|
|
KNOLOGY TERMS AND CONDITIONS FOR HIGH-SPEED INTERNET SERVICE
| 1. | PROVISION OF SERVICE.
I understand and agree that, subject to the terms and conditions of this Agreement, Knology shall provide me with Internet access and web site hosting services. I understand and agree that I am fully responsible for the use of the Service by me or by anyone whom I permit to use my account, and that Knology reserves the right to terminate my account or Service at any time, for any reason.
|
| 2. | SERVICE RATES AND CHARGES.
I agree to pay the monthly rate and other fees, including applicable taxes, for the Service as established from time to time by Knology. A copy of Knology's rates and charges for the Service will be available on-line at http://www.knology.com/ and I will be provided with a copy of the applicable rates and charges upon request. Rates and charges, and other terms and conditions of the Service are subject to change by Knology from time to time by posting the changes on-line at http://www.knology.com/. Knology will invoice monthly for usage of the Service and for any other services utilized by you or other users of your account which are billed for by Knology in connection with the Service (including any applicable taxes), either directly by Knology or through your designated credit card company. Payment for the Service, including any applicable taxes, must be received by Knology within thirty (30) days after the date of the invoice, and if any payment due hereunder is not made within thirty (30) days after the invoice date, late charges of one and one-half percent (1 1/2%) per month shall be due and payable with respect to such payment. Customer acknowledges that Customer may incur charges while using the Services. For example, charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. Customer agrees that all charges, including all applicable taxes, shall be paid by Customer and are not the responsibility of Knology.
|
| 3. | ACCESS AND AUTHORIZATION.
Customer authorizes Knology and its employees, agents, contractors and representatives to enter Customer's premises in order to install, maintain, inspect, repair and remove the Equipment. All such services will be conducted at a time mutually agreed to by Knology and Customer. Customer is responsible for cancellation of any previous Internet access provider or service.
|
| 4. | EQUIPMENT PROVIDED.
Knology or its agent or contractor may provide Customer with a cable outlet (if required), one cable modem, a network interface card (for desktop systems only, we do not provide network interface cards for laptop computers) and certain software (collectively, the "Equipment"). Knology will also provide a user manual and instructions on the use of the Equipment and the Services. The Equipment provided by Knology, when properly installed in Customer's computer, will allow Customer to access and use the Services.
|
| 5. | INSTALLATION.
(a) Computer Equipment Requirement. Knology or its agent or contractor has provided Customer with materials which set forth the minimum hardware and operating system requirements necessary to use the Services. Customer represents and agrees that Customer has reviewed those materials and that the computer in which the Equipment will be installed meets these minimum computer requirements. Further, Customer understands that he or she must possess original (or equivalent) media (CD, disk, etc.) for the Operating System in order for an installation to be successful.
(b) Back-Up Requirements. The installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outage or potential damage to Customer's computer. Customer acknowledges and agrees that Customer is solely responsible for backing-up all existing computer files by copying them to another storage medium prior to installation of the Equipment, and prior to any inspection, maintenance, repair or removal of the Equipment. Knology and its employees, agents, contractors and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of Customer's software, files, data or peripherals.
(c) Access; File Modification. In order to install the Equipment, it may be necessary to open Customer's computer. In addition, as part of the installation process for the software, as when most software is installed on a computer, system files on Customer's computer, such as INI, BAT, SYS and DLL files, may be modified or deleted. Knology does not represent, warrant, nor covenant that such modifications or deletions will not disrupt the normal operations of Customer's computer, and Knology and its agents and contractors shall have no liability whatsoever for any damages resulting from the modifications or deletions.
(d) Full Installation. The Customer agrees to permit Knology to open Customer's computer in order to install the Equipment. Knology or its agent or contractor shall use reasonable efforts to install the Equipment to full operational status.
(e) Computer Warranty. Customer assumes responsibility for impacts to or loss of any warranty associated with the opening of Customer's computer for installation of an internal card or DSL modem.
(f) Self-Installation. At Knology's sole option, Knology may permit Customer to perform installation of the Equipment by Customer or have installation performed by a third party selected by Customer. KNOLOGY DOES NOT REPRESENT, WARRANT OR COVENANT THAT INSTALLATION BY CUSTOMER OR A THIRD PARTY CHOSEN BY CUSTOMER WILL ENABLE CUSTOMER TO SUCCESSFULLY ACCESS, OPERATE OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO CUSTOMER'S COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. IN ADDTION, KNOLOGY AND ITS AGENTS AND CONTRACTORS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE OR OPERATE THE EQUIPMENT OR SERVICES BY ANY CUSTOMER WHO CHOSES THIS METHOD OF INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
|
| 6. | FIXED LOCATION SERVICE.
Customer acknowledges that this is a fixed-location service and may not be moved to a different residence (even if the phone number remains the same) or a different phone number without payment of the new connection fees and the early cancellation charge, if applicable. If Customer moves residences, Customer shall notify Knology.
|
| 7. | USE OF THE SERVICES.
(a) Other Agreements. Customer acknowledges and agrees that the Services are for personal use only, and use of the Services is subject to the terms and conditions of Knology's then-current Terms and Conditions for High-Speed Internet Service and Knology's then-current Acceptable Use Policy (each of which can be found linked from the Knology Home Page at http://www.knology.com on the World Wide Web), as well as the license agreements associated with the software provided by Knology. Knology reserves the right to change its subscriber Internet Service Agreement and Acceptable Use Policy at any time.
(b) No Knology Liability for Content. Customer acknowledges that there is content on the Internet or otherwise available through the Services which may be offensive, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible through the use of the Services to obtain access to content which is pornographic, obscene, or otherwise inappropriate or offensive, particularly for children. Knology assumes no responsibility for and exercises no control over the content contained on the Internet or otherwise available through the Services. In particular and without limiting the generality of the foregoing, Knology neither censors nor monitors the legality of any such content. All content accessed or received by Customer through the Services is accessed and used by Customer at Customer's own risk, and Knology and its employees, agents, contractors and representatives shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to the access to or the receipt of such content by Customer.
(c) Knology Content Rights. Knology has no obligation to monitor the Services content. However, Customer acknowledges and agrees the Knology has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Services properly or to protect itself or its subscribers. Knology reserves the right to post or to remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
|
| 8. |
PROVISION AND TRANSMISSION OF INFORMATION.
We will not read your outgoing or incoming e-mail, video mail, private chat, or instant messages, but we (or our third party providers) do store e-mail messages and video mail messages on computer systems for a period of time. We could be required to disclose these messages and communications along with other personally identifiable information about you to comply with law or to protect our Service as described in the Knology Acceptable Use Policy and the Knology Customer Service Agreement, both of which can be found at www.knology.com/about/legal.cfm. We also monitor the performance of our Service and your Service connection in order to manage, maintain, and improve the Service and your connection to it. We (or our third party providers) use tools to help prevent and block "spam" e-mails, viruses, spyware, and other harmful or unwanted communications and programs on the Service. These tools may automatically scan your e-mails, video mails, instant messages, file attachments, and other files and communications in order to help us protect you and the Service against these harmful or unwanted communications and programs. However, these tools do not collect or disclose personally identifiable information about you. You should also be aware that any personally identifiable information you provide in forums, chat areas, instant message services, or bulletin boards may be read, collected, and used by others who access those services. We are not responsible for any personally identifiable information you choose to submit in forums, chat areas, instant message services, bulletin boards, or any other publicly accessible service or website.
|
| 9. |
THIRD PARTY ADVERTISERS. Knology will partner with a third party to deliver or facilitate delivery of advertisements to our users while they are surfing the web. These advertisements will be based on those users' anonymous surfing behavior while they are online. This anonymous information will not include those users' name, email address, telephone number, or any other personally identifiable information. By opting out you will continue to receive advertisements as normal; except these advertisements will be less relevant and less useful to you. If you would like to opt out, go to
http://www.nebuad.com/privacy/optout.php
|
| 10. |
LIMITED WARRANTY. ALL EQUIPMENT AND SERVICES ARE PROVIDED BY KNOLOGY "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. KNOLOGY DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR SERVICES. KNOLOGY DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF TITLE OR NONINFRINGMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED. Certain Equipment may be subject to third party warranties which may be passed through Knology to Customer at no additional charge. Knology will comply with all reasonable requirements necessary to effect the pass-through of the warranty to Customer. At its sole option, Knology or its agent may replace defective equipment on behalf of the manufacturer, provided Customer follows all applicable procedures and obtains a Return Materials Authorization (RMA) number.
|
| 11. | SPECIFIC RISKS FOR WHICH KNOLOGY SHALL HAVE NO LIABILITY.
(a) Security Breaches. The Internet is a shared resource among many customers. Because of this, there is a risk that Customer could be subject to a variety of security breaches, including but not limited to eavesdropping and denial of service attacks. This means that other people may be able to access, monitor and/or alter Customer's files, data or other traffic sent or received using the Services, and/or negatively affect Customer's ability to use the Services. Any information sent by Customer over the Services network is sent at Customer's sole risk, and Knology shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by Customer.
(b) FTP/HTTP Server Setup. Customer should also be aware that when using the computer to access the Internet or any other on-line network or service via the Services, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other Service users and Internet users to gain access to Customer's computer. Customer is permitted to run such applications for Customer's personal use and within the limitations of Section 7 of this Agreement, provided, however, that Customer acknowledges and agrees that if Customer chooses to run such applications, Customer should take the appropriate security measures and that the risk of security breaches as described in Section 9(a) of this Agreement may be significantly increased. Knology shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from or arising out of or otherwise relating to the use of such applications by Customer,
including, without limitation, damages resulting from other users accessing Customer's computer.
|
| 12. | LIMITATION OF LIABILITY.
Knology's liability to Customer for direct damages shall be limited to a maximum of the fees paid by Customer to Knology for the Services during the twelve (12) month period prior to the time when Customer's claim for direct damages arose; provided, however, that Knology shall have no liability whatsoever for any damage to, loss of, or destruction of any software, files or data. In addition, Knology will not be liable to Customer or to any third party for:
(a) any indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Services by Customer or any other use of the Equipment or Services, including without limitation, any damage resulting from or arising out of Customer's reliance on or use of the Equipment or Services, or the mistakes, omission, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the Equipment or Services; and
(b) any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit, or other proceeding based upon a claim that the use of the Equipment or Services by Customer or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights, proprietary rights or contractual rights of any third party.
The foregoing limitation applies to the acts, omissions, negligence and gross negligence of Knology, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to the cause of action against Knology in contract, tort or any other legal doctrine. Customer's sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.
|
| 13. | AMENDMENT OF THIS AGREEMENT.
Knology may, in its sole discretion, change, modify, add or remove portions of this Agreement at anytime. Knology will provide notice of such changes to this Agreement by posting the changes on its web site, by email to the Customer or by postal mail. Customer's continued use of the Service following notice of such change, modification or advancement shall be deemed to be Customer's acceptance of any modification.
|
| 14. | TERMINATION.
(a) Termination Rights. Either party may terminate this Agreement at any time by providing the other party with no less than twenty-four (24) hours written notice of such termination. Customer may also terminate this Agreement by providing verbal notice of termination to a Knology customer service employee contacted through Knology's published toll-free Customer Service number.
(b) Minimum Service Agreement. Customer agrees to maintain the Services for the minimum service agreement period or pay the applicable Early Cancellation Fee. Both the minimum service period and the Early Cancellation Fee is included with Knology 's published rates.
(c) Customer Obligations Upon Termination. Customer agrees that upon termination of this Agreement: (i) Customer will pay Knology in full for Customer's use of Services up to the end of the billing cycle in which the Services have been disconnected; (ii) Customer will pay an Early Cancellation Fee, if applicable; and (iii) Customer will return or destroy all copies of any software provided by Knology pursuant to this Agreement, including all back-up copies.
|
| 15. | CONTACT ADDRESS.
For any inquiries or notices required in connection with Agreement Customer should contact Knology at the published Customer Service number, or in writing to Knology, Inc.
|
| 16. | DISPUTE RESOLUTION.
IT IS IMPORTANT THAT YOU READ THIS SECTION CAREFULLY. IT PROVIDES FOR RESOLUTION OF DISPUTES (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL OR EQUITABLE THEORY), THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT (OTHER THAN ACTIONS FOR THE COLLECTION OF DEBTS YOU OWE US), INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BASED ON ANY SERVICE OR ADVERTISING OF THE SERVICE RELATED THERETO, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"), 9 U.S.C. ยง1-16. ANY QUESTION REGARDING WHETHER A PARTICULAR CONTROVERSY, OR THE PROCEDURES THEREIN, IS SUBJECT TO ARBITRATION SHALL BE DECIDED BY THE ARBITRATOR. YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL IN THE ARBITRATION. THE ARBITRATOR SHALL BE BOUND BY AND STRICTLY ENFORCE THE TERMS OF THIS AGREEMENT AND MAY NOT LIMIT, EXPAND OR OTHERWISE MODIFY THE TERMS OF THIS AGREEMENT IN CONDUCTING THE ARBITRATION AND MAKING ANY AWARD. THE ARBITRATION WILL BE BASED SOLELY ON THE WRITTEN SUBMISSIONS OF THE PARTIES AND THE DOCUMENTS SUBMITTED RELATING TO THE DISPUTE, UNLESS EITHER PARTY REQUESTS THAT THE ARBITRATION BE CONDUCTED USING THE AM'S TELEPHONIC, ON-LINE, OR IN-PERSON PROCEDURES, FOR WHICH ADDITIONAL CHARGES MAY APPLY. ANY IN-PERSON ARBITRATION WILL BE CONDUCTED AT A LOCATION THAT THE AM SELECTS IN THE STATE OF YOUR PRIMARY RESIDENCE. ARBITRATIONS UNDER THIS AGREEMENT SHALL BE KEPT CONFIDENTIAL TO THE EXTENT PERMITTED BY LAW.
THE ARBITRATION OF ANY DISPUTE UNDER THIS AGREEMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL OR CONSUMER, AS APPLICABLE, ARBITRATION RULES AND FEE SCHEDULE OF THE AM, AS
MODIFIED BY THIS AGREEMENT. THE APPLICABLE AM RULES SHALL BE THOSE RULES WHICH GOVERN THE AMOUNT AND TYPE OF DISPUTE INVOLVED AND WHICH ARE IN EFFECT ON THE DATE A DISPUTE IS SUBMITTED TO THE AM. A COPY OF THE AM'S ARBITRATION RULES IS AVAILABLE BY WRITING TO US AT 1241 O.G. SKINNER DRIVE, WEST POINT, GEORGIA, 31833.
DISPUTES UNDER THIS AGREEMENT MAY NOT BE JOINED WITH ANOTHER PROCEEDING, INCLUDING ANY INDIVIDUAL OR CLASS LAWSUIT. THE ARBITRATOR MAY NOT AWARD, AND YOU AND US WAIVE ANY CLAIMS FOR AWARDS FOR PUNITIVE OR CONSEQUENTIAL DAMAGES OR ATTORNEYS' FEES OR ANY DAMAGES THAT ARE BARRED BY THIS AGREEMENT, UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A RELEVANT STATUTE. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS (2) AFTER THE DATE THE BASIS FOR THE DISPUTE OR CLAIM FIRST ARISES, OR WITHIN SUCH OTHER TIME PERIOD AS MAY BE PRESCRIBED BY RELEVANT STATUTE. BEFORE EITHER PARTY TAKES A DISPUTE TO ARBITRATION, SUCH PARTY MUST FIRST ATTEMPT TO RESOLVE THE DISPUTE BY CONTACTING THE OTHER PARTY. TO DO THIS YOU SHOULD CONTACT THE CUSTOMER SERVICE NUMBER ON YOUR BILL, OR WRITE TO US AT THE ABOVE ADDRESS OR CONTACT US THROUGH THE WEB AT WWW.KNOLOGY.COM. IF WE ARE NOT ABLE TO SATISFACTORILY RESOLVE THE DISPUTE WITHIN SIXTY (60) CALENDAR DAYS FROM THE DATE OF THE INITIAL NOTIFICATION OF THE DISPUTE, EITHER PARTY MAY CONTACT THE AM IN WRITING AT AM SERVICE CENTER, 2200 CENTURY PARKWAY, SUITE 300, ATLANTA, GA 30345-3203 (TEL 404-325-0101; FAX: 404-325-8034) AND REQUEST ARBITRATION.
THE AM'S FILING FEE AND ADMINISTRATIVE EXPENSES FOR DOCUMENT ARBITRATION WILL BE ALLOCATED ACCORDING TO THE RULES OF THE AM, EXCEPT, AS STATED HEREIN, FOR CLAIMS OF LESS THAN $10,000, Knology WILL PAY ALL OF THE AM'S COSTS AND FEES OTHER THAN A FILING FEE OF $20, WHICH YOU MUST PAY. FOR CLAIMS BETWEEN $10,000 AND $75,000, WE WILL PAY ALL OF THE AM'S COSTS AND FEES, EXCEPT THAT YOU WILL PAY A FEE TO THE AM OF NO MORE THAN $375. IF YOU ELECT AN ARBITRATION PROCESS OTHER THAN A DOCUMENT ("DESK") OR TELEPHONE ARBITRATION, YOU MUST PAY YOUR ALLOCATED SHARE OF ANY HIGHER ADMINISTRATIVE FEES AND COSTS FOR THE PROCESS YOU SELECT.
ADDITIONAL INFORMATION ABOUT THE AM'S RULES AND POLICIES IS AVAILABLE AT THE AM'S WEBSITE, WWW.ADR.ORG, INCLUDING INFORMATION REGARDING THE AVAILABILITY OF A PRO BONO ARBITRATOR AND/OR A WAIVER OR DEFERMENT OF FEES AND EXPENSES FROM THE AM. SUBJECT TO APPLICABLE SUBSTANTIVE LAW THAT MAY PROVIDE OTHERWISE, EACH PARTY WILL PAY ITS OWN EXPENSES TO PARTICIPATE IN THE ARBITRATION, INCLUDING ATTORNEYS' FEES AND EXPENSES RELATED TO THE PRESENTATION OF EVIDENCE, WITNESSES, AND DOCUMENT PRODUCTION. IF YOU PREVAIL IN THE ARBITRATION, YOUR ARBITRATION FILING FEE WILL BE REIMBURSED BY US. IF WE PREVAIL IN THE ARBITRATION, AND WE SHOW THAT YOU ACTED IN BAD FAITH IN BRINGING YOUR CLAIM AGAINST US, THEN WE MAY SEEK TO RECOVER THE AM'S FEES AND REASONABLE EXPENSES OF THE ARBITRATION FROM YOU. IF ANY PROVISION OF THIS DISPUTE RESOLUTION SECTION IS DETERMINED TO BE UNENFORCEABLE, THEN THE REMAINDER SHALL BE GIVEN FULL FORCE AND EFFECT.
THIS SECTION 16 SHALL NOT APPLY TO ACTIONS FOR THE COLLECTION OF DEBTS YOU OWE US.
|
| 14. | GOVERNING LAW. This Agreement, the rights and obligations of the parties hereto, and any claims or disputes hereunder, shall be governed by and construed in accordance with the laws of the State of Georgia without reference to conflict of law principles. All disputes arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts in Georgia, and each party irrevocably consents to such personal jurisdiction and waives all objections thereto. Customer may not bring any claim, suit or proceeding more than one (1) year after the date of the cause of action.
|
| 17. | GOVERNING LAW AND FORUM/COLLECTION COSTS.
Subject to the arbitration and dispute resolution requirements of Paraqraph 16 this Agreement is governed by and construed in accordance with the laws of the State of Georgia and You consent to the jurisdiction of the federal District Courts of Georgia and the Circuit and District Courts of Fulton County, Georgia with respect to any dispute arising under this Agreement. Any final arbitration award or judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree to pay all costs of collection, including all reasonable attorney's fees and expenses, incurred by Us arising from or related to the collection of any amounts due under this Agreement. The right to such attorney's fees and expenses shall be deemed to have accrued from the commencement of any such activities and shall be enforceable whether such action is filed or prosecuted to judgment. Nothing herein contained shall be construed to preclude or in any way prohibit Us from instituting and otherwise prosecuting to judgment a lawsuit in any court of competent jurisdiction to effect the collection of any sums due it. The printed or electronic version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative hearing based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.Customer may not bring any claim, suit or proceeding more than one (1) year after the date of the cause of action.
|
| 18. | FORCE MAJEURE.
We are to be excused from performance hereunder for any period, to the extent that it is prevented from such performance, in whole or in part, as a result of delays caused by an act of God or other causes beyond Our control, including, without limitation, weather, acts of third parties, or outages on other systems.
|
| 19. | GENERAL.
Nothing contained in this Agreement shall be construed to limit Knology actions or remedies in any way, and Knology reserves at all times all rights and remedies available to it at law or in equity. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Knology's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by Customer. This Agreement may be assigned or transferred by Knology without consent of Customer.
|
|
|
