AndroidTV242 Agreement & Weaver
1.ANDROIDTV242 Services Agreement: We agree to provide to you, and you agree to accept from us, our ANDROIDTV242 access to the Internet TV. for a single Android Box (unless otherwise specified and agreed) connected at your residence or place of business. By ordering and using the Service, you and all members of your household and their guests or your employees agree to be bound by and are obligated to use the Service under and in compliance with the terms and provisions of this Services Agreement. We reserve the right, at our discretion, to change, modify, add or remove the terms of this Services Agreement at any time. If changed, notification will be posted on our web site as well as the revised services agreement. Your use of the Service after such notice shall constitute your acceptance of such modification(s) as an amendment to this Agreement. To the extent permitted by law, you waive any and all objections you may now or hereafter have to the enforceability of this Services Agreement against you, specifically including, but not limited to, any objections or claims that it is a shrink wrap or contract of "adhesion."
2.General Usage Terms and Conditions for All Services: ANDROIDTV242 shall not have any responsibility for operation maintenance, or repairs of the subscriber television set or any other subscriber provided equipment. The subscriber shall not disturb, alter, or remove any equipment or cabling provided by ANDROIDTV242 , and will safeguard such equipment from injury or damage, and will not permit anyone other than a representative of ANDROIDTV242 to perform any work on said equipment. In the event the subscriber is not the owner of the premises in which the company’s equipment is to be installed, the subscriber warrants to ANDROIDTV242 that he has the consent of the owner of the premises for ANDROIDTV242 to make installment and maintenance contemplated by this agreement.
3.License: During the terms of this Services Agreement, we grant you a non-exclusive, non-transferable, limited license to use the Service to access the Internet or communicate by phone at a single residence or business location. Except for the license granted herein, all rights, title and interest in "data" accessed by you in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of ANDROIDTV242 and other contributors of data. If you are a residential customer, your right to use the services of ANDROIDTV242 extends to all members of your immediate family residing within the same household. If you are a business, the right to use the services of ANDROIDTV242 extends to all of your employees at the single location.
4.Age of Customer: If you are less than 18 years of age, the Agreement must be accepted by a parent or legal guardian who is responsible for all charges and bears all liability related to the use of the Service account(s). By accepting this Agreement, the parent or legal guardian recognizes that ANDROIDTV242 does not control content or subject matter of data or other information available on the Internet, and agrees to supervise any access to the Internet by minors.
5.Digital Cable Equipment Usage Terms: We will deliver to the subscriber’s premises the necessary equipment for subscriber’s use, in connection with this agreement. All equipment is uniquely identifiable and addressable. We may deactivate it remotely without advance notice or permission of the subscriber should the subscriber fail to honor it payment agreement. With regard to such equipment, the subscriber agrees: 1) To use the equipment for the purpose of receiving the service ordered form ANDROIDTV242 and for no other purpose. 2) To prevent any connections to the equipment which are not expressly authorized by ANDROIDTV242 , any such unauthorized connection or tampering is considered unlawful. To prevent tampering, altering, or repair of the equipment by any person other than authorized personnel. 3) To assume complete responsibility for improper use, damage, or loss of such equipment regardless of cause. 4) To return the equipment in good condition, ordinary wear and tear resulting from proper use accepted, within five business days after service is disconnected. If the converter is not returned, subscriber’s credit card will be billed accordingly.
6.HD TV: In order to utilize the Internet Service, you must own a Flat Screen HD TV with Internet access (Wireless being the minimum requirement) NOTE: Minimum system requirements may not be capable of processing information at the same speed as the internet connection you purchase. This may result in the perception that the internet speed is slower than it actually is. In order to utilize the android service.
7.Customer's Use of ANDROIDTV242 Network: You agree that the Service may only be used for lawful purposes. Transmission of any material in violation of any Bahamian statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening, indecent or obscene, or material protected by trade secret. You agree not to use the Service, including but not limited to, the cable modem/power supply/Integrated Access Device and any software provided by us for any illegal, abusive or fraudulent purpose, or to achieve unauthorized access to any computer systems, software, data or other copyright or patent protected material. If you do, you acknowledge that you may be referred by ANDROIDTV242 to appropriate law enforcement agencies.
8.Ownership and Use of Equipment; Software License:. You will use reasonable care to avoid damaging the android box and power supply, and will not move, relocate, alter, sell, lease, license, assign, encumber or otherwise tamper with the equipment.. We further grant you a limited, non-exclusive license to use any software we provide for your use in connection with the Service only. This license expires upon termination of this Agreement, or disconnection of Service. All routers either wired or wireless, are the sole property and responsibility of the customer. We have no responsibility for any use or issues with routers that may be used by our customers.
9.Service Outage Due to Suspension of Your Account: You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service.
10.Other Service Outages: You acknowledge and understand that if there is a internet service outage for ANY reason, such outage will prevent ALL Service. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
11.Billing and Payment Obligations for Service: Billing and payment provisions for the Service, including the set-up and monthly recurring charge, are as set forth in the Service Guide pricing schedule which is incorporated herein by reference, or as otherwise agreed to in writing by the parties. You also agree to pay all applicable federal, state and local fees or taxes. We have the right to terminate your Service if an invoice from us is not fully paid when due and impose a late fee of not more than $5 on any outstanding amount as a one-time late charge, at our discretion, for failure to pay all bills within 30 days of billing. We may charge a reasonable service fee for all returned checks. If you discontinue the Service or are disconnected, you agree to pay a reconnect charge before reconnection. You will be responsible for all expenses (including reasonable attorney's fees) incurred by ANDROIDTV242 Net in collecting any unpaid amounts due in accordance with this Agreement. We also reserve the right to change from time-to-time the amount of the monthly Service fee and any other applicable charges upon reasonable advance written notice to you.
12.General Disclaimer of Warranties and More Limitations of Liability; Indemnity: You hereby acknowledge that we exercise no control whatsoever over the content of the information passing through ANDROIDTV242 network. Occasional interruption or irregularities in the service may occur. We provide our services to you on as "as is, as available" basis, without warranty of any kind, expressed or implied, including, but not limited to the warranties of performance, merchantability and fitness for a particular purpose. This disclaimer of warranty expressly includes any reimbursement for loss of income due to disruption of service by ANDROIDTV242 or other Internet service providers). You further acknowledge that use of the Service or any information obtained via the Service is at your sole risk, and that we, your Internet TV provider and Internet content contributors shall not be liable to you for any direct, indirect or exemplary, incidental, indirect, special, or consequential losses or damages relating in any way to demands or claims involving or arising in any manner out of (1) your use of, inability to use, or failure to perform research or related work, communicate by phone or to work properly, the Internet, or Internet data, (2) inaccurate or poor quality Internet data obtained through the Service, (3) loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions. You further agree to indemnify and hold harmless ANDROIDTV242 from any claims of any nature whatsoever resulting from your use of ANDROIDTV242 Service.
13.No Liability for Obscene or Offensive Content, Pornography, Etc: You acknowledge and understand that we only provide access to the Internet. We do not publish (other than e-mail messages that we may from time to time send you regarding the Service), control, monitor or restrict the information, programs, e-mail, "chat rooms", interactive gaming or other material that is available to your residence or place of business through the Internet, the World Wide Web, or through USENET newsgroups. You may find material available to be shocking, profane, abusive and/or offensive. You may, in fact, find some material to be obscene, sexually explicit, or otherwise indecent. You recognize that ANDROIDTV242 is not responsible for this material, and acknowledge that you have been notified that such material is present. You are solely and exclusively responsible and at risk for (1) all Internet content accessed via the Service by you and other members of your household or business and their guests, and (2) providing suitable adult supervision of any person who is less than eighteen (18) years of age and uses the Service at your residence or place of business to access the Internet. You agree that neither we nor your cable company are in any manner responsible for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content accessed using the Service.
14.No Liability for Parental Empowerment Software: You may want to consider installing blocking and filtering software developed by others that empower parents to restrict their children's access through the Internet to objectionable or inappropriate material, and protect or prohibit them from corresponding with criminals or disclosing personal or other information. You acknowledge that we do NOT publish such software, and agree that we are in NO manner responsible for the effectiveness or ineffectiveness of these blocking and filtering technologies, or any disruption of service that is a result of such software.
15.No "Hacking", "Spamming" or Infringement of Other's Rights: You agree not to publish on or over the Internet any content that violates or infringes upon the rights of any other person. You also agree not to use the Service or cable modem for any illegal purpose, to achieve unauthorized access to another party or person's computer systems, software, data or other copyright or patent protected material (commonly referred to as "hacking"). You agree not to interfere with the use of the Service or the equipment by other customers or disrupt the Service backbone network nodes or network services. You also agree not to send unsolicited mail to our subscribers without our explicit written permission for each instance of communication. You further agree not to upstream unsolicited distribution lists in e-mail or other mass unsolicited e-mail (commonly referred to as "spam"). Your violation of any of these promises is grounds for immediate termination of Service and this Agreement. If we are challenged by a third party regarding the suitability of your content, we may, at our sole discretion, suspend your access to the Internet. We assume NO liability whatsoever for any losses, claims, damages, expenses, liabilities or costs (including legal fees) arising out of or in connection with allegation, claim, suit or other proceeding based upon your use of the Service or our Equipment or any third party which infringes the copyright, patent, trademark, trade secret or other industrial or intellectual property rights or contractual rights of any third party.
16.No Liability for Unauthorized Access, Encryption, or File-sharing: We treat communications and data traffic on or through our Service as strictly confidential and do not access, use or disclose contents of private communications, except in limited circumstances as compelled or permitted by law. However, since the Service is a shared network used by subscribers to video programming and our Service which provides access to the Internet (and beyond such network the Internet does not provide security), it is possible that others may access or monitor your data traffic You acknowledge that the Internet systems use public access facilities, to transmit voice and data communications, and that the Service may accordingly not be completely private. Accordingly, we do not warrant that any data or files sent or received by you over the Service will not be subject to unauthorized access by others or that other users (i.e., "hackers") will not gain access to your home computer. We are not liable to you for any claims, loss, damages or cost that may result from your lack of privacy on the Internet by virtue of your use of the Service. In addition, the Service is configured to disable peer-to-peer networking/file-sharing if necessary. We do not recommend the use of any file-sharing/peer-to-peer networking due to the inherent security risks. If you decide to utilize ANY such file-sharing/peer-to-peer networking methods or software, you are accepting the terms that you acknowledge the extreme security risks to your computer and the privacy of your data files associated with such networking, and that we provide NO liability for any losses. Moreover, if you choose to run applications that permit others to gain access to your computer, you do so at your own risk and should take appropriate security measures. For these and other reasons, you may want to consider installing third-party authentication-encryption software to protect your drives and data/e-mail files. We extend no warranty and accept no liability with respect to the effectiveness of such software.
17.Customer Support: We will provide you with "Help Desk" support that can be accessed by telephone or by e-mail. We do NOT provide support for hardware or software provided by the customer. The telephone numbers and e-mail addresses for support services, as well as hours of operation, and the terms of our support services are printed in the Support Guide provided with this agreement, and are available on-line. If you modify the hardware we supply, or the equipment you provide requires a visit to your residence or place of business for repair or correction, we reserve the right to charge you for the visit and labor required to correct the situation. We do NOT undertake to correct or repair hardware or software that we do not supply.
18.Technical Support Priority: Our Phone Support is provided on an incoming call order basis, with each call being handled in the order it comes in. Service Call visits are handled on an Order of Priority basis. We manage the Service Call visits to ensure that all visits are handled in the most efficient manner to prevent disruption of service. Every attempt will be made to handle all calls as quickly and promptly as possible.
19.Transfer of Service: Transfer of accounts from one subscriber to another is prohibited. All accounts must be terminated and reopened under name of the new tenant for issuance of a new account number. Transient and/or seasonal cable subscribers are urged to call for disconnection when relocating or departing cable residence. Account holders are liable for all services rendered by ANDROIDTV242 prior to subscriber’s final notification to terminate service.
20.Terms and Termination: This Services Agreement shall become effective at such time as you first use the Service, and shall continue in force until a period of not less than one (I) month has expired, at which time it shall renew itself indefinitely on a month-to-month basis until terminated by either party upon thirty (30) days written notice by either party. ANDROIDTV242 , in its sole business judgment, may terminate this Agreement immediately or suspend your access to the Service upon any breach of this Agreement by you, including, but not limited to, refusal or failure to pay for services provided or disruptive on-line behavior. Upon termination for any reason, we reserve the right to delete any data left by you on ANDROIDTV242 owned and controlled computers.
21.Effect of Agreement: This Agreement embodies the entire understanding between you and ANDROIDTV242 with respect to the subject matter hereof, and supersedes any and all prior understandings and agreements, oral or written, relating thereto.
22.Force Majeure: ANDROIDTV242 's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain the necessary equipment and supplies, and the like.
23.Severability: If one or more of the paragraphs in this agreement are found to be unenforceable or invalid, you’re and ANDROIDTV242 's agreement on all other paragraphs is unaffected.
24.Notices: Except as otherwise provided herein, you may provide notice to us of any matters affecting this Services Agreement at the address provided in the preamble hereto.
25.Governing Law: This Agreement shall be governed by and construed under the laws (without reference to the conflicts of laws / rules) of the Commonwealth of The Bahamas.
26.Waiver: Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.