1. Installation
All installation charges will be waived.
2. Equipment
Televation will provide the necessary equipment for the services above. All equipment provided by Televation remains the
property of Televation.
3. Charges
Televation will furnish and pay for any circuits needed to provide service. In the event of regulatory changes, we reserve the
right to pass on taxes and fees that we are required to pay.
4. Performance
Customer may not conduct any activity in any manner which threatens performance or ability to provide service to other
Customers, nor which threatens performance of any Service Provider equipment, nor which compromises the legal, financial
or physical security of the Service Provider.
5. Warranty
EXCEPT AS OTHERWISE SET FORTH, THE TELEVATION COMMUNICATIONS EQUIPMENT, SERVICE, AND
SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TELEVATION COMMUNICATIONS
DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR SERVICE.
CUSTOMER’S SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRO RATA REFUND
FOR INTERRUPTIONS GREATER THAN 6 CONTINUOUS HOURS. TELEVATION COMMUNICATIONS 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 AND
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY
ARE HEREBY EXCLUDED.
6. Limitation of Liability
TELEVATION COMMUNICATIONS OR ANY OTHER PERSON INVOLVED IN CREATING, INSTALLING,
DELIVERING, TESTING, OR USING THE SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICE, SERVICE OUTAGE, OR FOR COST PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, BUSINESS USE, DATA, OR OTHER
INTANGIBLE INFORMATION, EVEN IF TELEVATION COMMUNICATIONS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY FOR TELEVATION COMMUNICATIONS TO
CUSTOMER FOR ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO $100.
7. Term and Renewal
The initial term of this agreement is thirty six (36) months. This agreement will renew month to month after the initial term.
8. Termination
This agreement can be terminated with written notice no less than 60 days before the end of the term. If the agreement is
terminated prior to the end of the term the customer is responsible for paying the entire remaining value of the agreement.