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Customer Service Agreement

CUSTOMER SERVICE AGREEMENT

THIS AGREEMENT constitutes the entire Agreement between the undersigned Customer and Cable America Corporation (hereinafter referred to as "CableAmerica"). Except as provided herein or by applicable law, no other terms, warranties or representations (implied or express) shall be binding on CableAmerica. The parties agree as follows:


A. General. Subject to the provisions herein. CableAmerica shall provide service to the Customer and the Customer shall pay CableAmerica the fees, rates and charges established by CableAmerica for the cable television service, high speed Internet access service, and other services and the equipment provided hereby.


B. Installation. Customer authorizes CableAmerica to use any existing antenna leads or pull wires in any way necessary or appropriate to install a coaxial cable in the outlet locations requested by the Customer. CableAmerica shall have the right to install, maintain, service, repair and replace any and all components of the system on the premises to be serviced.


C. Access to Premises. Customer agrees to allow agents and representatives of CableAmerica access to the premises at all reasonable times to inspect, maintain, repair and replace the equipment.


D. Indemnification by Customer. If Customer does not own the premises, Customer agrees to defend, indemnify and hold CableAmerica harmless from and against any and all claims losses, liabilities, damages and expenses ("claims") arising from any claim of the owner of the premises in connection with the performance of this Agreement. Customer's duty to indemnify and hold harmless means that the Customer will defend against any such claims and pay on behalf of CableAmerica any such claims including without limitation costs of defense of said claims, attorney's fees, cost of investigation and court or arbitrator costs. The foregoing covenant shall survive the termination of this Agreement.


E. Monthly Service Charge. Monthly service charges established by CableAmerica from time to time are due and payable in advance. The first month's payment, plus installation fee shall be collected upon completion of your order. Your payment is due by the "Due Date" indicated on your statement. Amounts received by CableAmerica will be applied first against oldest past due amounts (including interest and other late charges) if any, and then to current charges. It is understood that you will pay CableAmerica such other additional fees, which CableAmerica may now or hereafter establish, from time to time for premium channels or other services (including without limitation pay per view), which Customer elects to purchase during any month.


F. Returned Checks. If a check is returned unpaid to CableAmerica, Customer signature on the check gives CableAmerica permission to debit their checking account for the original amount due, plus a service fee of $25.00. Otherwise, there is a $25.00 charge for all checks returned from the bank. Payment by check constitutes acceptance of these terms.


G. Breach of Agreement. CableAmerica reserves the right to disconnect service at any time, with or without notice, for late payment or nonpayment of any amount due CableAmerica. Customers wishing to resume service must pay charges in full, up to and including any past due amount (service charge, interest and late fees), reconnection fee and one-month service charge. CableAmerica reserves the right not to resume service based on the history of payments. Customer shall be responsible for all CableAmerica's cost of enforcing this Agreement including but not limited to court or arbitration costs, attorney's fees and cost of collection.


H. Maintenance. At the request of the Customer, CableAmerica will make reasonable service/maintenance calls to check and correct any problems related to the service at no cost. CableAmerica service technicians shall be allowed to inspect the Customer's facilities either inside or outside the place of attachment to the premises. CableAmerica does not service TV sets or VCRs nor will the company be responsible for the same. If CableAmerica service technicians are called for non-cable service related problems, Customer shall pay CableAmerica its standard service charge for any such service call.


I. Interruption of Service; Disclaimers and Limitations. CableAmerica does not assume any responsibility for interruption of service due to acts of God, power failures, equipment failures or any other event outside of CableAmerica's control. CableAmerica is not responsible for any direct or indirect damage or injury sustained by Customer or Customer's property or premises as a result of services or equipment provided by CableAmerica or through failure to provide the same or delay or interruption of service except in the case of gross negligence by CableAmerica. In no event shall CableAmerica have any liability for special, indirect, incidental or consequential damages resulting from failure, defect or deficiency in service, labor, materials, work or equipment, including without limitation failure to provide the same, delay or interruption of service, and loss of information or data during outages.


J. Converter and Equipment. The special tuner/control box ("converter"), remote control and other equipment provided to Customer in connection with this Agreement is and shall remain the sole and exclusive property of CableAmerica. Equipment is licensed or provided to Customer for exclusive use for so long as service is provided to Customer hereunder. If the converter and/or remote controls or any other equipment is not returned to CableAmerica within 10 days of the termination of service and /or is lost, stolen, destroyed or damaged in any respect, Customer agrees to pay to CableAmerica the full replacement value of the equipment as determined by CableAmerica. The equipment is the sole responsibility of the Customer and neither it nor this Agreement may be assigned or transferred to any other person or entity. The Customer shall not deliberately destroy, alter or tamper with the converter, remote control, and/or modem. Unauthorized use may be a criminal violation. CableAmerica's lines and equipment are installed and maintained within stringent FCC guidelines regarding signal leakage. There shall be no extension, alteration or tampering with CableAmerica equipment or facilities at any time. Only CableAmerica or its authorized agents shall make all repairs and modifications to the system. Customer agrees that they will not impair the integrity of CableAmerica's system in any way that may cause a violation of governmental regulations or result in a degradation of signal quality. If it is necessary to commence legal proceedings to recover the converter, remote control, or any other equipment (or the value thereof) or to recover any past service charge, late fees and/or interest thereon, Customer agrees to pay all costs of such proceedings including, without limitation, attorney's fees, court or arbitration costs and cost of investigation paid or incurred by CableAmerica.


K. Discontinuation of Service. Customer may discontinue service upon notification to CableAmerica during regular office hours by phone, in person, or by certified letter. Liability for service may continue until the actual physical disconnect is complete, but in no case later than three business days from the date of such notice is actually received by CableAmerica.


L. Termination of Service. Upon termination of service, Customer is responsible for any outstanding balances, including equipment charges. Any equipment rented or leased from CableAmerica remains the property of CableAmerica. Customer authorizes CableAmerica, its representative or its agent to recover any such equipment from Customer's premises in the event a Customer fails to return the same.


M. Taxes. Customer agrees to pay all Federal, State and Local taxes, if any, which may now or hereafter be imposed or levied upon any charge, fee or other amount due from Customer including, without limitation the charges for monthly service, installation and any other equipment or publications delivered to the Customer.


N. Possible Criminal Violation. Any unauthorized tampering, interfering, injuring any wire or component of the system supplying the service or willfully making or maintaining unauthorized connection, purchasing, attaching or assisting others in or maintaining the attachment of an unauthorized device to the system may be a criminal violation of Chapter 570.300 or the Revised Statutes of the State of Missouri, California Penal Code Section 593e or Arizona Revised Statutes Section 13-3712. In addition, such tampering or interference may be a violation of any Federal, State, or Local franchising or licensing authority, statutes or ordinances. In the event of any such action by Customer, CableAmerica may terminate service and take legal action against Customer as allowed by law.


I have the authority to enter into this Agreement as owner or on behalf of the owner and tenants of the premises and I have read, understood and agreed to the conditions set forth in the above Agreement.