Chambers Cable of Sunriver, Inc.
Acceptable Use Policy

This agreement (“Agreement”) is entered into between Chambers Cable of Sunriver, Inc. (“us,” “we,” “our” or “Chambers Cable”) and yourself (“you” or “your”). This Agreement outlines the responsibilities and obligations of you and us so that we may install and make available high-speed cable modem service at your address. Therefore, the parties agree as follows:

General Terms
You are responsible for any and all use of Service under your account alias including but not limited to screen name or email address, by any person. You must insure all use complies with this Agreement. You warrant that you are at least 18 years of age. You may, at your discretion, permit minors to use the Service under adult supervision. You are solely responsible for monitoring all material that is accessed by minors using your account. Confidentiality of your passwords and account names are your responsibility. You are also required to update us as to a change of your personal information (including but not limited to a change of address or phone number). We reserve the right to change or discontinue any aspect of Service, including but not limited to availability of access, pricing, and equipment required for Service. Continued use of Service constitutes agreement to any modifications made to this Agreement by us and your acceptance thereof. Either party may terminate service at any time. In some cases a termination charge may apply. If you are not able to contact us via phone or in person, you are required to send written notice when desiring to terminate service via U.S. mail or fax to: Chambers Cable of Sunriver, Inc., P.O. Box 3275, Sunriver, OR 97707 or (541) 593-1001. You are responsible for all fees up to the date of termination; at that point only full-month refunds (no partial-month refunds) from pre-paid Service may be given at our sole discretion. Transfer of your rights or obligations hereunder to any person is prohibited without written authorization by and at the sole discretion of us. Additional charges may apply to such a change of rights or obligations at our sole discretion.

Charges
You agree to pay for the Service subscribed to herein, including but not limited to applicable installation charges, local, state or federal fees or taxes. Monthly charges for Service are on a separate price list available from us. Monthly pricing is subject to change in the future at our sole discretion. Charges will be billed monthly in advance and are due by the date specified on the invoice. An administrative late charge may apply on account balances over thirty (30) days past due. We reserve the right to interrupt Service due to lack of payment after thirty (30) days at their sole discretion. If Service is discontinued you shall be required to pay a reconnect charge before Service is restored. In addition, if Service is discontinued, you are liable for paying any Equipment return fees and any other previously agreed to charges. You may be required at our sole discretion to pay for any on-site visits by us. We may assess a service charge for any and all returned checks and credit or bank card chargebacks. You are responsible for any and all expenses incurred by us in collecting any past due amounts from you in accordance with this Agreement.

Conduct
A. You are permitted to use Service for lawful purposes only. You may not post or transmit copyrighted, discriminatory, harassing, obscene, fraudulent, defaming, slandering, or threatening materials. The transmitting of material that is objectionable, or that could give rise to conduct that may constitute a criminal offense is strictly prohibited.
B. You may not host any servers including but not limited to mail servers and HTTP servers without our written permission.
C. Any solicitation or reselling of Service or products provided with respect to Service is prohibited without our written permission.
D. The Service may contain copyrighted or trademarked materials and other proprietary information available for your personal use, and except as permitted by law, no copying, redistribution, or commercial use of such materials is permitted without our written permission and a third party copyright owner, if applicable.
E. You will not post or make available to the public domain any copyrighted, trademarked or otherwise protected material without the written permission of the owner thereof. You are responsible for any such materials posted and assume all risk associated therewith. You grant us the right to copy, alter, remove, publish and distribute any and all material posted over the Service by you (including but not limited to chat service postings, forums, and bulletin board on the Service) at any time for any reason.
F. Provisions in this section are for the benefit of us, and all third party affiliates, wherein all parties have the right to assert and enforce such provisions directly on their own behalf.
G. In addition to all of the foregoing provisions these additional provisions apply to your Conduct:
1. You may not impersonate, or communicate under a false pretense or persona which you are not authorized or entitled to use.
2. You may not use or participate in fraudulent offers for products or services.
3. You must post a valid return address for all e-mail posted on Service.
4. You must refrain from mass postings to many inappropriate online sites (including but not limited to email bombing, spamming or junk mailing). DUE TO THE EXCESSIVE USE OF BANDWIDTH CAUSED BY SPAMMING, YOU AGREE TO PAY A $500 CLEAN-UP FEE PER E-MAIL ITEM (BOTH INCOMING AND OUTGOING) THAT YOU SENT OUT AS SPAM.
5. You may not use the Service to post unsolicited email advertising, with exception to specifically designated online areas.
6. You may not perform an activity that constitutes a criminal offense, or export software or technical information in violation of United States export control laws.
7. You may not interfere with other users’ Service, or use the Service in a manner that disrupts or damages our system. We reserve the right to monitor your actions when deemed necessary to determine if there is a system abuse and solve connectivity problems. We also reserve the right to suspend or terminate your Service if it is determined that you interfered with other users’ Service, or you used the Service in a manner that disrupted or damaged our system.
8. You may not knowingly transmit or post files containing viruses, worms, or any other contaminating or destructive feature.
H. Violations of this section may be unlawful; however, we cannot ensure prompt removal of content that violates Conduct policies, or immediate cessation due to conduct. We hereby expressly deny all liability to you or third parties for failure to enforce these policies.
I. At our sole discretion, we may initiate investigations, and suspend access to Service to prevent unauthorized use to the account in question. Confirmation of violations may result in criminal prosecution and/or termination of your account.
Equipment
We will install the Equipment if needed, unless you request otherwise, at the rate quoted to you prior to installation. We may enter premises and have access to your Computer(s) periodically during the term of this Agreement to install, connect, inspect, maintain, repair, or alter the Equipment, or associated hardware or software or to disconnect or remove Equipment provided by us. You warrant that if you do not own the premises where installation shall occur, consent has been obtained from the owner by you for us to enter.
Any Equipment supplied by us shall at all times remain the sole and exclusive property of us, and you shall acquire no interest therein by virtue of payments provided in this Agreement. You will not open, alter, misuse or tamper with in any way, or remove the Equipment from the installation location deployed by us, and will not remove any markings or labels from the Equipment. You assume all liability for Equipment, be it loss or damage of any kind. You will allow only a Chambers Cable representative to perform any work on the Equipment. You acknowledge upon termination of Service, for any reason, your right to possess and use Equipment will also terminate. In such event, the Equipment shall be returned to us in the same condition as when received, ordinary wear and tear excepted. If you do not return the Equipment, we will charge you a service visit to pick-up the Equipment and all applicable Equipment costs. If the foregoing conditions are met, we will within a reasonable time thereafter return your security deposit, if any. If the Equipment is not returned, is destroyed, damaged, or lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of Equipment. If Equipment is not returned as described in this Agreement, you shall pay us a replacement fee without any deduction for depreciation, wear and tear of physical condition of Equipment. We may apply a security deposit to any such obligation of you, and collect the remaining balance. In the event any amount is deducted from the security deposit, you are required to replace the amount deducted to maintain service.

Service & Repairs
We will make every effort to respond to calls related to Service and Equipment in a timely manner. Any interruptions of Service due to reasonable Equipment wear and tear, or technical malfunction will be repaired at our expense. The cost of repairs will be billed to you in a case warranting an on-site visit where negligence, lack of knowledge, or any problem not caused by us has occurred, as determined by us in our sole discretion. All other repair or replacement will be at your expense.

Service Interruptions
In the event Service is completely failed or interrupted due to technical malfunction for more than twenty-four (24) consecutive hours, you are entitled to a prorated credit upon written request, which must be received within thirty (30) days of the failure or interruption. We shall have no liability for interruptions of Service due to circumstances beyond our control, including but not limited to natural disaster, civil disturbance, regulation or government acts, fire, strike, weather, acts of God, or loss from our providers.

Limitation of Liability
You expressly agree that use of the Service is solely at your risk. Neither Chambers Cable nor any of its affiliates, employees, agents, third party content or information service providers or licensors warrant uninterrupted or error free Service. Chambers Cable and such affiliates provide no warranty to the results that may be obtained through the Service, nor do they warrant the accuracy, reliability, or content of any information, services, or merchandise available through the Service. We do not warrant and shall not be responsible for any merchandise purchased or commercial transactions completed via the Service by you. You are expressly responsible for all such charges and indemnify us of all liability in connection therewith. SERVICE AND EQUIPMENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. All loss of data or damage of software or your Computer is the sole liability of you and you agree to indemnify us of all liability herein. In no event (including negligence) will Chambers Cable or its affiliates, or any person or entity involved in creating, producing, or distributing the Service (including content) or the Equipment be liable for any direct, indirect, incidental, special or consequential damage arising from the use or inability to use the Service or out of breach of any warranty. In no event shall we be cumulatively liable for more than one month’s total payment made by you to us. You acknowledge the provisions in the section herein are for the benefit of Chambers Cable and its affiliates, third party content and information service providers and suppliers and their respective employees and agents (each with the right to assert and enforce the provisions herein directly on its own behalf).

Monitoring
We shall have the right but not the obligation, to monitor content of the Service, including but not limited to chat rooms, bulletin boards, and forums, in order to determine compliance with this Agreement. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted or transmitted on the Service. Without limiting the foregoing or any rights in this Agreement, we shall have the right and sole discretion to remove any material deemed in violation of any provisions or conduct rules provided in this Agreement, or otherwise to be objectionable (including but not limited to indecent, obscene, obstructive or disruptive). We will not undertake any obligation to review or determine acceptability or accuracy of any of your postings, including defamation, copyright, trademark or other proprietary rights, infringements, or otherwise.

Indemnification
You agree to defend, indemnify and hold harmless Chambers Cable, its affiliates and third party content and service providers and their respective officers, directors, employees and agents, from and against all claims and expenses, including attorneys’ fees arising from the use of the Service by you or arising from the use of your account.

Miscellaneous
This Agreement and any operating rules for the Service established now or hereafter constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties; provided that any agreement relating to your cable television service with Chambers Cable shall remain in full force and effect. Acceptance or use of Service shall constitute acceptance of the terms and conditions herein. This Agreement shall be construed with and governed by the laws of the State of Oregon, without regard to its conflict of laws rules. In the event that any portion of this Agreement is held invalid or unenforceable, such portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties set forth herein, and the remainder of the Agreement shall remain in full force and effect. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

Definitions
Acceptable Use Policy (“AUP”) means but is not limited to acceptable conduct by you in connection with use of the Service. We reserve the right to revise the AUP without notice by posting changes over the Service, as required by law or at the express and sole discretion of us.
“Computer” means your personal electronic device(s) to be used to access the Internet through our high-speed cable modem service (“Service”). A Computer may need to meet certain requirements set forth by us in order for the Service to work properly.
“Equipment” may include any necessary device required and/or supplied by us, such as the cable modem. Equipment may or may not need to be installed by us on your premises.

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