Super-Net Cable Modem Service Subscriber
In order for your service to continue, we must have a completed subscriber
agreement on file for you. Please read the subscriber agreement that follows and
complete the necessary steps.
This Agreement ("Agreement") is between Super-Net, Inc. and the Service
Subscriber ("I" or "me" or "my"). This Agreement sets forth the terms and
conditions under which I use and do hereby subscribe to your Service and
Software and under which you agree to provide me with your Service and Software.
available at terms.html
and the Super-Net Cable Modem Service
Installation Agreement, which is available at
1 You will provide me with access to the Internet and its services (the
"Service"), subject to the terms and conditions of this Agreement, from the date
on which I accept or sign this Agreement until either you or I terminate this
Agreement as provided in Paragraph 10.
1.1 I understand you may modify or discontinue the Service at any time with or
without giving me advance notice.
1.2 You will make reasonable efforts to provide me with continuous,
uninterrupted, expedient and error-free Service. Nonetheless, I understand that
temporary interruptions of the Service may occur as normal events in the
provision of the Service.
1.3 I understand that you have no control over the networks, facilities or
services of third parties and that delays and disruptions involving them are
completely beyond your control.
1.4 I understand that I must maintain an active cable TV connection from
Massillon Cable TV in order to use a cable modem.
2 In return, I will pay you the charges for the Service, including applicable
installation charges, taxes and fees as listed at
. I understand that the charges, taxes,
fees, terms and conditions may be modified from time to time. Once I have been
notified of such a change, my continued use of the Service constitutes my
acceptance of that new charge, tax, fee, term or condition.
2.1 I will pay you in accordance with the payment terms on the invoice you send
me for the Service.
2.3 You will bill me one month in advance via e-mail. Super-Net does not send
invoices via US Mail.
2.4 If I pay you after the specified late payment date, you may charge me a
monthly late charge as liquidated damages at the rate of 1.5% per month (18% per
year) of the entire outstanding balance for each month or portion thereof for
which the balance remains, and the Service may be disconnected. I may also owe
you for your expenses incurred to recover past due charges, including attorney's
fees and legal costs.
2.5 I understand that you may debit my checking, savings, or credit/debit
account to obtain past due access and cable modem rental fees. I understand that
you may also obtain a civil judgement and garnish my earnings for recovery of
past due access and cable modem rental fees.
2.6 If you disconnect the Service, I may have to pay a reconnect fee and
security deposit, in addition to all past due charges before you reconnect the
2.7 I agree not to remove or move the modem to another location, either within
the residence or place of business or to another location, without informing
Super-Net in writing before such move. If Super-Net finds that the modem has
been moved to another location either within the residence or business or to
another location, Super-Net, at it's discretion, may charge the customer
standard installation charges if a service call is required to restore service.
2.8 I understand that I may incur charges, including taxes, for which I am
solely responsible, from other Internet or on-line services, telecommunications
service providers or providers of other goods and services which I may purchase
or subscribe to.
2.9 I understand that monthly rental charges for my cable modem service will
continue even if my cable TV service is discontinued.
3 If I have any questions or concerns regarding this Agreement or the Service, I
can contact you via email at email@example.com, by phone at 330.830.2800 or at
Super-Net, Inc. 814 Cable Ct. NW, Massillon, OH 44647.
4 You may, but need not, monitor the content on the Service and may disclose any
information you deem necessary to comply with any law, regulation or
governmental order or to protect yourself or other Subscribers. You may refuse
to post or may remove any material or information that, in your sole discretion
is unacceptable, undesirable or in violation of this Agreement. You may suspend
or terminate the Service to me, or suspend or terminate any user ID, electronic
mail address, Universal Resource Locator or domain name which I use in
connection with the Service, if my use of the Service (a) violates any law,
regulation or tariff, (b) is obscene, defamatory, deceptive or fraudulent, (c)
is intended to threaten, harass or intimidate, (d) interferes with another
subscriber's use or enjoyment of the Service, (e) is in any way inconsistent
with your Terms and Conditions, (f) tends to damage your name or reputation, (g)
involves my provision of ftp or web server capabilities or (h)otherwise violates
5 LIMITATION OF LIABILITY.
5.1 UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER YOU NOR
YOUR AFFILIATES, SUBCONTRACTORS, EMPLOYEES OR AGENTS WILL BE LIABLE TO ME OR TO
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNATIVE,
CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, ALLEGATIONS, CLAIMS, SUITS OR OTHER
PROCEEDINGS, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES), INCLUDING
LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES OR DATA, INACCURACY OF DATA,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR PERSONAL INJURY
(INCLUDING DEATH), RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH,
DIRECTLY OR INDIRECTLY, MY USE OF THE SERVICE OR MY RELIANCE ON OR ANY OTHER USE
OF THE EQUIPMENT OR SERVICE, INCLUDING, WITHOUT LIMITATION, (A) A CONTENTION
THAT THE USE OF THE EQUIPMENT OR SERVICE BY ME OR A THIRD PARTY INFRINGES THE
COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER
INTELLECTUAL PROPERTY OR CONTRACTUAL RIGHT OF ANY THIRD PARTY, (B) MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION, NONDELIVERIES, MISDELIEVERIES, TRANSMISSION OR ANY FAILURE OF
PERFORMANCE OF THE EQUIPMENT OR SERVICE, (C) THE CONTENT OR SERVICES AVAILABLE
ON THE INTERNET OR OTHERWISE THROUGH THE SERVICE, INCLUDING THE ACCURACY,
QUALITY AND CONFIDENTIALITY OF INFORMATION OBTAINED THROUGH THIRD PARTIES
THROUGH THE SERVICE, (D) THE ACTIVITIES OF OTHER INTERNET USERS OR CABLE OR
SERVICE SUBSCRIBERS IN ACCESSING OR MONITORING MY COMPUTER OR MY USE OF THE
SERVICE, OR (E) ACTS OR OCCURANCES BEYOND YOUR REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, FIRE, LIGHTNING, EXPLOSION, POWER SURGE OR FAILURE, WATER,
ACTS OF GOD, WAR, REVOLUTION, CIVIL COMMOTION OR ACTS OF CIVIL OR MILITARY
AUTHORITIES OR PUBLIC ENEMIES, ANY LAW, ORDER, REGULATION, ORDINANCE OR
REQUIREMENT OF ANY GOVERNMENT OR LEGAL BODY OR REPRESENTATIVE THEREOF, LABOR
UNREST, INCLUDING, WITHOUT LIMITATION, STRIKES, SLOWDOWNS, PICKETING OR
BOYCOTTS, INABILITY TO SECURE RAW MATERIALS, TRANSPORTATION FACILITIES, FUEL OR
ENERGY SHORTAGES, OR ACTS OR OMISSIONS OF COMMON CARRIERS.
5.2 Your liability for damages in regards to extraordinary and unreasonable
interruptions of Service, or for mistakes, omissions, delays, errors and defects
in the Service, shall in no event exceed an amount equal to the pro rata charges
to me for the period during which the Service was affected.
5.3 The limitations set forth in this Section 5 apply to the acts, omissions,
negligence and gross negligence of you and each of your respective affiliates,
subcontractors, employees and agents, under any contract, tort or other legal
5.4 My sole and exclusive remedies under this Agreement are as expressly set out
in this Agreement. Some states do not allow the limitation or exclusion of
incidental or consequential damages, so such a limitation or exclusion may not
apply to me.
6 I will indemnify and hold you harmless from all claims, losses, expenses,
suits, attorney's fees, costs, fees or liabilities for injuries to or death of
any person or for damages to or loss of any property which may in any way arise
out of or result from or in connection with my use of the Service, Software or
Hardware, particularly if such use (a) violates any law, regulation or tariff,
(b) is defamatory, deceptive or fraudulent, (c) is intended to threaten, harass
or intimidate, (d) interferes with another subscriber's use or enjoyment of the
Service, (e) is in any way inconsistent with your Terms and Conditions, or (f)
otherwise violates this Agreement.
7 This Agreement should not be construed to give me any interest, title, or
license in the user ID, electronic mail address, Universal Resource Locator or
domain name which I use in connection with the Service.
8 In order that we may provide reliable, high quality service to you, we keep
regular business records that contain your name, address, and other personally
identifiable information. Such records include billing, payment and deposit
records and the service options you have chosen. We use this information to make
sure that you are being billed properly for the services you receive.
8.1 We consider information we keep to be confidential. We may collect
personally identifiable information from you and may disclose it to a third
party if (a) you consent in advance in writing or electronically; (b) disclosure
is necessary to render service and related business activities (For example, we
may without your consent disclose your name and address to a collection service
if required to collect past due bills.); or (c) disclosure is required pursuant
to a court order.
8.2 Unless you object, from time to time, we may also disclose your name and
address for mailing lists and other purposes. We will not disclose the extent of
your use of a particular service or the nature of any transaction you may make,
but we may disclose that you are among those who subscribe to a particular
service. If you wish to remove your name from such lists or limit the use of
your name at any time, please contact us at the office.
8.3 We may also electronically test the system from time to time to determine
whether you are being properly billed for the service you are receiving.
8.4 We will maintain information about you for as long as we provide service to
you and for a longer time if necessary for related business activities. When
information is no longer necessary for our purposes, we will destroy the
information unless there is a legitimate request or order to inspect the
information still outstanding.
9 YOU ARE PROVIDING ME WITH THE SERVICE, SOFTWARE AND HARDWARE "AS IS" WITHOUT
WARRANTY OF ANY KIND. YOU DO NOT WARRANT (A) UNINTERRUPTED USE OF THE SERVICE,
SOFTWARE AND HARDWARE, (B) THAT ANY DATA OR ANY FILES THAT I SEND WILL BE
TRANSMITTED IN UNCORRUPTED FORM OR IN A REASONABLE TIME, (C) THE ACCURACY OR
RELAIBILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR (D) ANY
TRANSACTIONS EXECUTED THROUGH THE SERVICE. YOU DISCLAIM ANY AND ALL WARRANTIES
INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTIBILITY AND PERFORMANCE. Some
states do not allow the exclusion or limitation of implied warranties, so the
above exclusions and limitations may not apply to me.
10 Either you or I may terminate this Agreement at any time by providing the
other party with at least 24 hours written notice of such termination. However,
the service will not be terminated until all equipment which belongs to
Super-Net is returned.
10.1 I understand that the cable modem is the property of Super-Net. I will use
reasonable care in safeguarding the modem from damage. I will promptly return
the cable modem to Super-Net upon termination of my service.
11 I will comply with the terms and conditions of all end user software license
agreements accompanying any software or plug-ins which you distribute in
connection with the Service.
12 I am at least 18 years old and have the ability to sign binding contracts. I
am executing this Agreement on behalf of everyone who will use the Service,
Software or Hardware through my computer or with my account or password and I am
solely responsible for any resulting violation of this Agreement. I am solely
responsible to ensure that they understand and will comply with this Agreement.
13 You may, in your sole discretion, change, modify, add or delete portions of
this Agreement at any time. Once you notify me of any such changes by posting
them on the Service or sending me notice via email or postal mail, my continued
use will be deemed to indicate my acceptance of such changes. If I do not agree,
I will immediately stop using the Service and terminate this Agreement as set
out in paragraph 10.
14 This Agreement shall be governed by and construed under Ohio law.
15 I may not assign my account on the Service to anyone without your express
written consent. Upon reasonable notice, you may assign your rights and
obligations under this Agreement.
constitutes our entire agreement regarding its subject matter and supersedes all
prior written and oral agreements. Your failure to insist on strict enforcement
or your course of conduct shall not be construed as a waiver of any provision.
Not a Current SuperNet subscriber?
Super-Net Inc. Subscriber-Agreement
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