Cable Television Subscriber Agreement Terms and Conditions  

The following terms and conditions constitute the Agreement between Microwave Satellite Technologies, Inc. d/b/a NuVisions Television (“NuVisions”) and Subscriber regarding the provision of NuVisions' cable television services:

1. Payment of Charges: Subscriber will be billed monthly in advance for services to be received, plus pro-rata charges, if any, for periods not previously billed. Subscriber will be billed monthly for Pay Per View, On Demand or other services ordered where charges are based on actual usage or on orders placed during the previous month. Payment is due upon receipt. Failure to pay charges invoiced within 30 days of the invoice date may result in discontinuance of service, the removal of all equipment delivered and/or the imposition of a late payment or service charge. Late charges can be avoided by prompt payment of the Subscriber invoice. An additional charge may be imposed if a check is not honored due to insufficient funds. In the event collection activities are required, an additional collection charge and/or attorney's fees may be imposed. Subscriber must notify NuVisions of disputed items within 30 days of the invoice date, or such greater amount of time as required by law.
2. Rates: All rates are subject to change from time to time.
3. NuVisions Property: All equipment, including but not limited to, any cables, wires, amplifiers, any decoder or cable box, access card, remotes, and keyboards distributed to and/or installed for use in the Subscriber's home by or on behalf of NuVisions ("Equipment") remains the property of NuVisions. None of the Equipment shall become a fixture. Subscriber must return all Equipment upon substitution of use or termination of service. Failure to do so will result in a charge to be determined with reference to NuVisions' then current schedule, which amount shall be due immediately. Subscriber agrees to pay such charge whether such Equipment is lost (through theft or otherwise) or destroyed. Subscriber is subject to a $50 charge in the event NuVisions must retrieve its Equipment.
4. Equipment Installation: NuVisions' standard installation includes installation at the Subscriber's premises of a decoder(s) and necessary fittings and connections. NuVisions may charge in excess of its standard installation fee for installations requiring more than twenty five feet of coaxial cable; fishing of walls; or more than one hour of installation time.
5. Disruption of Service: In no event shall NuVisions be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond NuVisions' reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), NuVisions, upon prompt notification of such failure or interruption from Subscriber, will either provide Subscriber with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. NuVisions shall not be liable for any incidental or consequential damages.
6. Repair of NuVisions Equipment: NuVisions will repair and/or replace defective equipment (excluding the replacement of batteries) as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. NuVisions is not responsible for the maintenance or repair of Subscriber provided equipment, including but not limited to television sets, VCRs or other video equipment, remote controls, keyboards, stereos or other audio equipment, telephones or A/B switches. A service charge may be imposed if damage to NuVisions Equipment is due to negligent use or abuse or if no fault is discovered in NuVisions' system or Equipment. In addition, an equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged Equipment. NuVisions makes no warranties, with respect to equipment or service provided by NuVisions or with respect to the Equipment's compatibility with any Subscriber owned equipment.
7. Subscriber Property: NuVisions assumes no responsibility for and shall have no responsibility for the condition or repair of any Subscriber provided equipment. Subscriber is responsible for the repair and maintenance of Subscriber provided equipment. NuVisions is not responsible or liable for any loss or impairment of reception of NuVisions' service due in whole or in part to a malfunction or defect in Subscriber provided equipment.
8. Taxes: Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
9. Reproduction of Programs: Subscriber agrees that the programs and other services provided by NuVisions will be utilized solely for Subscriber's personal, non-commercial use and will not be duplicated except in compliance with applicable law. NuVisions shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of NuVisions' systems, equipment, and services.
10. NuVisions' Rights : NuVisions has no obligation to monitor content or services accessible by means of the NuVisions cable system or any NuVisions Equipment. Subscriber acknowledges and agrees that NuVisions has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming and data information services properly, or to protect itself or its Subscribers.
11. Care of NuVisions Property: Subscriber agrees that neither Subscriber nor any other person (except NuVisions' authorized personnel) will open, tamper with, service, make any alterations to, or remove any NuVisions Equipment from its point of initial installation, absent NuVisions' consent. Any alteration, tampering, removal, etc. or the use of equipment which permits the receipt of services without authorization or the receipt of services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of service and is prohibited.
12. Access to Subscriber Premises: Subscriber agrees to provide NuVisions' representatives with access at reasonable times to Subscriber's premises to install, inspect, maintain and/or repair the Equipment supplied by NuVisions and, upon the termination of service, to remove the same from the premises. NuVisions' failure to remove its property shall not be deemed an abandonment thereof.
13. Assignment or Transfer: This Agreement and the equipment supplied by NuVisions are not assignable or otherwise transferable by Subscriber.
14. Termination for Bankruptcy: NuVisions may terminate its service immediately in the event that Subscriber makes an assignment for the benefit of creditors or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.
15. Termination by NuVisions . NuVisions may terminate this Agreement immediately should Subscriber violate any of the terms of this Agreement. NuVisions may also terminate the Service for any other reason at any time by providing Subscriber with written notice of such termination no later than thirty (30) days prior to the date of termination. In the event NuVisions terminates the Service for any reason other than Subscriber's violation of this Agreement, fees and charges will accrue through the date of termination but all prepaid fees and charges for canceled Services will be refunded.
16. Termination of Service by Subscriber: Subscriber shall have the right at any time to terminate the service by giving seven (7) days prior written notice to NuVisions. Termination shall be effective as of the end of the then current billing cycle. All unpaid charges become immediately due and payable upon termination of this Agreement.
17. Breach of Agreement: If Subscriber breaches this Agreement or fails to abide by NuVisions' rates, rules and regulations, NuVisions may, at its option, discontinue the service and remove the Equipment. Failure of NuVisions to remove such Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to NuVisions in the event that NuVisions finds it necessary to enforce collection or to preserve and protect its rights under this Agreement.
18. Security Deposits: Any security deposit given by customer for the Equipment or NuVisions' service will be due and payable upon the first monthly billing. Such security deposits will be returned to customer within sixty (60) days of termination of NuVisions' service so long as payment has been made for all amounts due on customer's account and customer has returned the NuVisions Equipment undamaged.
19. Programming: All programming, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services and other services offered by NuVisions are subject to change from time to time.
20. Disclaimer: NuVisions assumes no liability for any program, services or information distributed over the cable system and/or NuVisions' Equipment unless locally produced by NuVisions. NuVisions shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the cable system or NuVisions' Equipment, unless such products, merchandise or prizes are provided directly by NuVisions.
21. Parental Control: A Parental Control feature is available for you if you want to keep children from watching certain programming. You can place channels under Parental Control by blocking out channel number, and/or by program rating. Please check the manual provided with your service for instructions on how to implement and monitor the Parental Control features. Should you deactivate the Parental Control feature on the traditional cable box, even for one channel or event, this will deactivate the Parental Control feature for all other channels that were previously locked out. You will then have to reactivate the Parental Control to again block out the desired channels. It is recommended that you occasionally verify that your Parental Control feature is activated and operational.
22. Limitation of Liability: Unless otherwise specifically provided in this Agreement, NuVisions will not be liable to the Subscriber or to any third party for:

• any direct, 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 NuVisions' Equipment or NuVisions' services;
• 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 contention that the use of NuVisions Equipment or NuVisions' services by the Subscriber or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
• This limitation applies to the acts, omissions, negligence and gross negligence of NuVisions, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against NuVisions in contract, tort or any other legal doctrine.

23. Prohibited Uses: The Subscriber shall not use NuVisions' Equipment or NuVisions' services for illegal or inappropriate activities, including but not limited to:

• modifying, disrupting or tampering with NuVisions' Equipment, including but not limited to, tampering with the seal on the decoder or cable box, the access card or any of NuVisions' services;
• restricting, inhibiting or otherwise interfering with the ability of any other person to use or enjoy any NuVisions service, the Service, or the Internet.
• reselling NuVisions service or services; or
• engaging in one or more of these activities may result in termination of this Agreement. This section 24 shall not in any way limit NuVisions' rights of termination pursuant to any other provision of this Agreement.
• Reserved.

24. License Requirements: Subscriber agrees to comply with all end user license requirements relative to any of the Services which Subscriber accesses pursuant to the terms of this Agreement.
25. NuVisions shall not be Liable for: Any information sent by the Subscriber utilizing the functions of NuVisions' Equipment is sent at the Subscriber's sole risk, and NuVisions shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber.
26. Security: You are responsible for any misuse of NuVisions' Equipment or NuVisions' services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or Subscriber with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to NuVisions' Equipment, services or Services. The Equipment, NuVisions' service or the Service may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. Use or distribution of tools designed for compromising security is prohibited.
27. Privacy Statement: Please see NuVisions' privacy statement for a detailed outline of NuVisions' video or digital services privacy policies and how they affect your use of NuVisions' Equipment and services.
28. Jurisdiction and Venue: In any legal action brought by NuVisions with respect to this Agreement, Subscriber consents to the jurisdiction of the courts of the state in which NuVisions' Equipment is installed.
29. Entire Agreement: This Agreement constitutes the entire agreement between the Subscriber and NuVisions for the services to be provided hereunder. No undertaking, representation or warranty made by any agent or representative of NuVisions in connection with the sale, installation, maintenance or removal of NuVisions' services or Equipment shall be binding on NuVisions except as expressly included herein.
30. Amendment: NuVisions may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. NuVisions may notify Subscriber of any such changes to this Agreement by sending notice via e-mail or postal mail. The Subscriber's continued use of NuVisions' service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using NuVisions' Equipment and services and notify NuVisions that Subscriber is terminating this Agreement in accordance with Section 14 of this Agreement.
31. Severability: Any part of this Agreement, which is determined illegal or invalid, will not affect the legality or validity of the remainder.