VoIP Subscriber Agreement

“Voice Over Internet Protocol” (VoIP)

By subscribing to the service, Subscriber agrees to the following Terms and Conditions of this form and shall fully indemnify and exonerate Nelson Cable, hereinafter referred to as Company, and Integrated Broadband System (IBBS, Nelson Cable’s provider) for loss or damage of any kind sustained by it by reason of such authority.

Company shall, at all reasonable times, have the right to enter property for installation, inspection, audit, repair, & maintenance.

When Company connects to subscriber’s pre-wiring, when the pre-wiring has not been installed in accordance with the National Electrical Safety Code and/or Company specifications, Company does not attest to the safety or compatibility and makes no claim as to the suitability of such pre-wiring.

Company will not be responsible for lightning and/or surge damage.  The cable modem should be connected to a surge protector which is properly grounded.

A high speed internet connection is required to use Nelson Cable’s VoIP home or business service.  Our service may not be compatible with some systems, including but not limited to, security, TTY, and other systems.  Some broadband service providers may provide modems that prevent the transmission of communications using our service.  We do not warrant that our services will be compatible with all broadband services and expressly disclaim any expressed or implied warranties regarding the compatibility of our service with any particular broadband service except cable modem service provided by Company.

Residential Use of Service

Subscriber acknowledges that unlimited calling and other services are subject to normal use. Normal use is defined as continuous live dialogue between two individuals.  Lack of continuous dialogue activity, unusual calling patterns, excessive conferencing or call forwarding, excessive numbers dialed and/or consistent excessive usage which may include Directory Assistance will be considered indicators that your use may be inconsistent with normal use. Nelson Cable considers normal use to be less than 1,500 minutes per month and does not have unusual calling patterns. 

Small Business Use of Service

Subscriber acknowledges that subscribing to our Small Office Home Office (SoHo) plan or Small Business Plan, we provide service, features and certain equipment to you solely for use as a small business use or domestic business traveler.  The following uses are not considered small business uses and are not permitted under small business plans:  autodialing; continuous or extensive call-forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including but not limited to charitable or political solicitation or polling); fax or voicemail broadcasting; and fax or voicemail blasting. 

Inconsistent with Normal Use (Residential or Small Business)

If you use the service, any feature or device in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at Nelson Cable’s sole discretion, to (a) pay the rates for the service, feature or device, (b) change to a more appropriate plan or (c) terminate the plan.   We reserve the right to review your account and take further action if account usage is beyond normal standards, impermissible, or detrimental to other customer’s ability to use the service or adversely affects our operations. If we determine that you are engaging in abnormal or impermissible usage, we will use reasonable efforts to inform you and provide you with the opportunity to correct the improper usage.  If you fail to correct usage activity to conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable fees or suspend or terminate.

E-911 Service Disclaimer

PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY.

BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF IBBS’s (Nelson Cable’s provider)  911 EMERGENCY DIALING SERVICE, & UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE & TRADITIONAL 911 or E911 CALLS.

911 SERVICE DOES NOT WORK IF YOU FAIL TO REGISTER OR UPDATE THE 911 SERVICE WITH YOUR CURRENT LOCATION.  This can be done by contacting our office with the updated address or using the online portal.

911 SERVICE WILL NOT WORK IF THERE IS AN ELECTRICAL OR INTERNET SERVICE OUTAGE DUE TO ANY CAUSE

911 SERVICE WILL NOT WORK IF YOUR SERVICE HAS BEEN CANCELLED BY YOU OR TERMINATED BY IBBS

YOU INDEMNIFY IBBS FOR ANY FAILURE IN THE 911 SERVICE

Most of IBBS customers in the U.S., including Alaska and Hawaii, have access to basic 911 or Enhanced 911 (E911) service. Enhanced 911 (E911) service is available for all U.S. customers who register a valid E911 service address.

With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. If you live in locations where the emergency center is not equipped to receive your telephone number and address, you have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number and location, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.

As additional local emergency centers become capable of receiving our customers' telephone number and address information, customers will need to register a valid E911 service address to upgrade the service to E911. IBBS will not inform you that new local emergency centers have been added. If your address is not covered by E911 service, IBBS advises you to attempt to register your address periodically to determine if a new local emergency center has been added to your area.

Certain customers do not have access to either basic 911 or E911 because there are no local emergency centers in their area or they did not register for an E911 service address. If you do not have access to basic 911 or E911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the customer calling 911, and then contact the local emergency center for such customer in order to send help.

Emergency personnel do not receive your phone number or physical location when your 911 call is routed to a national emergency call center. Therefore, you must be prepared to give the operator your phone number and location and any other information that the operator might request. You authorize the national emergency call center to disclose your name and address to the third party or parties involved with providing emergency services to you, including, without limitation, call routers, call centers and local emergency centers.
Notify All Users
Customer’s are responsible for informing any household residents, guests and other third persons who may be present at the physical location where you utilize the 911 SERVICE of the important differences in and limitations of 911 SERVICE as compared with traditional 911 land line or cell phone service.
Registration of Physical Location Required
For each primary phone number that you use for the Service, you must register with IBBS the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any 911 calls you make using the 911 SERVICE may be sent to an emergency center near your old address. You must register your initial location of use when you subscribe to the Service.

Thereafter, you may register a new location by following the instructions from the "911" registration link in your IBBS Account Portal. For purposes of the 911 SERVICE, you may only register one location at a time for each primary phone line you use with the Service.

Re-Registration Required if You Change Your Number or Add or Port New Numbers
911 SERVICE does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number and receive confirmation from IBBS.

Confirmation of Activation Required
Your 911 SERVICE will not be activated for any phone line that you are using with the Service, unless and until you receive an email from IBBS confirming that the 911 SERVICE has been activated for that primary phone number. The activation may take up to three days to complete.
Service Outages
You acknowledge and understand that the Service and 911 Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service and 911 Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service and 911. You also acknowledge and understand that the Service and 911 Service requires a fully functional broadband connection to the Internet (which is not provided by IBBS) and that, accordingly, in the event of an outage , or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service and 911 Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service and 911 Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. Nelson Cable has 24 hour battery backup power available to purchase.  If the battery is uncharged, discharges, is improperly installed or malfunctions during a power outage, 911/E911 calling will be interrupted.
You acknowledge that IBBS is not responsible for any service outage related to the loss of electrical power, connectivity, suspension or termination by your broadband or Internet service provider, the blocking of ports by your broadband or Internet service provider, suspension or termination of your IBBS Services/Account or any failures resulting from local or national disasters.

Disclaimer of Liability and Indemnification.

You acknowledge and understand that IBBS will not be liable for any Service outage &/or inability to dial 911 using the IBBS Service or to access emergency service personnel due to the characteristics & limitation of the IBBS Service as set forth in this document. You agree to defend, indemnify, & hold harmless IBBS, its officers, directors, employees, affiliates, & agents & any other service provider who furnishes services to you in connection with the Service, from any & all claims, losses, damages, fines, penalties, costs, & expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 SERVICE.

In addition, IBBS does not have any control over whether, or the manner in which, calls using the 911 SERVICE are answered or addressed by any local emergency response center. IBBS disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. IBBS relies on third parties to assist us in routing 911 SERVICE calls to local emergency response centers and to a national emergency calling center. IBBS disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither IBBS nor its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the 911 SERVICE unless such claims or causes of action arose from IBBSS gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless IBBS, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 SERVICE, incorrectly routed 911 SERVICE calls, and/or the inability of any user of the Service to be able to use 911 SERVICE or access emergency service personnel.

Furthermore, you acknowledge that IBBS does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 SERVICE, IBBS strongly recommends that you always have an alternative means of accessing emergency service.

Billing

Subscriber is responsible for providing our office with current mailing and contact information.

1. Pricing: Pricing is available on our website, www.nelsoncable.com, on Subscriber’s bill, or by contacting our Customer Service Department at (434) 263-4805. Prices and Service Levels are subject to change.

2. Term: There is no minimum Term of Service unless otherwise specified.

3. Billing and Charges: Subscriber agrees to pay all charges, including taxes and fees, incurred by users of the Service at the rates in effect at the start of the billing period in which charges are incurred. Subscriber will be mailed a statement for making payments by mail or at Company office in person. Statements are generated on or about the 20th of each month. Payments are due in advance by the first of the month. Company reserves the right to correct and charge under-billed amounts after a statement has been issued. Overpayment by Subscriber will be used toward future charges.

4. Payment Options: Company accepts payment by mail, by phone, or on Company website, www.nelsoncable.com.    Company accepts money order, check, credit card, and debit card.   A $5.00 Phone Pay Fee may apply. All payments are to be in US currency. Company does not accept Echecks. To ensure processing, Subscriber needs to provide coupon with payment, or, if Subscriber uses a bill pay service the account number needs to be included with the payment. Company offers an autopayment option where payments can be withdrawn from Subscriber bank account, credit, or debit card. Subscriber needs to contact Company billing office and complete enrollment form prior to being enrolled in autopayment option.

5. Monthly Service Fees: Fees for the Service(s) ordered by the Subscriber shall begin on the activation dated and Monthly Recurring Charges (MRC) shall be pro-rated to the first day of the following month. The date of service activation will serve as the anniversary date for any term commitment. Subscriber is responsible for all monthly service fees, taxes, and other charges, such as Directory Assistance, etc.

6. Upgrade Fees: Upgrades ordered during the billing month may be prorated. Future charges will appear as full MRC fees added to your bill.

7. Additional Service Fees: Additional services ordered during the billing month may be prorated. Future charges will appear as full MRC fees added to your bill.

8.  One-Time Charge Fees (OTC): OTC fees, such as, but not limited to, prorated Service, setup, connection, reconnection, Name Change, administrative and late fees are due and payable at the time they are incurred.

9. Service Credits: Service credits will be issued to Subscriber account and shall be used to offset future billable service. Service credits shall not be issued as cash back to the Subscriber nor are service credits transferrable to other account holders.

10.      Age, Account Set-Up, and Data: Subscriber represents that the Service will be installed solely in Subscriber’s residence
or business. Subscriber represents that they are at least 18 years of age and able to enter into a contract. Subscriber agrees that they are responsible for verifying and maintaining the passwords and other identification information.

11. Installation: Subscriber represents that there are no legal, contractual or similar restrictions on the installation of the equipment, drop, or interior wiring for the Service. Timeframes for installation are not guaranteed and may vary depending on the type of installation required and other factors. Subscriber acknowledges and agrees that Company or its contractor will be required to access Subscriber’s premises to install and maintain the Service. By signing this agreement, scheduling the service or installation visit, and permitting Company or its contractor to enter
property, Subscriber is authorizing Company and/or Company’s contractor to perform the above actions. EXCEPT FOR GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, AS DETERMINED BY COMPANY, COMPANY OR COMPANY’S CONTRACTOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLING, REPAIR, OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR PROPERTY, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR DEVICES CONNECTED TO SERVICE.

12.Company Owned Equipment:  VoIP Equipment provided to subscriber shall remain the property of Company.  Subscriber agrees to pay for repair and assumes risk of loss, theft, or damage prior to return by the subscriber and stipulates the minimum value of any such property to be $200.00.  

13. Termination by Subscriber and Downgrades: Subscriber may terminate this Agreement and discontinue its Service, at any time after Service is activated upon written or email notice to Company, subject to the payment of the fee for Service for the full billing cycle in which termination occurred. If Subscriber cancels Service prior to installation, the Subscriber may be charged for services rendered through the date of notification and any termination fee. In the event that any installation cost was not paid at time of installation, any remaining unpaid installation cost will become due and payable in full upon the termination of this Agreement, as determined solely by the Company. Subscriber shall terminate
this Agreement for Service in accordance with its terms; failure to do so may delay or prevent Company from knowing that a termination was intended.  Notice of cancellation or downgrade of service can be emailed to info@scouttv.tv, or mailed to Nelson Cable, PO Box 219, Nellysford, VA 22958. All Subscriber data remaining after the cancellation and final settlement will be destroyed for security and privacy reasons, unless required by law to keep the records for a certain period of time.

14.Termination or Suspension by Company: Company may immediately terminate Subscriber’s Service and this Agreement if Subscriber or a user of Subscriber’s service breaches this Agreement. Company reserves the right in its sole discretion to terminate Subscriber’s Service and this Agreement at any time or to suspend (with or without notice) or terminate access to or use the Service in whole or in part. Company may terminate Service and this Agreement for the following actions:  Impersonating any person or entity or forging anyone else’s digital or manual signature; and/or harassing, threatening, or otherwise verbally abusing employees or its agents.

15.Post-Termination or Suspension Obligations: Notwithstanding any cancellation or termination of this Agreement or any part of Subscriber accounts, nor any suspension or termination of access to use of the Service, Subscriber will still remain responsible for all payments and other obligations under this Agreement, including the obligation to pay all charges that may be due as a result of or in conjunction with such cancellation, termination or suspension. Subscriber payments and other obligation under this Agreement are not suspended or affected by a suspension of access to or use the Service, in whole or in part, due to a violation (actual threatened, or alleged) of this Agreement or of any law or legal obligation by Subscriber or user of Subscriber’s account.

16.Post-Termination or Suspension Obligations: Notwithstanding any cancellation or termination of this Agreement or any part of Subscriber accounts, nor any suspension or termination of access to use of the Service, Subscriber will still remain responsible for all payments and other obligations under this Agreement, including the obligation to pay all charges that may be due as a result of or in conjunction with such cancellation, termination or suspension. Subscriber payments and other obligation under this Agreement are not suspended or affected by a suspension of access to or use the Service, in whole or in part, due to a violation (actual threatened, or alleged) of this Agreement or of any law or legal obligation by Subscriber or user of Subscriber’s account.

17. Reactivation: If Service is suspended or terminated, including failure of Subscriber’s bank to honor check(s), transfer funds, or for any other reason, in addition to payment of the past due amount(s), Company may require a deposit before reactivating Service. The amount of deposit will not exceed one year of monthly fees. If Subscriber fails to pay any amount on a subsequent bill, the unpaid amount will be deducted from the deposit. Deposits do not earn or accrue interest. If Service is suspended or terminated for any reason, including at Subscriber’s request or because of Subscriber’s failure to pay past due amounts, and Subscriber wants to reactivate the Service, Subscriber agrees to pay a reactivation fee in accordance with the then Company current rates. In addition, Subscriber must bring account up to date through the month of reactivation by making payment in full on any outstanding balance, fees, and other applicable charges.

18. Refunds & Disputes: All services rendered by the Company are non refundable. This includes, but is not limited to, MRC fees, equipment, fees, and installation fees. Subscribers seeking more information or to resolve billing error are instructed to visit Company’s billing office located in the Valley Green Center, 2771-A Rockfish Valley Highway, Nellysford, VA 22958, from 9AM to 3PM, Monday through Friday. Company will make available to Subscriber a billing ledger of Subscriber’s account showing charges, payments and credits. In the event a dispute remains unresolved Subscriber must follow up with a written explanation of the dispute within 45 days of the charge date. Company will not pay Subscriber interest on any overcharged amount later credited. Company may, but is not required to, accept partial payments from Subscriber. If partial
payments are made, they will be applied to amounts, starting with the oldest outstanding amount. If Subscriber sends Company checks or money orders marked “payment in full” or otherwise labeled with a similar restrictive endorsement, Company can, but is not required to accept them, without losing the rights to collect all amounts owed under this agreement.

19. Non-Payment and Late Payment: Subscriber shall pay invoices when due. Subscriber may be charged a Late fee of $5.00 per month, or the maximum rate permitted by applicable law. If Company does not receive payment before the next statement issued, Company has the right to suspend service or terminate this Agreement without notice. Termination of the Agreement is due to Subscriber default. Nonpayment may result in a Termination Fee owed by Subscriber if the Minimum Service Term has not been satisfied. If any amount due under this Agreement is
collected by or through an attorney, Subscriber shall pay all of the Company’s collection costs, including attorney’s fees.

20. Restrictions on the Use of the Service: Company reserves the right to immediately suspend Subscriber’s Service and Company may terminate this Agreement if Subscriber knowingly or otherwise engages in any prohibitive activity or use the Service in any way which is contrary to any Company policy. Subscriber does not own, nor have any rights, other than those expressly granted to Subscriber, in this Agreement.

21.Prohibition on Resale: Reselling this service or making the Service available to anyone beyond your premises, in whole or in part, directly or indirectly is prohibited. The Service is intended for personal and/or commercial use in a manner that is consistent with the terms of this Agreement.

22. Assignment of Account: We may sell, assign, pledge or transfer your account or an interest in your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to us in accordance with your statement.

23.Credit Inquiries and Reporting: Subscriber authorizes Company to make inquiries and to receive information about Subscriber’s credit experience from others, including credit reporting agencies, enter this information to Subscriber’s file, and disclose this information to appropriate third parties for reasonable business purposes. Subscriber understands and agrees that Company may report late payment(s) or nonpayment to credit reporting agencies.

24. Identity Use: Subscriber agrees to use the Company logo, Company information, and related services in accordance with approved marketing guidelines. Company agrees not to use Subscriber name, logos, or information without prior written consent of Subscriber.

25.  Responsibility of Subscriber: Subscriber is responsible for any misuse of the Service, even if the misuse was committed by
a friend, family member, patron, employee, guest or anyone with access to Subscriber’s Service. Therefore, Subscriber must take steps to ensure that others do not use its service to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of Subscriber’s Service.

26. Applicable Law: Proper venue for legal remedies shall be Nelson County, Virginia. This Agreement and all of the parties’ respective rights and duties, including, without limitation, claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort shall be governed by and construed in accordance with Virginia State Law of the Uniform Commercial Code, whichever may be applicable, excluding conflicts of law’s provisions. Any cause of action brought by Subscriber, or by users of Subscriber’s account, with respect to the Service or
this Agreement must be instituted within one year after the claim or cause of action has arisen or is barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and it is acknowledged that this is a services contract and not a contract for the sale of goods. Subscriber agrees to abide by all local, state, and federal laws pursuant to services delivered.

27. Security: Subscriber agrees to take reasonable measures to protect the Security of its devices connected to the Service, including maintaining at its cost an up to date version of anti-virus and/or firewall software to protect device(s) from malicious code, programs or other internal components (such as a computer virus, computer worm, computer time bomb or other similar component). Subscriber expressly agrees that if a
device under its control becomes infected and causes issues with Company services, Company may immediately suspend Service until such time as device is sufficiently protected to prevent further prohibited activities. Subscriber will be fully liable for all monthly fees and other charges under this Agreement during any period of suspension. In all cases Subscriber is solely responsible for the security of any device connected to the Service, including any data stored or shared on that device.

28. Use and Control of Information: Company does not distribute, loan, sell or otherwise share with other persons or entities user lists (subscriber account information that does not identify you by name, address or similar personally-identifiable information) as well as aggregate information. We will be free, in our reasonable good faith discretion and without notice, to provide subscriber and user information and records to (i) courts, (ii) law enforcement agencies, (iii) government agencies, or (iv) authorized persons or entities involved in enforcing compliance with the law or prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity. In addition, Company may maintain and use internally such information and records. Information generated by or in connection with Company’s
administration of the Service shall be and remain our exclusive property. Company may also from time to time provide online, fax, telephone, email, mail and other communications to our Subscribers and users on matters pertaining to the Service, its features or its use without compensation to them or reimbursement of costs for doing so, but shall do so reasonable and in good faith. Subscriber acknowledges that communications with Company, our representatives, and our contractors may be monitored or reviewed for quality control and other reasonable business purposes.

29. Warranties and Limitations of Liability: SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE
RISK. NEITHER COMPANY NOR ITS AGENTS, EMPLOYEES, SUPPLIERS OR CONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED; NOR DOES COMPANY OR ITS AGENTS, EMPLOYEES, SUPPLIERS, OR CONTRACTORS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR SECURE. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY COMPANY SHALL CREATE A WARRANTY; NOR SHALL SUBSCRIBER RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE COMPANY MAY PROVIDE SUBSCRIBER WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, COMPANY CANNOT AND DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION SUBSCRIBER OBTAINS THROUGH THE SERVICE. COMPANY SHALL HAVE NO LIABLILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM ANY ATTEMPT TO REMOVE ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE.

30. Applicability and Exceptions: The foregoing exclusions or limitations apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Company, or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply where such exclusions
are prohibited.

31.   Service Interruptions: Service Interruptions are to be expected when working on system, equipment failure, vandalism, accidents involving our cable, acts of God, power failure, or any other cause beyond Company’s reasonable control.  Subscriber rates are figured with an outage factor calculated in and no refund or credit will be allowed for these anticipated outages. In the event of a Service interruption, Subscriber should call (434) 263-4805 to report any problem. Office hours are from 9AM to 4PM Monday through Friday. An After Hours Call Center is available
for non-business hours. In the event no one is available, Subscriber should leave a message describing the problem, service address and contact phone number.

32. Third Party Beneficiaries: The provisions of this Agreement are for the benefit of the Subscriber, the Company and its respective contractors, including employees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. Other than expressly stated in this Agreement, this Agreement shall not be deemed to create any rights in third parties.

33. Notices: Disclosures and other communications where notification by Company is related to this Agreement may be made by any
reasonable means, including, but not limited to posting on Company’s website, www.nelsoncable.com, or email. A printed version of this
Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon 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. Subscriber must promptly notify Company of any change in its email or postal address in writing.

34. Construction and Delegation: Neither the course of conduct between parties nor trade practice shall act to modify the provisions of the Agreement. Company may authorize or allow its employees and contractors and other third parties to provide services necessary or related to
making the Service available and to perform obligations and exercise our rights under this Agreement, and Company may collect payment on their behalf, if applicable. The provisions of any Sections of this Agreement, which by their nature should continue, shall survive any termination of this Agreement.

35. Indemnity. Subscriber agrees to indemnify, defend and hold Company harmless against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising out of or related to any and all use of Subscriber’s account. This includes,
without limitation, responsibility for all consequences of Subscriber (or that of any user of Subscriber’s account) violation of this or Agreement or
placement on or over, or retrieval from or through, the Service of any software, file, information, communication or other content and all costs
incurred by Company in enforcing this Agreement by Subscriber.

36. Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party’s affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses,
damages, penalties, fines punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.

37. Agreement Modification: Upon notice published on our Company website, www.nelsoncable.com, Company may at any time (and from time to
time) modify this Agreement, including, without limitation, our pricing and billing terms. Company may ,but is not required to notify Subscriber by any other means. If Subscriber does not agree to such changes or additions, then Subscriber must terminate this Agreement in accordance with the terms herein and stop using the Service prior to the effective date of such modification(s). Subscriber’s continued use of the Service after the effective date of such modification constitutes the acceptance of such modification(s).

38. Service Modification: Company may discontinue, add to, or revise any or all aspects of the Service in Company’s sole discretion and without notice, including ancillary and support services. If Company undertakes any of these changes, Company will post modifications on
the Company website and Company may, but is not required to, notify Subscriber by e-mail. If Subscriber does not agree with such changes, the Subscriber must cancel its subscription and stop using the Service prior to the effective date of such changes. Subscriber’s use of the Service after the effective date of such change(s) or additions constitutes Subscriber’s acceptance of such changes.

39.    Acceptance: Acceptance of the Service Agreement incorporating the Terms of Service (TOS), and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described and completion of the ordering process.

The terms of this Agreement are subject to amendment by the Company as procedures and market conditions may dictate. Subscriber agrees that the terms of this Agreement as amended shall govern if Company provides subscriber with a written copy or makes available on
its website, www.nelsoncable.com  of any amended forms of the Agreement and subscriber thereafter continues service.

Rev. 05.01.2024

 Nelson Cable Contact Information:

Please send any written correspondence, along with account number, to: 

Physical Location:  2771A Rockfish Valley Hwy Nellysford Va 22958

Lobby Hours:  Monday – Friday, 9am – 1pm

Phone Support Hours: Monday-Friday, 9am– 4pm phone:  434-263-4805, Fax:  434-226-0117

E-Mail:  info@scouttv.tv , Website:  www.nelsoncable.com