High-Speed Internet Service Subscriber Agreement
The following terms and conditions constitute the Agreement between Microwave
Satellite Technologies, Inc. d/b/a NuVisions Broadband (“NuVisions”) and
Subscriber with respect to the NuVisions Broadband High-Speed Internet Service
(“Service”)
1. Equipment
Required Equipment .
In order to use the Service, Subscriber computer equipment and
software (the "Subscriber Equipment") must meet the minimum requirements
communicated by NuVisions to Subscriber from to time. Unless Subscriber
updates the Subscriber Equipment from time to time, it may cease
to be adequate to access the Service, in which case Subscriber's
sole and exclusive remedy is to discontinue Subscriber's use of
the Service. Other equipment may be provided by NuVisions, including
an Ethernet card, filter and wiring installed by NuVisions or its
designee (the "NuVisions Equipment"). Subscriber represents
that it owns the Subscriber Equipment or otherwise has the right
to use the same in connection with the Service.
Access to Subscriber's Premises .
Subscriber authorizes NuVisions and its employees, agents, contractors,
and representatives to enter Subscriber's premises (the "Premises" )
in order to install, maintain, inspect, repair and remove the NuVisions
Equipment.
Relocating Equipment .
Subscriber will not relocate or tamper with the NuVisions Equipment.
If Subscriber decides to move residences, Subscriber will contact
NuVisions as provided in Section 11(a) for additional information
concerning the procedures for transferring the NuVisions Equipment
and Service to Subscriber's new residence, if available. Subscriber
acknowledges that Subscriber may incur additional charges for such
relocation
Ownership of NuVisions Equipment .
All NuVisions Equipment will at all times remain the property of
NuVisions or its designee. Subscriber may not sell, transfer, lease,
encumber or assign all or part of the NuVisions Equipment to any
third party. Subscriber will take reasonable steps to protect the
NuVisions Equipment. None of the Equipment shall become a fixture.
Subscriber shall pay to NuVisions the full manufacturer's suggested
retail price for the replacement or repair of any lost, stolen,
unreturned, damaged, sold, transferred, leased, encumbered or assigned
NuVisions Equipment or part thereof, together with any incidental
costs incurred by NuVisions relating to the replacement or repair
of the NuVisions Equipment or part thereof in accordance with Section
4(c) herein.
Back-up Requirements .
The installation, use, inspection, maintenance, repair and removal
of the NuVisions Equipment may result in service outage or potential
damage to Subscriber's computer and other Subscriber Equipment.
NuVisions strongly recommends that Subscriber backs-up all existing
computer files prior to installation of the Service and NuVisions
Equipment. Subscriber understands and assumes all risks associated
with installation and maintenance of the Service and NuVisions
Equipment as well as any failure by Subscriber to appropriately
back-up Subscriber's computer and other Subscriber Equipment. IN
ANY EVENT, EXCEPT AS SET FORTH IN SECTION 1(G) BELOW, NuVisions
SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR
DESTRUCTION OF THE SUBSCRIBER'S COMPUTER, PERIPHERALS, SOFTWARE,
OR DATA.
Non-Recommended Configuration .
NuVisions has informed Subscriber of the recommended minimum computer
hardware requirements for efficiently operating the Service (attached
to this agreement). If Subscriber and NuVisions have agreed to
proceed with the installation of the Service utilizing hardware
that does not meet the recommended minimum computer hardware requirements
(a "Non-Recommended Configuration"), Subscriber agrees
that (i) Subscriber will not be entitled to Subscriber support
relating to any issues other than the quality of the signal delivered
to Subscriber's cable modem, and (ii) the following limitations
of liability shall apply: NuVisions DOES NOT REPRESENT OR WARRANT
THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE SUBSCRIBER TO
SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, OR THAT ANY SUCH
INSTALLATION WILL NOT CAUSE DAMAGE TO THE SUBSCRIBER'S COMPUTER,
PERIPHERALS, SOFTWARE OR DATA. NuVisions DOES NOT ASSUME ANY LIABILITY
WHATSOEVER FOR ANY DAMAGE OR FAILURE TO INSTALL, ACCESS, OR USE
THE SERVICE. The foregoing limitation of liability is in addition
to and shall not limit any other limitation of liability set out
in the remainder of this Agreement.
Subscriber's Hardware and Software .
Except for willful misconduct by NuVisions, NuVisions shall have
no liability whatsoever for any damage, loss or destruction to
any Subscriber Equipment. In the event of such willful misconduct
by NuVisions, Subscriber shall notify NuVisions of such willful
misconduct in writing within two weeks, and NuVisions shall pay
for the repair or replacement of the damaged parts up to a maximum
of $3,000 and such shall be Subscriber's sole remedy relating to
such activity. NuVisions SHALL NOT HAVE ANY LIABILITY WHATSOEVER
FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES
OR DATA. In addition, the opening of Subscriber's computer may
void warranties provided by the computer manufacturer or other
parties relating to the computer's hardware or software. Subscriber
consents to the opening of the computer for the installation of
the Ethernet card. NuVisions SHALL NOT HAVE ANY LIABILITY WHATSOEVER
AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
2. Installation/End User Software
Licenses
Installation Process .
NuVisions or its agents will supply and install the NuVisions Equipment.
Instructions on how to use the Service will be provided by NuVisions.
File Modification . If
the installation of an Ethernet card is required, it will be necessary
to open Subscriber's computer. NuVisions does not represent, warrant,
or covenant that any modifications made to any Subscriber Equipment
will not disrupt the normal operations of such Subscriber Equipment.
For these and other reasons, NuVisions recommends, and Subscriber
agrees, that Subscriber will back-up all files in accordance with
Section 1(e) prior to installation of the Service. If Subscriber
does not back-up all existing computer files, Subscriber understands
and assumes the associated risks of such a decision. NuVisions
SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE RESULTING
FROM THE ABOVE OR OTHER FILE MODIFICATIONS.
Viruses . NuVisions may,
but is under no obligation to, run a third party virus check on
Subscriber's computer prior to installation. NuVisions does not
represent, warrant or covenant that the virus check software will
detect or correct any or all viruses. In addition, content downloaded
from the Service could contain a virus or other harmful feature
and it is Subscriber's sole responsibility to take appropriate
precautions to protect Subscriber's computer from damage to its
software, files or data as a result of any such virus or other
harmful feature. If a virus or other harmful feature is detected,
and Subscriber does not authorize NuVisions to attempt to remove
the same, the installation of the Service will be discontinued.
NuVisions SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE
TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA RESULTING
FROM ANY VIRUS OR OTHER HARMFUL FEATURE.
3. Disclaimer of Warranties.
THE NuVisions EQUIPMENT AND SERVICE ARE
PROVIDED BY NuVisions "AS
IS", "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY
KIND. NuVisions DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION
OF THE NuVisions EQUIPMENT OR SERVICE. SUBSCRIBER'S SOLE REMEDY
FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRO RATA REFUND
OF FEES ACTUALLY PAID BY SUBSCRIBER DURING THE 12 MONTH PERIOD
PRECEDING SUCH INTERRUPTION. NuVisions DOES NOT WARRANT THAT ANY
DATA OR FILES SENT BY OR TO SUBSCRIBER WILL BE TRANSMITTED IN UNCORRUPTED
FORM OR WITHIN A PARTICULAR PERIOD OF TIME. ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, COMPATIBILITY OR SYSTEM INTEGRATION ARE
HEREBY DISCLAIMED AND EXCLUDED. Some states do not allow the exclusion
of limitation of implied warranties, so the above exclusions or
limitations may not apply to Subscriber.
4. Payment Terms
Monthly Service Fees .
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.
Price Changes . NuVisions
has the right to change its Service fees, installation charges
and administrative charges at any time in accordance with the provisions
of Section 11(b) below.
Additional Charges . Subscriber
acknowledges that Subscriber's use of the Services may result in
Subscriber incurring charges in addition to those billed by NuVisions.
For example, charges may be incurred as a result of accessing certain
on-line services or purchasing or subscribing to certain other
offerings. Subscriber agrees that all such charges, including all
applicable taxes, are solely the responsibility of Subscriber and
that NuVisions is not responsible for any charges or taxes Subscriber
may incur.
Credit Inquiries . Subscriber
authorizes NuVisions to make inquiries and to receive information
about Subscriber's credit experience from others, enter this information
in Subscriber's file, and disclose such information concerning
Subscriber to appropriate third parties for reasonable business
purposes.
5. Collection
Use and Disclosure of Information on Subscriber Use
Subscriber Privacy Notice .
Subscriber agrees that NuVisions may from time to time collect
and disclose information as described in Section 5(b) below or
in the Subscriber Privacy Notice found on NuVisions's website at
www.nuvisionsbroadband.com. The Subscriber Privacy Notice contains
information pertaining to Subscriber's privacy rights provided
under federal law and is incorporated herein by this reference.
Collection of Information .
NuVisions collects, uses and releases information on Subscriber
use of the Service as necessary to render the Service and to otherwise
undertake legitimate business activities related to the Service.
NuVisions may collect personally identifiable information on Subscriber
preferences which are reflected in the choices that a Subscriber
makes among the range of services offered as part of the Services,
the time that the Subscriber actually uses the Service, the menus
and features used most often by the Subscriber, and other information
about a Subscriber's "electronic browsing."
Use of Information . Federal
law permits the collection of information about Subscriber use
of the Service when it is necessary to provide the Service or to
prevent unauthorized access to the Service or to Subscriber data.
Such Subscriber information may also be used for other purposes
with Subscriber's written or electronic consent. Collecting information
contained in transmissions made by the Subscriber through the Service
directed at NuVisions, Internet web sites, or other service providers
to which access is provided as part of the Service, is necessary
to provide the Service. NuVisions's detailed business records generally
are used to help make sure Subscribers are properly billed; to
send Subscribers pertinent information about the Service; to improve
the quality of the Service; and for accounting purposes. Subscriber
information is also used to help effectuate requests and orders
placed by Subscribers with advertisers, merchants, and service
providers; to understand Subscribers' reactions to various features
of the Service or the Internet; and to personalize the Service
based on the interests of Subscribers. Such information helps NuVisions
optimize the Service, including the types of commercial communications
that are addressed to Subscribers over the Service. Such information
also helps NuVisions to protect the Service and Subscribers by
allowing NuVisions to track any unauthorized access to the Service
or to Subscriber data.
Confidentiality of Information .
NuVisions considers the personally identifiable Subscriber information
that is collected to be confidential. Unless prior written or electronic
consent is obtained, NuVisions will disclose to third parties personal
information that NuVisions maintains related to Subscribers only
when it is necessary to deliver the Service to Subscribers or carry
out related business activities, in the ordinary course of business,
for ordinary business purposes, and at a frequency dictated by
NuVisions's particular business need. The types of persons to whom
information about Subscribers may be disclosed in the course of
NuVisions's business include: NuVisions employees and the employees
of NuVisions's related legal entities; agents; and billing and
collection services. NuVisions reserves the right to disclose information
to law enforcement agencies, a court or other tribunal as required
by law or to protect NuVisions, the Service or the NuVisions Equipment.
6. Prohibited Uses of the Service
Subscriber shall not use the NuVisions Equipment or the Service,
directly or indirectly, for or to (as the case may be):
any unlawful purposes. Use
of the NuVisions Equipment or Service for transmission or storage
of any information, data or material in violation of any U.S.
federal, state or local statute, order, regulation, ordinance
or law is prohibited. This includes, but is not limited to, posting
or disseminating content that is obscene, unlawful, child-pornographic,
threatening, defamatory, or which infringes the intellectual
property or privacy rights of any person;
post, transmit or disseminate
objectionable information, including, without limitations, any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, federal or international
statute, order, regulation, ordinance or law;
access any other person's
computer, software, or data of any other person, without the
knowledge and consent of such person;
impersonate any person or
entity or falsely state or otherwise misrepresent Subscriber
affiliation with a person or entity;
forge headers or otherwise
manipulate identifiers in order to disguise the origin of anything
transmitted through the Service;
to e-mail or otherwise transmit "spam" or
any other unsolicited or unauthorized advertising or promotional
materials;
upload, post, publish, transmit,
reproduce, create derivative works of, or distribute in any way,
information, software or other material obtained through the
Service which is protected by copyright or other proprietary
right, without obtaining permission of the owner;
copy, distribute or sublicense
any software provided by NuVisions except that Subscriber may
make one copy of each software program so provided for back-up
purposes only;
service, alter, modify or
tamper with the NuVisions Equipment or Service or permit any
other person who is not authorized by NuVisions to do the same;
restrict, inhibit or otherwise
interfere with the ability of any other person to use or enjoy
the NuVisions Equipment or the Service, including, without limitation,
by posting or transmitting any information or software which
contains a virus or other harmful feature; or by generating levels
of traffic sufficient to impede others' ability to send or retrieve
information;
knowingly disrupt the Service;
resell the Service or otherwise
charge others to use the Service. The Service is for personal
use only and Subscriber agrees not to use the Service for operation
as an Internet Service Provider or for any other business enterprise
in competition with the Service; or
connect the cable modem to
any computer outside of the Subscriber's premises.
NuVisions reserves the right to immediately terminate this Agreement
and the Service if Subscriber engages in any of the activities
listed above or if Subscriber uses the NuVisions Equipment or Services
in a way which is contrary to any other NuVisions policy, including,
without limitation, its Acceptable Use Policy, a copy of which
(along with all other policies) can be found on NuVisions's website
at ______________, and each of which is incorporated herein by
this reference. This Section 6 shall not in any way limit NuVisions's
rights of termination pursuant to Section 7 of this Agreement.
Subscriber agrees to indemnify and hold harmless NuVisions against
all claims and expenses (including reasonable attorney fees) resulting
from Subscriber engaging in any of the activities listed above.
This provision will survive termination of this Agreement.
7. Termination and Expiration
Termination by Subscriber .
Subscriber shall have the right at any time to terminate the service
by giving seven (7) days prior written notice to NuVisions. All
unpaid charges become immediately due and payable upon termination
of this Agreement.
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.
Subscriber Obligations Upon Termination .
Subscriber agrees that upon termination of this Agreement:
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;
Subscriber will permit NuVisions,
and its employees, agents, contractors, and representatives,
to access Subscriber's premises during regular business hours
to remove the NuVisions Equipment and other material provided
by NuVisions. Such removal will be conducted at an agreed to
time and in accordance with Section 1(b) herein; and
Subscriber will ensure the
return of all NuVisions Equipment to NuVisions. If the NuVisions
Equipment is not returned or is returned in damaged condition,
Subscriber agrees that NuVisions may bill Subscriber, and that
Subscriber shall be responsible, for the charges referred to
in Section 1(d) above.
Retention of Rights .
Nothing contained in this Agreement shall be construed to limit
NuVisions's rights and remedies available at law or in equity.
NuVisions reserves the right to delete all data, files, electronic
messages, or other information that is stored on NuVisions's servers
or systems when Subscriber's account with NuVisions is terminated
for any reason.
Multiple Users . Subscriber
acknowledges that Subscriber is executing this Agreement on behalf
of all persons who use the NuVisions Equipment and/or Service through
the Subscriber Equipment. Subscriber shall have sole responsibility
for ensuring that all such other users understand and comply with
the terms and conditions of this Agreement. Subscriber further
acknowledges and agrees that Subscriber is solely responsible and
liable for any and all breaches of the terms and conditions of
this Agreement, whether such breach is the result of use of the
Service and/or NuVisions Equipment by Subscriber or by any other
user of the Subscriber Equipment. Subscriber agrees to indemnify
and hold harmless NuVisions against all claims and expenses (including
reasonable attorney fees) arising out of the use of the Service
and/or NuVisions Equipment by any other user of the Subscriber
Equipment. Subscriber is solely responsible for taking necessary
precautions to protect itself and the Subscriber Equipment and
NuVisions Equipment, software, files and data against any risks
inherent in the use of the Service by multiple persons. Subscriber
is solely responsible for protecting its account and password.
NuVisions is not liable for any claims, losses, actions, damages,
suits or proceedings relating to the sharing of the Subscriber's
account with others, or Subscriber's failure to take appropriate
security measures.
8. Content
Responsibility for Content .
Subscriber should be aware that there may be some content on the
Internet or otherwise available through the Service which may be
offensive to some individuals, or which may not be in compliance
with all local laws, regulations and other rules. For example,
it is possible to obtain access to content that is pornographic
or offensive, particularly for children. NuVisions is not responsible
for the content contained on the Internet or otherwise available
through the Service. All content accessed by Subscriber through
the Service is accessed and used by Subscriber at Subscriber's
own risk, and NuVisions shall not have any liability whatsoever
for any claims, losses, actions, damages, suits or proceedings
arising out of or otherwise relating to access to such content
by Subscriber. In addition, NuVisions shall have no responsibility
for the availability of content or of any website. Content or website
questions or complaints should be addressed to the content or website
provider.
Posting of Content . NuVisions
does not have any obligation to monitor transmissions made on the
Service. However, Subscriber acknowledges and agrees that NuVisions
has the right to monitor such transmissions from time to time and
to disclose the same in accordance with Section 5 of this Agreement,
in the manner described in the Subscriber Privacy Notice, and as
otherwise required to satisfy any law, regulation or other government
request. NuVisions reserves the right to refuse 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.
9. Service Characteristics
Eavesdropping . NuVisions's
facilities are used by numerous cable and Service subscribers.
As a result, there is a risk that Subscriber could be subject to "eavesdropping." This
means that other cable and Service subscribers may be able to access
and/or monitor Subscriber's use of the Service. This risk of eavesdropping
exists not only with NuVisions's facilities, but also on the Internet
and other services to which access is provided as part of the Service.
Because of this risk, any sensitive or confidential information
sent or received by Subscriber is sent or received at the Subscriber's
sole risk, and NuVisions shall not have any liability whatsoever
for any claims, losses, actions, damages, suits or proceedings
arising out of or otherwise relating to such actions by Subscriber.
FTP/HTTP Service Setup .
Subscriber should be aware that when using the Service to access
the Internet or any other online network or service, there are
certain applications, such as FTP (File Transfer Protocol) server
or HTTP (Hyper Text Transfer Protocol) server, which may be used
to allow other Service users and Internet users to gain access
to Subscriber's computer. If Subscriber chooses to run such applications,
Subscriber should take the appropriate security measures. NuVisions
shall not have any liability whatsoever for any claims, losses,
actions, damages, suits or proceedings resulting from, arising
out of or otherwise relating to the use of such applications by
Subscriber, including without limitation, damages resulting from
others accessing Subscriber's computer.
File and Print Sharing .
Some software includes capabilities that permit other users across
a network and the Internet to gain access to the Subscriber's computer
and to the software, files and data stored on the computer. For
example, certain operating systems include file sharing and print
sharing capabilities which, when enabled, will permit other users
to gain access to the Subscriber's computer even if the Subscriber
is not using the Service. Any Subscriber who chooses to participate
in the Service using other than a single computer or who chooses
to enable capabilities such as file sharing, print sharing, or
other capabilities that allow users to gain access to the Subscriber's
computer, hereby acknowledges and agrees that the Subscriber does
so at the Subscriber's own risk, and that NuVisions shall not have
any liability whatsoever for any claims, losses, actions, damages,
suits or proceedings arising out of or otherwise relating to such
use by the Subscriber.
10. Limitation of Liability
Unless otherwise specifically
provided in this Agreement or otherwise prohibited by law, NuVisions
will not have any liability to Subscriber or to any third party
for:
(i) any direct, indirect,
incidental, special, punitive or consequential losses or damages,
including loss of profits, loss of earnings, loss of business
opportunities, loss of data and personal injuries (including
death), resulting directly or indirectly out of, or otherwise
arising in connection with, the Service and/or the NuVisions
Equipment, or the use or inability to use the same, including,
without limitation, any damage resulting from or arising out
of Subscriber's reliance on or use of the NuVisions Equipment
or Service, or the mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation, transmission,
or any failure of performance of the NuVisions Equipment or Service;
and
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 NuVisions Equipment or Service, or the
use thereof infringes the copyright, patent, trademark, trade
secret, confidentiality, privacy, or other intellectual property
rights or contractual rights of any third party.
The limitations set forth
in this Section 10 shall extend and apply to the acts, omissions,
and negligence of NuVisions (and their respective officers, employees,
agents, contractors or representatives) which, but for this provision,
would give rise to a cause of action in contract, tort or any
other legal doctrine.
Subscriber's sole and exclusive
remedies under this Agreement are as expressly set out in this
Agreement. Some states do not allow the limitations or exclusion
of incidental or consequential damages, so such limitations or
exclusions may not apply to Subscriber. However, in no event
shall any damages hereunder exceed the amount paid by Subscriber
for the Service in the 12 months preceding the claim.
11. Miscellaneous
Amendment . NuVisions
may, in its sole discretion, change, modify, add or remove portions
of this Agreement, and the Service provided thereunder, at any
time. NuVisions will notify Subscriber of any such changes by posting
conspicuous notice of such changes on the Service, or sending notice
via e-mail, postal mail or other means. Subscriber's continued
use of the Service following notice of such change shall be deemed
to be Subscriber's acceptance of any such modification. If Subscriber
does not agree to any such modification, Subscriber must immediately
stop using the Service and notify NuVisions that Subscriber is
terminating this Agreement in accordance with Section 7(a) of this
Agreement.
Governing Law . This Agreement
shall be exclusively governed by, and construed in accordance with,
the laws of the state in which NuVisions's Equipment is located.
Subscriber hereby agrees to venue any dispute hereunder in the
courts of such state a and hereby submits to personal jurisdiction
therein. Subject to Sections 5 1(g) and 4(h), Subscriber may not
bring any claim, suit or proceeding more than one (1) year after
the date the cause of action arose.
Assignment . NuVisions
may assign or transfer its rights and obligations under this Agreement
at any time, upon written notice to Subscriber. Subscriber may
not assign or otherwise transfer any rights or obligations under
this Agreement at any time.
General . This Agreement
and the policies referenced herein (as the same are amended from
time to time) constitute 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. NuVisions'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 provisions of this Agreement.
This Agreement is for the sole benefit of Subscriber; no third
party shall have any rights hereunder.
Minimum Requirements
Minimum NuVisions System Requirements:
PC Systems : Pentium ____MHz or equivalent
___MB of RAM ____MB free hard drive space,
Windows 98, Windows NT 4.0 with Service Pack 6a VGA, 256-color
graphics card, grounded electrical outlets
Apple Systems : PowerMac G3 or higher
___MB of RAM ____MB free hard drive space, Mac OS8.6 Open Transport
1.1.1, grounded electrical outlets
Recommended System For Multimedia Content:
PC Systems : Pentium ____Mhz equivalent
or higher ___MB of RAM ____MB free hard drive space, 4X CD-ROM
or higher Sound Blaster Family or 100% compatible sound card w/speakers
SVGA with __MB of video memory, grounded electrical outlets
Apple Systems : PowerMac G3 or higher
___ MB of RAM ____ MB free hard drive space, Mac OS8.6 or higher,
4X CD-ROM or higher, grounded electrical outlets
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