct each such noncompliance within 30 days
of receipt of written notice: i.e., Customer is more than 30 days past due with
respect to any payment required hereunder; or Customer otherwise has failed to
comply with the terms of this Agreement.
(b) Early Termination Fee.
Customer shall have the right to terminate Service or this Agreement, in whole
or part, at any time during the Service Period upon thirty (30) days prior
written notice to TCGC, and subject to payment of all outstanding amounts due
any applicable Early Termination Charges, and the return of any TCGC Equipment.
If Customer terminates an Order in whole or in part, before expiration of the
Agreed Term, then Customer will pay the following Early Termination Charges,
which represent TCGC’s reasonable liquidated damages and not a penalty: a lump sum equal to:
- the applicable
monthly charges Service, multiplied by
- the number of
months remaining in the Agreed Term.
renewal. This Agreement will automatically renew on a monthly basis
unless Customer gives written notice to TCGC of non-renewal at least ten (10)
days before the end of the monthly term in which the notice is given. If
Customer attempts to terminate Service prior to the end of a monthly term after
the Agreed Initial Term, Customer will be responsible for the full month's
charges to the end of the then-current term, including, without limitation,
unbilled charges, plus a disconnection fee, if applicable, all of which will
become immediately due and payable. Customer will also be responsible for the
next full month's charges in the event that Customer does not provide the
requisite ten-day notice of disconnection prior to the expiration of the
then-current term. Expiration of the term or disconnection of Service will not
excuse Customer from paying all accrued and unpaid charges due under this
(d) TCGC's Right to Terminate and
Termination Charge. If Customer is in default, TCGC shall have the
right, at its option, without prior notice, and in addition to any other rights
of TCGC expressly set forth in this Agreement and any other remedies it may have
under applicable law to: immediately suspend Services to Customer until such
time as the underlying noncompliance has been corrected without affecting
Customer's on-going obligation to pay TCGC any amounts due under this Agreement
as if such suspension of Services had not taken place, including an Early
Termination Charge; AND/OR terminate the Services and this Agreement.
Resulting from Copyright Infringement. Pursuant to 17 U.S.C. § 512 as
amended by Title II of the Digital Millennium Copyright Act, TCGC will
terminate Customer’s account if Customer uses Customer’s account privileges to
unlawfully transmit copyrighted material without a license, valid defense or
fair use privilege to do so. TCGC may,
in its sole discretion, decide to terminate Customer’s account privileges prior
to that time if it has good faith belief that infringement has occurred. TCGC
will also terminate Customer’s account if Customer is deemed to be a repeat
infringer. A repeat infringer is a subscriber who has been notified of
infringing activity more than twice and/or has had User Generated Content
removed from the TCGC Site or Services more than twice.
TCGC may be required to provide information about
Customer to a third party. Customer agrees to hold us harmless for the release
of Customer’s information in connection with a civil subpoena, including, but
not limited to, any claims that Customer did not receive notice of the subpoena
Notices to Customer shall be sent to the Customer billing
Any registrations, agreements, and terms presented by
TCGC electronically have the same effect as one in writing and are legally
enforceable as a signed writing.
TCGC may assign these Terms of Service at any time
without notice to Customer. Customer may not assign these Terms of Service to
any other person.
If any provision of the Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to comply with applicable laws, and the remainder shall remain
in full force and effect.
Any failure of TCGC to enforce any provision of the
Agreement shall not constitute a waiver of any rights under such provision or
any other provision of the Agreement.
If any term or portion of this Agreement shall, to any
extent, be invalid or unenforceable, the remainder of this Agreement shall not
be affected and each remaining term, covenant or condition shall be valid and
enforceable to the fullest extent permitted by law.
The law of the State of Texas shall govern the
construction, interpretation, and performance of this Agreement, except to the
extent superseded by federal law.
For internet technical support, contact 1-877-259-0179, available 24 hours a
day, 7 days a week.
If Customer is renting one or more modems from TV Cable
of Grayson County Internet Service, Customer will be responsible for returning
each modem in good working condition with all accompanying cords. Failure to
return a modem will result in Customer’s account being charged the applicable
fee set forth below. If cords are not returned with the modem, an additional
charge of $20 will apply.
___________ Wireless modem: $100.00.
___________ Internet modem: $100.00.
___________ Phone modem: $120.00.