Terms of Use
Cable TV of East Alabama (CTVEA) reserves the right to amend this Agreement at any time. Prior to any amendment, CTVEA will first publish the proposed amendment, accessible through its web site. If the amendment is unacceptable, you may terminate your access account. If you continue to use TheEdge after the amendment becomes effective, you will be conclusively deemed to have accepted the amendment.
1) Your Account
a) You are at least 19 years of age.
b) You are responsible for all use of your account, by anyone, unless it can be conclusively proven, to the satisfaction of CTVEA, to have been an unauthorized intrusion. This means that you are expected to take reasonable security precautions to protect your computer and control access to it.
2) Payment
a)You agree to pay a monthly service fee according to CTVEA’s current pricing schedule, available at the CTVEA office at 5120-49th Street, and all applicable federal, territorial and local taxes upon your receipt of a bill from CTVEA. If payment is not received by the end of the current month, interest may be charged at CTVEA's then current rate and/or your account may be terminated and you will be subject to additional connection charges to re-establish your account.
b) Termination does not remove your responsibility under this Agreement to pay all charges incurred up to the date of termination.
c) There is a one-month minimum billing for all Internet services
3) Service Limitations
a) TheEdge does not guarantee throughput on your individual Internet access line, on a local basis or between the user and any server on the Internet.
b) TheEdge service is subject to your equipment satisfying standards of transmission and supporting communications protocols required for access to the Internet through the existing TheEdge service equipment and facilities.
c) You are not permitted to operate any servers, including e-mail, web, news or other similar servers through TheEdge unless specifically authorized by CTVEA.
d) CTVEA cannot guarantee that all current or future Internet applications can or will be supported.
4) Service Installation
a) The standard installation of TheEdge high speed Internet service includes:
i) A cable connection to one jack and one computer;
ii) installation of required software at one computer; and
iii) customer computer configuration.
b)Additional charges may apply when it is necessary for CTVEA to install special equipment or to incur an unusual expense to establish service.
c) If reinstallation of hardware or software is required at your location it will be provided to you for a charge no greater than the normal installation charge. Only the standard installation service will be provided, except for software upgrades deemed necessary by CTVEA.
d) All site visits will be assessed a minimum charge as it relates to moves, changes, rearrangements or re-installations of a high-speed service unless otherwise specified.
e) You acknowledge that you are not entitled to receive customer support from CTVEA relating to any issues other than the quality of the signal delivered to your Cable modem.
5) CTVEA Property
a)The high-speed cable modem and its associated components are provided for your use as part of TheEdge high speed service and remain the property of CTVEA.
b) A modem replacement charge will be levied for lost or damaged hardware, as identified on CTVEA’s Request to connect Internet Services form.
c) IP addresses may be installed in your hardware or software for the duration of your service with TheEdge. These addresses are NOT portable and remain the property of CTVEA.
d) CTVEA reserves the right to change IP addressing schemes. CTVEA will provide reasonable advance warning of such network changes.
e) You agree to grant CTVEA and its employees or agents access to CTVEA equipment on your premises at a reasonable and mutually agreeable time in order to install, inspect, repair, remove or relocate your cable modem. Except in cases where the modem has been damaged by you or you have requested a relocation, work performed on the modems will be at CTVEA’s expense.
f)If you relocate the modem within your home or move to another location, you agree to notify us of the move. You may request CTVEA to relocate the modem but acknowledge that there may be a charge for doing so.
6) Customer Software and Hardware
a)You must supply a computer system suitable for maintaining a connection on the Edge. CTVEA will publish minimum hardware and software requirements from time to time. Minimum system requirements may change without notice.
b) You acknowledge and agree that you are responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to a CTVEA cable modem carrying TheEdge.
c) You agree to provide CTVEA or its designate with access to any such software and/or hardware as reasonably required.
d) CTVEA is not responsible for any damage to or loss of data or software from your computer while installing or maintaining TheEdge service.
e) TheEdge high speed service must be connected to a suitable Ethernet Network Interface Card (NIC) at your premises. If you are providing the NIC it must be installed as appropriate prior to installation of TheEdge. If CTVEA is providing the NIC, you must ensure that there is a suitable free card slot available in your computer. (CTVEA will not rearrange cards in your computer or remove cards from your computer.)
f) CTVEA will provide support only for CTVEA components. CTVEA will not provide support to components of your computer or network, including hardware, software or configuration settings beyond what is required for initial setup.
7) Content Warning
a)You agree that you are aware that TheEdge allows access to content that is for mature audiences only and which you may find offensive. You acknowledge that it is your responsibility to limit access to this content if you choose to do so by undertaking appropriate screening and security measures.
8) Use of the CTVEA Service
a) Intermet service may be used only for lawful purposes. You agree not to:
i) use the service for commercial purposes, including, but not limited to web hosting (other than for personal purposes), commercial FTP sites, and advertising unless specifically authorized by CTVEA.
ii) transmit or link to any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulations, including those which deal with obscene communications, or its transmission is for the purpose of making an annoying or offensive communication to any other person;
iii) engage in an unsolicited mass distribution of any message;
iv) upload, publish, deface, modify or distribute any information, software or material which is protected by copyright or other legal protection without obtaining permission of the copyright owner or rights holder;
v) disrupt or interfere with the TheEdge service or any service of any other Internet access provider;
vi) engage in any activity that could in the opinion of CTVEA significantly compromise or degrade network performance on TheEdge or affect the ability of others to use the service, including but not limited to dissemination of viruses and other harmful or unsolicited code and generating levels of traffic sufficient to impede the ability of other users to send or retrieve information;
vii) engage in any activity that could compromise the security of TheEdge or the security of other computers on the Internet; and
viii) share, resell, or provide, as part of any commercial transaction, TheEdge to any third party.
b) You agree to comply with such policies respecting permitted use of TheEdge as may be published by CTVEA from time to time either in print at our Yellowknife office location at 5120-49th Street, Yellowknife, NT, or on the Internet at www.theedge.ca.
c) You may publish personal web pages on TheEdge’s web server when it is available. You warrant that the content on your pages is suitable for publication, is not libelous or defamatory, does not breach any intellectual property rights of any third party and complies with all applicable laws, regulations or court orders.
d) You acknowledge that all other persons using TheEdge through your connection must abide by the terms of this agreement and that you have the sole responsibility to ensure that such other users understand and comply with these Terms and Conditions. You further acknowledge that you are solely responsible and liable for any breaches of the terms and conditions of this agreement regardless of who was using the computer when the breach occurred.
9) No Warranty - Limitation of Liability
a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE CTVEA SERVICE IS AT THE USER’S OWN RISK. CTVEA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES WHICH ARE BEING PROVIDED. CTVEA EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER.
b) Network performance and connectivity is not guaranteed. CTVEA will use commercially reasonable efforts to ensure that those portions of TheEdge over which CTVEA has direct control are functioning properly.
c) We are not responsible for any loss you suffer, or any party claiming through or under you, as a result of using TheEdge including, but not limited to:
i) the performance of the local network or of the Internet;
ii) the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet;
iii) loss resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if you were not aware that any such loss would be incurred;
iv) loss resulting from delays, computer viruses or interruption of service, regardless of cause; and
v) any losses or damages, including losses or damages to your equipment, facilities or software, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses, or defects in the transmission of information or data on the Internet.
vi) Notwithstanding the limitations of liability in this Agreement, in the event that CTVEA is found liable in a court of law for any action or lack of action related to any use of TheEdge from your account, you agree that our liability is limited to $100.
d) Should your computer hardware be damaged through CTVEA’s error or negligence, we agree to pay for repair or replacement of damaged components up to a maximum of $2000.00, provided the damage is reported to us in writing within three (3) days of the date of damage. We will not be liable for any damage to, or loss or destruction of, any software, files or data.
10) Indemnity
a) You agree to indemnify and hold harmless CTVEA, its parent corporation, affiliate corporations, all of their officers, directors, agents, employees and shareholders, from all claims and expenses, including legal fees, which result from the use, by anyone, of your TheEdge account, without limitation.
11) Compliance Measures
a) CTVEA reserves the right, without obligation, to monitor any and all communications and activity through or with TheEdge to ensure adherence to the terms and conditions of this Agreement.
b) You agree that TheEdge is not to be considered a secure communications medium and that no expectation of privacy is afforded.
c) In the event that CTVEA receives a complaint, CTVEA will investigate the complaint and, in its sole discretion, may suspend or terminate the account(s) involved and/or may remove the material from its servers. Customers involved or affected will be notified of this proceeding. CTVEA reserves the right to release customer information to comply with an investigation into any activity which may violate these terms, and may report such activities to the appropriate authorities.
d) CTVEA reserves the right to prohibit, remove, restrict and/or block access to any content or Internet capability.
i) hyperlinks to material CTVEA deems inappropriate;
ii) material which promotes or induces illegal activity; and
iii) material that violates copyright laws or whose ownership is questionable.
12) Termination
a) You may stop using TheEdge at any time and terminate your account upon providing two business days written notice to CTVEA.
b) CTVEA may suspend or restrict your account and/or terminate this Agreement, at any time, if:
i) the operations or efficiency of TheEdge service is impaired by the use from your account;
ii) any billed amount is past due from you to CTVEA; or
iii) there has been or is any breach of any term or condition of this Agreement.
c) You are responsible to pay all fees up to the date of termination.
d) Immediately upon notice of termination, you agree to return all equipment provided to you by CTVEA to a CTVEA approved depot within five days. If you do not return the equipment, or it is returned damaged or unusable, you agree to pay replacement or repair costs plus applicable taxes and to have your account adjusted accordingly.
e) Your account will be terminated and closed only after CTVEA-owned equipment as been returned and your account adjusted accordingly.
13) Service Changes
a) CTVEA reserves the right to change your e-mail ID or make other changes to this Agreement or any aspect of TheEdge as service, network or policy issues require. CTVEA will exercise commercially reasonable efforts to inform you prior to making any changes.
b) CTVEA may discontinue any or all classes of service at its discretion. Should CTVEA exercise this right, you will receive a pro-rated refund.
14) General
a) The failure of CTVEA 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. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
b) This Agreement shall be governed by and construed in accordance with the laws of the Alabama.
c) Any actions against CTVEA in connection with TheEdge service must be commenced within one year after the claim or cause of action arose, or it shall be barred.
d) CTVEA may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.
e) For the purpose of submitting inquiries or notices regarding this agreement, you agree to contact us by telephone at 334.298.7000, by e-mail at inquiries or send written notice to: Customer Service Manager, CTVEA, P.O. Box 130, Phenix City, AL 36867.