Broadband Internet Terms & Condition of Service

Broadband Internet Terms and Conditions of Service

CITY OF MORGANTON DBA CoMPAS X-Stream RESIDENTIAL INTERNET SERVICE TERMS AND CONDITIONS

Thank you for choosing CITY OF MORGANTON DBA CoMPAS X-Stream for your Internet needs. This document is important–please read it carefully. THIS CITY OF MORGANTON DBA CoMPAS X-Stream RESIDENTIAL INTERNET SERVICE TERMS AND CONDITIONS AND ALL DOCUMENTS REFERRED TO HEREIN (collectively the “Agreement”), IS A LEGAL CONTRACT BETWEEN THE CUSTOMER (“USER”) AND CITY OF MORGANTON DBA CoMPAS X-Stream(“CoMPAS X-Stream”) AND SETS FORTH THE TERMS AND CONDITIONS BY WHICH CoMPAS X-Stream WILL MAKE AVAILABLE THE SERVICES USER HAS ELECTED TO RECEIVE (“the Service(s)”).

CoMPAS X-Stream RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON CoMPAS X-Stream’s WEBSITE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. CoMPAS X-Stream MAY NOTIFY USER OF ANY CHANGE BY: POSTING NOTICE OF CHANGES ON CoMPAS X-Stream’s WEBSITE; NOTIFYING USER BY EMAIL OR US MAIL; AND/OR NOTIFYING USER ON USERS MONTHLY BILLING STATEMENT. USER SHOULD REGULARLY REVIEW INFORMATION POSTED ONLINE IN THE ‘SUPPORT’ (https://www.morgantonnc.gov/compas/page/compas-support) AREA OF CoMPAS X-Stream’S WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USER’S NON-TERMINATION OR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES USER’S ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

This Agreement takes effect once USER’S order for Services has been accepted by CoMPAS X-Stream and USER accepts Services from CoMPAS X-Stream. This Agreement shall continue until USER’s Services are terminated in accordance with this Agreement. This Agreement governs both the Services and any equipment provided by CoMPAS X-Stream and used in conjunction with the Service, such as Consumer Premises Equipment; an IP phone; Multimedia Terminal Adapter; Analog Telephone Adapter; or any other IP connection device (collectively, a “Device” or the “Equipment”).

SERVICES

Internet Access – Subject to the Service characteristics contained herein, CoMPAS X-Stream shall provide Internet connections between the CoMPAS X-Stream provided Equipment and CoMPAS X-Stream’s Internet backbone. Internet connections are provided as “up-to” the speeds advertised within the Service plan purchased by USER reflecting performance under ideal conditions. CoMPAS X-Stream reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance, and will do its best to inform USER of any such interruptions ahead of time. CoMPAS X-Stream shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement.

ACCEPTABLE USE

As a condition of use of the Service, USER warrants to CoMPAS X-Stream that USER will use the Service in accordance with the Broadband Internet Acceptable Use Policy of CoMPAS X-Stream as it may be updated from time to time and which is available at https://www.morgantonnc.gov/compas/page/privacy-policy.

The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. USER agrees not to export, import or re-export, (including, without limitation by way of electronic transmission) any technology transmitted through CoMPAS X-Stream Services without first obtaining any required export license or governmental approval. USER agrees it will not directly or indirectly export or re-export such technology to any of those countries listed from time-to-time in supplements to Part 770 to Title 15 of the Code of Federal Regulations in Country Groups Q, S, W, Y or Z. The parties acknowledge that the foregoing lists are subject to regulatory change from time to time.

CoMPAS X-Stream will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses. USER agrees to indemnify and hold harmless CoMPAS X-Stream, its agents and representatives, from any and all claims, costs, losses, damages, liabilities and expenses, including reasonable attorneys’ fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by CoMPAS X-Stream, or any other party, arising out of USER’s breach of either this lawful use provision or CoMPAS X-Stream’s Broadband Internet Acceptable Use Policy.

The Service, any Devices or Equipment, and any firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in the Devices or Equipment, and all Services, information, documents and materials on CoMPAS X-Stream Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of CoMPAS X-Stream’s websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain the exclusive property of CoMPAS X-Stream. Nothing in this Agreement grants USER the right or license to use any CoMPAS X-Stream marks.

USER has not been granted any license to use the firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in any Devices or Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. USER expressly agrees that any Device or Equipment is exclusively for use in connection with the Service and that CoMPAS X-Stream will not provide any passwords, codes or other information or assistance that would enable USER to use such Device or Equipment for any other purpose. CoMPAS X-Stream reserves the right to prohibit the use of any interface equipment that CoMPAS X-Stream has not provided to the USER. USER hereby represents and warrants that USER possess all required rights, including software and/or firmware licenses, to use any interface equipment that CoMPAS X-Stream has not provided to USER. In addition, USER shall indemnify and hold CoMPAS X-Stream harmless against any and all liability arising out of USER’s use of such interface equipment with the Service. USER shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

USER shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior written consent from CoMPAS X-Stream. CoMPAS X-Stream reserves the right to terminate USER’s Service if CoMPAS X-Stream believes, in CoMPAS X-Stream’s sole and absolute discretion, that USER has tampered with any Device. In the event of such termination, USER will remain responsible for any termination fees as provided for in this Agreement. USER shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

SECURITY

USER can best control the risks associated with security, and are therefore solely responsible for maintaining and upholding the account security of their Service. CoMPAS X-Stream will not be responsible for any disruption of Service, corrupted files or viruses which affect the USER of the Service. It is USER’s responsibility to safeguard USER’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of USER’s failure to properly secure USER’s network and devices may result in the immediate termination of USER’s Service. USER is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.

SERVICE CHARACTERISTICS

Service Availability – The Service is subject to availability as it is contingent on available CoMPAS X-Stream facilities and unique signal path conditions between such facilities and the USER premises. Due to the nature of the Service technology, CoMPAS X-Stream reserves the right to deem the Service unavailable to the USER up to, including, and after the installation. CoMPAS X-Stream assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in USER’s geographical area, for any reason, even where such unavailability occurs after installation of the Service.

Service Plans – CoMPAS X-Stream offers a range of Service plans with different speeds and data usage. Service plans are subject to availability and may include other promotional terms and conditions including a minimum service term commitment (“Service Term”). A Service Term shall begin on the date that the Service has been installed and activated by CoMPAS X-Stream. If USER signs up for a Service plan that includes special or promotional offers, such offers may only be in effect for the initial Service Term of the plan. If USER changes or upgrades their Service plan, any special or other promotions may be subject to discontinuance or removal.

Performance Levels – Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. CoMPAS X-Stream Services are provided as “up-to” speeds and CoMPAS X-Stream does not guarantee the maximum Service performance (throughput speeds) levels. CoMPAS X-Stream will make every reasonable effort to ensure that USERS receive the speeds under the Service plan they signed up for throughout most of a USER’s daily use and reflecting performance under ideal conditions. CoMPAS X-Stream is not responsible for speeds from points anywhere else on the internet and USER understands that content that USER may access through the Service may be subject to “caching” or several other factors that are beyond CoMPAS X-Stream’s control.

Throughput Volume – Depending on the Service plan signed up for, an account will have a standard quota for disk space and data usage. At CoMPAS X-Stream’s discretion, additional quota may be added to such an account for a recurring fee, based on CoMPAS X-Stream’s then-current rates.

Network Management – USER understands, acknowledges and agrees that CoMPAS X-Stream may use various tools and techniques in order to efficiently and reasonably manage its networks. CoMPAS X-Stream may employ traffic-management technology to allocate bandwidth across all of its customers and has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on CoMPAS X-Stream’s servers.

IP Addresses – Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by CoMPAS X-Stream and/or the American Registry for Internet Numbers (ARIN).

EQUIPMENT

CoMPAS X-Stream Equipment – CoMPAS X-Stream will provide USER the authorized wireless Equipment for use with the CoMPAS X-Stream Service. Only CoMPAS X-Stream Consumer Premises Equipment (“CPEs”) are permitted and authorized to be connected to the Service. CoMPAS X-Stream will own the CPE installed at the USER location, and will monitor and upgrade said CPE as CoMPAS X-Stream determines to be necessary and appropriate.

USER Equipment – It is USER’s responsibility to ensure that USER’s computer system meets the current minimum system requirements stated by CoMPAS X-Stream as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, USER’s computer equipment may cease to be adequate to access the Service. In such event, USER’S sole remedy will be to upgrade computer equipment or terminate this Agreement. It is possible for hardware and software below CoMPAS X-Stream’s stated minimum requirements to work on CoMPAS X-Stream’s network. However, CoMPAS X-Stream does not guarantee service with hardware lower than the following requirements and the use of older software can expose USER and USER’s data to viruses and other security risks.

Windows System Desktop or Laptop Microsoft Windows 7 or newer; Pentium Processor 1 GHz, or equivalent, 1 GB of memory (RAM), 16 GB of free hard drive space, 16bit colors at 1024×768 resolution, and Ethernet card (NIC) or WAN Card (WiFi).
Macintosh System MAC OS 10.6 or newer; Intel Core 2 Duo processor or newer, 2 GB of memory (RAM), 8 GB of free hard drive space, Ethernet or WiFi Card (NIC).

CANCELLATION / TERMINATION / CHANGE IN SERVICE

If USER chooses to cancel the Service at any point after the order is placed, but before the Service has been activated, USER will not be invoiced and will not be charged a processing fee. If USER wishes to cancel the Service before Service has been activated, the USER is required to notify CoMPAS X-Stream of USER’s intent to cancel prior to activation by calling CoMPAS X-Stream customer service at 828-438-5353.

USER may terminate the Service at any time upon notice to CoMPAS X-Stream. Termination is effective on the date you contact CoMPAS X-Stream to cancel the Service or as of a future date designated by USER or CoMPAS X-Stream, provided CoMPAS X-Stream can support such future date. HOWEVER, PAID CHARGES ARE NOT SUBJECT TO REFUND SO IF USER CANCELS SERVICE BEFORE THE END OF A BILLING CYCLE, THERE WILL BE NO PRO-RATED REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PERIODS REMAINING AFTER THE TERMINATION DATE. ADDITIONALLY, IF USER AGREED TO A SERVICE PLAN THAT REQUIRES A MINIMUM TERM COMMITMENT (“SERVICE TERM”), AND SERVICE IS TERMINATED PRIOR TO THE END OF THE SERVICE TERM, USER WILL BE SUBJECT TO AN EARLY TERMINATION FEE.

If USER changes or upgrades the Service plan, any applicable prior Service Term will be terminated and USER will have a new Service Term as applicable to the new Service plan. A change or upgrade to a Service plan may be subject to an upgrade fee. Upon a change or upgrade to a Service plan, any special or other promotions applied to USER’s account may be subject to discontinuance or removal if such promotion is no longer available.

Termination of the Service does not affect USER’s obligations under this Agreement, including USER’s obligation to pay all fees for Services rendered prior to termination and any termination, processing and administration fees incurred as a result of such termination. CoMPAS X-Stream accounts must be paid in full before a cancellation will be considered complete.

If all Equipment provided by CoMPAS X-Stream is not returned within 30 days of cancellation or termination of Service, USER agrees to pay CoMPAS X-Stream the fees. USER authorizes CoMPAS X-Stream and its agents to charge the Equipment replacement charge to the credit card on file with CoMPAS X-Stream. If CoMPAS X-Stream is unable to obtain a charge authorization for the full amount due, USER agrees to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within 10 days of notification of the amount due. USER bears all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is received by the USER until the time (if any) when it is returned to CoMPAS X-Stream in accordance with this agreement.

Upon the termination of USER’s Service, CoMPAS X-Stream may, in its sole and absolute discretion, release to the USER’s new service provider the telephone number that USER ported (transferred or moved over) to CoMPAS X-Stream from USER’s previous service provider and used in connection with USER’s service if: such new service provider is able to accept such number; USER’s account has been properly terminated; USER’s account is completely current, including payment for all charges and applicable termination fees; and USER requests the transfer upon termination of the account.

TERMINATION AND SUSPENSION BY CoMPAS X-Stream

Inappropriate use or abuse of the Services by USER, as determined in the sole discretion of CoMPAS X-Stream, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of CoMPAS X-Stream Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law.

CoMPAS X-Stream may terminate your account immediately if it determines, in its sole discretion, that USER has violated any of the provisions of this Agreement, including but not limited to CoMPAS X-Stream’s Broadband Internet Acceptable Use Policy. CoMPAS X-Stream reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason.

Further, CoMPAS X-Stream may terminate USER’s Service for any reason by providing written notice to USER at least thirty (30) days prior to the termination date.

If USER’s Service is terminated by CoMPAS X-Stream for any reason, USER will remain fully liable and responsible to pay any fees that are still owed to CoMPAS X-Stream pursuant to this Agreement and for all costs CoMPAS X-Stream incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.

FEES, PAYMENT AND BILLING

Fees – Fees include, without limitation, set up or installation fees, monthly Service fees, monthly Equipment fees and other fees as set forth below. CoMPAS X-Stream will invoice fees for Services and any Equipment in advance. USER agrees to pay all federal, state or local taxes arising under this Agreement. If, during the first thirty (30) days of service, the USER is having service or quality issues with the Internet Service which CoMPAS X-Stream is not able to fix, the USER may cancel the Service and CoMPAS X-Stream will refund all monies paid (including installation cost).

Additional Fees – All CoMPAS X-Stream Services are subject to additional fees, including, but not limited to overage charges, unreturned Equipment fees, early termination fees, upgrade fees, Directory Assistance (411) calls, insufficient funds fees, late fees, and reconnect fees as set forth in the Additional Fees and Payment Terms .

Credit Inquiries and Security Deposit – USER AUTHORIZES CoMPAS X-Stream TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT USER’S CREDIT HISTORY AND TO ENTER THIS INFORMATION IN USER’S FILE. Any risk assessments conducted by CoMPAS X-Stream or its third-party credit bureau will be done in conformance with the requirements of all applicable state or federal laws. Based on this inquiry, CoMPAS X-Stream may ask for a security deposit before providing USER the Service. If USER pays a deposit in connection with the Service and the state in which the Service is provided does not require interest to be paid on that deposit, CoMPAS X-Stream will not pay you any such interest. If during our Service relationship CoMPAS X-Stream questions USER’s willingness to pay your bills in a timely way, CoMPAS X-Stream might require additional measures to ensure payment (like requiring prior payments or additional security). If USER refuses to follow these required measures, CoMPAS X-Stream may terminate USER’s Service and assess any applicable termination charge.

Payment Method and Timing – Accounts may be paid by electronic bank draft, or credit card only, as setup at the time of start of service. Money order or check payments will be reviewed on a case by case basis and must be approved by CoMPAS X-Stream. USER’s CoMPAS X-Stream account will be considered delinquent if payment is rejected for any reason or if any unpaid balance remains on the account. Payment terms including due date and late payment policy is as set forth in Customer Agreement Contract at time of start of service.

Late Fees and Service Interruption/Disconnect – CoMPAS X-Stream shall charge USER Late and other applicable fees to recover the costs of dealing with late payment situations. These fees are in addition to all other fees. Additionally, CoMPAS X-Stream may interrupt or disconnect USER’s Services for non-payment and USER shall be subject to a Non-Payment Fee to resume Service. The late terms and associated charges are determined by the date payment is received by CoMPAS X-Stream. The Customer Agreement Contract sets forth the appropriate intervals when USER’s account will be interrupted or disconnected and when any outstanding balance will be sent to collections. At such time that CoMPAS X-Stream determines that Equipment is to be retrieved from USER, CoMPAS X-Stream will call USER to inform them that Equipment will be removed and retrieved. In all cases, if USER wants to resume or reconnect Services, USER’s account must be brought current and USER shall be subject to a reconnect fee.

Billing Disputes and Errors – Subject to applicable law, USER may dispute any invoiced charge by contacting CoMPAS X-Stream within one hundred twenty (120) days of the date of the disputed invoice. All invoiced charges shall be deemed correct and indisputable one hundred twenty (120) days after the date of the invoice on which they appear and USER shall waive the right to dispute any charge after such period. CoMPAS X-Stream’s obligation with respect to any billing errors resulting in USER’s overpayment for Service is limited to granting invoice credits equal to the dollar amounts erroneously billed, subject to the above limitation.

Fee Changes – USER acknowledges and agrees that CoMPAS X-Stream has the right to change its Service fees, additional fees, or add new fees at any time, upon notice to the USER. Notwithstanding the foregoing, if USER agrees to a Service plan with a Service Term of one (1) year or more, then USER’s base monthly Service fees shall not be subject to change during the Service Term, but Equipment fees and additional fees are still subject to change.

USER Charges – USER acknowledges that USER may incur USER-initiated charges while using the Services. For example, charges may be incurred as a result of USER accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. USER agrees that all such charges, including all applicable fees and taxes, shall be paid by USER and are not the responsibility of CoMPAS X-Stream.

INSTALLATION AND ACCESS TO USER’S PREMISES

CoMPAS X-Stream will provide installation Services at the USER premises at an agreed-upon price. As part of the installation process, modifications to the inside wiring in USER’s house may be required, and USER hereby consents to and authorizes any such modifications. USER authorizes CoMPAS X-Stream, and its employees, agents, contractors, and authorized representatives to enter USER’s premises in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If USER is not the owner of the premises, upon request, USER will supply CoMPAS X-Stream with the owner’s name and address and written consent or other evidence that USER is authorized to grant access to the premises on the owner’s behalf or CoMPAS X-Stream may request permission from the owner to install the Services on the premises. This Agreement is contingent upon CoMPAS X-Stream’s obtaining a right of entry onto the premises and CoMPAS X-Stream shall not have any liability if access or right of entry to the premises is denied or limited for any reason. USER will not remove Equipment from the premises, modify the Equipment in any way, or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected to by the CoMPAS X-Stream installer. For such charges as CoMPAS X-Stream may determine, CoMPAS X-Stream may relocate the Equipment for USER within the premises at USER’s request.

MOVING AND RECONNECTION

If USER moves during the term of this agreement and would like to relocate the Service, USER must place a relocation request with CoMPAS X-Stream. This request must contain the requested date of Service termination, plus the address and phone number of the new location, and, the prospective move-in date, and the requested transfer of Service date. Upon receipt of a request from USER, CoMPAS X-Stream will suspend all monthly fees from the requested termination date until Service relocation is completed. Upon transfer of USER’s account, USER agrees to continue to comply with all terms and conditions of this Agreement and the Service plan originally agreed to. Billing cycle and Service Term will recommence upon activation of CoMPAS X-Stream Service at the new location.

If CoMPAS X-Stream is unable to provide Service to the USER’s new location, this Agreement shall terminate and USER shall not be subject to any Early Termination Fees, provided that (i) a CoMPAS X-Stream technician confirms and verifies that CoMPAS X-Stream is not able to provide service to the new address or (ii) USER provides proof and CoMPAS X-Stream confirms that the new location is outside of CoMPAS X-Stream’s service area (i.e. copy of utility bill at new address).

If CoMPAS X-Stream has not received sufficient information from USER to process the relocation order thirty (30) days after Service termination date, this Agreement shall be considered terminated by USER, and any applicable Early Termination Fees will apply.

PRIVACY

CoMPAS X-Stream takes USER’s personally identifiable information and privacy seriously and has established a Privacy Policy which governs its collection, use, disclosure, management and security related to USER’s personal information. The CoMPAS X-Stream Privacy Policy may be updated from time to time and is available at https://www.morgantonnc.gov/compas/page/privacy-policy By using the Service USER acknowledges that USER accepts the practices and policies outlined in CoMPAS X-Stream’s Privacy Policy. USER’s continued use of the Service after notice of any changes to the Privacy Policy have been provided will indicate USER’s acceptance of such changes.

USER OBLIGATIONS

USER shall be solely responsible for independent backup of any data files residing on CoMPAS X-Stream computers or networks. CoMPAS X-Stream reserves the right to remove/delete any personal files after an account is terminated or associated with prohibited activities.

USER shall notify CoMPAS X-Stream immediately, in writing or by calling CoMPAS X-Stream customer support line, if any Device is stolen or if USER becomes aware at any time that USER’s Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When USER calls or writes, USER must provide an account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of USER’s Service and additional charges. Until such time as CoMPAS X-Stream receives notice of the theft, fraudulent use or unauthorized use, USER will be liable for all use of the Service using a Device stolen from USER and any and all stolen, fraudulent or unauthorized use of the Service.

USER will be liable for any and all liability that may a CoMPAS X-Stream out of the content transmitted by USER or to any person, whether authorized or unauthorized, using USER’s Service or Device. USER shall assure that all use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. CoMPAS X-Stream reserves the right to terminate or suspend USER’s Services and remove any content from the Service, if CoMPAS X-Stream determines, in its sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with CoMPAS X-Stream’s ability to provide Services to USER or others. CoMPAS X-Stream action or inaction under this Section will not constitute any review or approval of USER’s use or content.

USER has been advised and acknowledges that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The USER is responsible for all information received, transmitted, and/or stored by the USER and the USER releases CoMPAS X-Stream from and agrees to indemnify CoMPAS X-Stream its officers, directors, agents and employees against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement.

USER COMPLAINT RESOLUTION

CoMPAS X-Stream is working to provide the best service possible and welcomes USER’s ideas on how CoMPAS X-Stream can improve the quality of our service. USER can communicate USER’s views to CoMPAS X-Stream by calling 828-438-5353.

WARRANTY

USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY EQUIPMENT IS AT USER’S SOLE RISK. THE SERVICES AND ANY EQUIPMENT PROVIDED TO THE USER BY CoMPAS X-Stream ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. CoMPAS X-Stream DOES NOT WARRANT (i) THE UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (ii) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY EQUIPMENT WILL MEET USER’s REQUIREMENTS; (iii) THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPOMNENTS; OR (iv) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES USER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO USER’S COMPUTER OR DEVICE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CoMPAS X-Stream OR CoMPAS X-Stream AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

LIMITED WARRANTY – CoMPAS X-Stream WARRANTS THAT IT WILL USE REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS AGREEMENT IN A TIMELY, PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER USER’s ACTUAL DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX (6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. CoMPAS X-Stream WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. CoMPAS X-Stream DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF ANY SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE. CoMPAS X-Stream’s ENTIRE LIABILITY AND USER’s EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS WARRANTY SHALL BE, AT CoMPAS X-Stream’s SOLE OPTION, EITHER RETURN OF ALL OR A PORTION OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR PRODUCTS. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY CoMPAS X-Stream. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO THE USER. IF ANY UNAUTHORIZED MODIFICATIONS ARE MADE TO THE EQUIPMENT OR SERVICES BY USER DURING THE WARRANTY PERIOD, IF THE SERVICES OR PRODUCTS ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF USER BREACHES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED.

OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH THEREIN, CoMPAS X-Stream MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN REGARDS TO THE DEVICE OR EQUIPMENT, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET USER’s REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.

LIMITATION OF LIABILITY / DISCLAIMER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CoMPAS X-Stream OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS OR AGENTS OR ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO USER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CoMPAS X-Stream UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.

ADDITIONALLY, CoMPAS X-Stream WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD; (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK OF OR BREACH OF SECURITY USER, OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR CUSTOMER”S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (vii) FOR ANY MATTER BEYOND CoMPAS X-Stream’S REASONABLE CONTROL.

CoMPAS X-Stream WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; EQUIPMENT, NETWORK OR FACILITY FAILURE; EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION; FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD, ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM AND GOVERNMENT ACTIONS; EQUIPMENT, NETWORK OR FACILITY SHORTAGE; EQUIPMENT OR FACILITY RELOCATION; SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO THE USER; OUTAGE OF, OR BLOCKING OF PORTS BY, USER’s ISP OR BROADBAND SERVICE PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY ANY THIRD PARTY; ANY ACT OR OMISSION BY USER OR ANY PERSON USING THE SERVICE OR DEVICE PROVIDED TO THE USER; OR ANY OTHER CAUSE THAT IS BEYOND CoMPAS X-Stream’s CONTROL, INCLUDING, WITHOUT LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, 911 DIALING) TO BE CONNECTED OR COMPLETED, OR FORWARDED. CoMPAS X-Stream’s AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.

IN NO EVENT SHALL CoMPAS X-Stream’s AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING CoMPAS X-Stream TO A CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND CoMPAS X-Stream LIMITS ITS LIABILITY IN SUCH JURISDICTIONS ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAWS. EXCEPT FOR THE PAYMENT OF FEES DUE BY USER HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THE AGREEMENT WHICH MIGHT BE DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE BEYOND THE REASONABLE CONTROL OF SUCH PARTY, INCLUDING WITHOUT LIMITATION ACTS OF NATURE, COURT OR GOVERNMENT.

INDEMNIFICATION

USER agrees to defend, indemnify and hold CoMPAS X-Stream its officers, directors, agents and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from USER’s violation of any of the provisions of this Agreement or USER’s placement or transmission of any materials or content onto CoMPAS X-Stream servers or through its network, or from any and all use of USER’s account, with or without USER’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by CoMPAS X-Stream as part of CoMPAS X-Stream investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to USER’s use of or inability to use CoMPAS X-Stream Services, Equipment, bundled software, Internet or VoIP, including, without limitation, 911 dialing.

MISCELLANEOUS

Relationship – USER’s relationship with CoMPAS X-Stream is that of an independent contractor. USER is not an agent of CoMPAS X-Stream, and USER has no authority to obligate CoMPAS X-Stream by contract or otherwise.

Third Party Beneficiaries – No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Survival – The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive

Transferability and Assignment – USER shall not sell, transfer or assign this Agreement. USER’s account and right to use CoMPAS X-Stream Services and system are not transferable without CoMPAS X-Stream’s prior written consent. USER agrees to protect its password and account and to keep them secure from unauthorized USERs and use, and to be solely responsible for the protection and security of USER’s password and account information.

Notices – Notifications of either party to this Agreement shall be effective upon receipt, or refusal of delivery, when deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or when sent by a telefax, email, or a nationally recognized overnight delivery service, to CoMPAS X-Stream at 3088 US 70 E Morganton, NC 28655 or to the address of Customer set forth on CoMPAS X-Stream’s records or such other address provided for such purposes.

Proprietary Rights – CoMPAS X-Stream grants USER a non-exclusive, non-transferable license to use the products and Services provided hereunder. Title and property rights, including all intellectual property rights to such products and Services, is and shall remain with CoMPAS X-Stream, whether or not they are embedded in any product. USER recognizes that the products and Services used hereunder constitute valuable trade secrets of CoMPAS X-Stream and USER shall use their best efforts to protect and keep confidential any and all products and Services used by USER and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and Services.

Jurisdiction/Venue/Choice of Law – USER agrees that exclusive jurisdiction for any claim or dispute with CoMPAS X-Stream or relating in any way to USER’s account or USER’s use of the Services resides in the courts of North Carolina and that this Agreement shall be governed by North Carolina law. USER expressly consents to the exercise of personal jurisdiction in the courts of North Carolina in connection with any such dispute. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

Amendments – CoMPAS X-Stream may modify this Service Agreement from time to time, and USER’s continued use of the Service following notice of such modification shall be deemed to be USER’s acceptance of such modification. If USER does not agree to any modification of this Agreement, USER must immediately stop using the Service and notify CoMPAS X-Stream of USER’s desire to cancel the Service.

Information – USER hereby acknowledges that CoMPAS X-Stream and its affiliates may retain and use any information, comments or ideas conveyed by USER relating to the Service (including any products and services made available on the Service). This information may be used to provide USER with better service. CoMPAS X-Stream may open and maintain a Customer file.

Entire Agreement – This Agreement, including the Service Quote and any and all other documents and CoMPAS X-Stream policies referenced herein, constitutes the entire agreement between CoMPAS X-Stream and USER pertaining to the subject matter hereof. CoMPAS X-Stream’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.

Severability – In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.

ACCEPTANCE

USER represents and warrants to CoMPAS X-Stream that USER is of lawful age to enter into this Agreement and that (i) USER has the full right, power and authority to enter into this Agreement and to perform the acts required of USER hereunder; and (ii) the acceptance of this Agreement by USER, and the performance by USER of its obligations and duties hereunder, do not and will not violate any agreement to which USER is a party or by which it is otherwise bound.

By using and accepting Service from CoMPAS X-Stream, USER acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if USER had physically signed this Agreement. This Agreement supersede all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of any term or condition of this Agreement shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of CoMPAS X-Stream

By providing CoMPAS X-Stream with USER’s telephone number, cell phone number(s), or email address, USER gives consent for CoMPAS X-Stream, or any of CoMPAS X-Stream’s agents (including collection agents), to contact USER at these numbers or email address, or any other phone number or email address that is later acquired for USER, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement. For greater efficiency, calls may be delivered by an auto-dialer.

BY USER’s USE AND ACCEPTANCE OF THE SERVICE, USER IS INDICATING THAT USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Effective: April 27, 2010

Frequently Asked Questions

If You do not want Your name, address, level of service or other personally identifiable information disclosed to third parties in a "mailing list" as explained above, or if You do not want to receive marketing messages (e.g., phone calls, emails, and direct mail) please email this preference to compasdept [at] ci.morganton.nc.us (compasdept[at]ci[dot]morganton[dot]nc[dot]us) or by contacting us by telephone at 1-828-438-5353. Customers of our video service cannot opt-out of the collection of audience measurement data. Please note that such request will not eliminate all telephone calls, emails or direct mail sent to You from COMPAS X-STREAM as COMPAS X-STREAM may still continue to send non-marketing account-related messages to You.

You have a right under the Cable Act to see Your personally identifiable information that COMPAS X-STREAM collects and maintains. The information COMPAS X-STREAM has about its Customers is maintained at COMPAS X-STREAM's local office in City Hall at 305 E. Union St. in Morganton. If You would like to see Your information, please send a written request to COMPAS X-STREAM. COMPAS X-STREAM will be glad to make an appointment for You to come in to our office during regular business hours. If Your review reveals an error in our records, COMPAS X-STREAM will correct it. You may also be able to access certain information about You or Your account by telephone (1-828-438-5353), depending upon the information You have provided.

COMPAS X-STREAM is concerned about children's privacy and does not knowingly collect personally identifiable information from anyone under the age of 13 over its Service unless otherwise expressly identified. COMPAS X-STREAM urges children to always obtain a parent or legal guardian's permission before sending any information about themselves over the Internet and urges parents and legal guardians to be vigilant regarding children's Internet usage. Other services or web pages accessed through COMPAS X-STREAM's Service may have different policies on collection of information pertaining to children and You should consult their privacy policies and read their notices if You have any concerns about the collection or use of such information by those entities.

COMPAS X-STREAM takes the security of our Customers' personally identifiable information seriously. COMPAS X-STREAM takes such actions as are reasonably necessary to prevent unauthorized access by entities other than COMPAS X-STREAM to personally identifiable information. COMPAS X-STREAM uses security and/or encryption technology to secure certain sensitive personally identifiable information when it collects such information over the system. COMPAS X-STREAM restricts access to its customer database and secures the content by use of firewalls and other security methods. COMPAS X-STREAM limits access to databases containing Customers' personally identifiable information to those specifically authorized employees and agents of COMPAS X-STREAM and other parties identified in the "Who sees the information collected by COMPAS X-STREAM?" section above. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose personally identifiable information.

You need to help protect the privacy of Your own information. You and others who use Your equipment must not give identifying information to strangers or others whom You are not certain have a right or need to the information. You also must take precautions to protect the security of any personally identifiable information that You may transmit over any home networks, wireless routers, wireless fidelity (WiFi) networks or similar devices by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of Your personally identifiable information. You are responsible for the security of Your information when using unencrypted, open access or otherwise unsecured networks in Your home. For more information on things You can do to help protect the privacy of Your own information, visit http://www.onguardonline.gov/.

COMPAS X-STREAM will maintain personally identifiable information about You as long as You are a subscriber to COMPAS X-STREAM's Service and as long as necessary for the purpose for which it was collected. If You are no longer a subscriber to any COMPAS X-STREAM Service and the information is no longer necessary for the purpose for which it was collected, COMPAS X-STREAM will only keep personally identifiable information as long as necessary to comply with laws governing our business. These laws include, but are not limited to, tax and accounting requirements that require record retention. COMPAS X-STREAM will also maintain personally identifiable information to satisfy pending requests for access by a subscriber to his/her information or pursuant to a court order. COMPAS X-STREAM will destroy Customers' personally identifiable information when the information is no longer necessary for the purpose for which it was collected, when there are no longer pending requests for such information, and when it is no longer necessary to retain the information under applicable laws.

If You have any questions about our privacy protections and policies, please contact our customer service office at 1-828-438-5353 or by visiting COMPAS X-STREAM's website at www.compascable.net.

COMPAS X-STREAM collects both personally identifiable information and non-personal information about You when You subscribe to our Service. COMPAS X-STREAM uses its system to collect personally identifiable information about You: (a) when it is necessary to provide our services to You; (b) to prevent unauthorized reception of our services; and (c) as otherwise provided in this Policy. COMPAS X-STREAM will not use the system to collect Your personally identifiable information for other purposes without Your prior written or electronic consent. COMPAS X-STREAM also collects personally identifiable and non-personal information about You when You voluntarily provide information to COMPAS X-STREAM, as may be required under applicable law, and from third parties, as described in this Policy.

Personally identifiable information is any information that identifies or can potentially be used to identify, contact, or locate You. This includes information that is used in a way that is personally identifiable, including linking it with identifiable information from other sources, or from which other personally identifiable information can easily be derived, including, but not limited to, name, address, phone or fax number, email address, spouses or other relatives' names, drivers license or state identification number, financial profiles, social security number, bank account information, and credit card information. Personally identifiable information does not include information that is collected anonymously (i.e., without identification of the individual or household) or demographic information not connected to an identified individual or household.

Non-personal information, which may or may not be aggregated information about our Customers and may include information from third parties, does not identify individual Customers. COMPAS X-STREAM may combine third party data with our business records as necessary to better serve our Customers. Examples of non-personal information include IP addresses, MAC addresses or other equipment identifiers, among other data. Our systems may automatically collect certain non-personal information when You use an interactive or transactional service. This information is generally required to provide the service and is used to carry out requests a Customer makes through a remote control or set-top box.

We may also collect and maintain information about Your account, such as billing, payment and deposit history; maintenance and complaint information; correspondence with or from You, information about the service options that You have chosen; information the equipment You have, including specific equipment identifiers; and information about Your use of our services, including the type, technical arrangement, quantity, destination and amount of use of certain of those services, and related billing for those services.

COMPAS X-STREAM also collects customer-provided customization settings and preferences. By using our service, You consent to our collection of this information and other information communicated to COMPAS X-STREAM such as correspondence, responses to surveys or emails, information provided in chat sessions with us, registration information, or participation in promotions or contests.

If You subscribe to our video service, then in certain of our systems, our set-top boxes automatically collect information that may be used to determine which programs are most popular, how many set-top boxes are tuned to watch a program to its conclusion and whether commercials are being watched, as well as other audience-measurement focused information. Our processes are designed to track this information and audience statistics on an anonymous basis. Information such as channel tuning, the time the channel is changed, and when the set-top box is "on" or "off" is collected at a secure database in an anonymous format. COMPAS X-STREAM, or our contractors or agents, may from time to time share the anonymous information with our advertisers, content providers, or other third parties with whom we have a relationship. We will not provide our advertisers, content providers, or these other third parties with personally identifiable information about You unless we have received Your consent first, except as required by law. (See "Who sees the information collected by COMPAS X-STREAM")

COMPAS X-STREAM will only disclose personally identifiable information to others if: (a) Customer provides written or electronic consent in advance, or (b) it is permitted or required under federal or applicable state law. Specifically, federal law allows COMPAS X-STREAM to disclose personally identifiable information to third parties:

when it is necessary to provide COMPAS X-STREAM's services or to carry out COMPAS X-STREAM's business activities;
as required by law or legal process; or
for mailing list or other purposes, subject to Your ability to limit this last type of disclosure.

To provide services and carry out our business activities, certain authorized people have access to Your information, including our employees, entities affiliated through common ownership or control with COMPAS X-STREAM and third parties that provide and/or include: billing and collection services; installation, repair and customer service subcontractors or agents; program guide distributors; software vendors; program and other service suppliers for audit purposes; marketers of COMPAS X-STREAM's products and services; third party auditors; our attorneys and accountants; and/or strategic partners offering or providing products or services jointly or on behalf of COMPAS X-STREAM. The frequency of disclosures varies according to business needs, and may involve access on a regular basis. COMPAS X-STREAM restricts third parties' use of Your information to the purposes for which it is disclosed and prohibits third parties from further disclosure or use of Your personally identifiable information obtained from us, whether for that third party's own marketing purposes or otherwise.

Unless You object in advance, federal law also allows COMPAS X-STREAM to disclose through "mailing lists," personally identifiable information, such as Your name, address and the level of Your service subscription, to non-affiliated entities, including advertisers and marketing entities, for non-service related purposes, including product advertisement, direct marketing and research. Under no circumstances will COMPAS X-STREAM disclose to these advertising entities the extent of Your viewing habits or the transactions You make over the system. COMPAS X-STREAM, or our contractors or agents, may from time to time share non-personal and/or aggregate information such as the number of Service subscribers who match certain statistical profiles (for example, the number of subscribers in various parts of the country) with our advertisers, content providers, or other third parties with whom we have a relationship.

We may provide anonymous data to third parties who may combine it with other information to conduct more comprehensive audience analysis for us and for television advertisers. This data helps program networks and cable operators decide on which programs, channels, and advertising to carry. COMPAS X-STREAM may also use that information to distribute targeted advertising to You without having disclosed any of Your personally identifiable information to the advertisers. These advertisements may invite interactive or transactional follow-up from You. By using any of COMPAS X-STREAM's interactive services, You consent to our collection of this additional information. Unless You consent first or except as required by law, only anonymous information is disclosed to audience measurement services.

As part of its business activities, if COMPAS X-STREAM enters into a merger, acquisition, or sale of all or a portion of our assets, COMPAS X-STREAM may transfer Customers' personally identifiable and non-personal information as part of the transaction.

If You subscribe to our telephone service, Your name, address and/or telephone number may be transmitted via Caller ID, published and distributed in affiliated or unaffiliated telephone directories, and available through affiliated or unaffiliated directory assistance operators. We take reasonable precautions to ensure that non-published and non-listed numbers are not included in the telephone directories or directory assistance services, although we cannot guarantee that errors will never occur. Please note that Caller ID blocking may not prevent the display of Your name and/or telephone number when You dial certain business numbers, 911, 900 numbers or toll-free 800, 866, 877 or 888 numbers.

If allowed by and after complying with any federal law requirements, COMPAS X-STREAM may disclose personally identifiable information about Customer to representatives of government or to comply with valid legal process, except as provided below, disclosures shall not include records revealing Customer's selection of video programming. Disclosures to representatives of government may be made pursuant to an administrative subpoena, warrant, court order, our reasonable discretion in cases of emergency or serious physical injury, or other permitted means. In these situations, COMPAS X-STREAM may be required to disclose personally identifiable information about a Customer without Customer's consent and without notice to the Customer. Law enforcement agencies may, by federal or state court order, and without notice to You, obtain the right to install a device that monitors Your Internet and e-mail use, including addresses of email sent and received and in some cases the content of those communications; and/or Your use of our telephone service, including listings of incoming and outgoing calls and in some cases the content of those calls. In some instances where there are valid legal requests for or orders for disclosure of Your information, we may notify You of the requests or orders and then it may be up to You to object or take specific action to prevent any disclosures pursuant to those requests or orders.

Where a governmental entity is seeking personally identifiable information of a Customer who subscribes to COMPAS X-STREAM's video services only or records revealing Customer's selection of video programming, the Cable Act requires a court order and that the video subscriber be afforded the opportunity to appear and contest in a court proceeding relevant to the court order any claims made in support of the court order. At such a proceeding, the Cable Act requires the governmental entity to offer clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the prosecution of the case. Except in certain situations (such as with respect to those who owe, or are owed, welfare or child support) state welfare agencies may obtain the names, addresses, and certain other Customer information as it appears in COMPAS X-STREAM's subscriber records under the authority of an administrative subpoena.

We may also use or disclose personally identifiable information about You without Your consent (a) to protect our Customers, employees, or property, (b) in emergency situations, (c) to enforce our rights in court or elsewhere, or directly with You, for violations of service terms, conditions or policies and/or (d) in order to comply with the Digital Millennium Copyright Act or as otherwise required by law, for example, as part of a regulatory proceeding.

COMPAS X-STREAM collects and uses personally identifiable information to:

properly deliver our Services to You;
provide You with accurate and high quality customer service;
perform billing, invoicing and collections;
provide updates, upgrades, repairs or replacements for any of our service-related devices or software used in providing or receiving services;
protect the security of the system, prevent fraud, detect unauthorized reception, use, and abuse of COMPAS X-STREAM's Services or violations of our policies or terms of service;
keep You informed of new or available products and services;
better understand how the Service is being used and to improve the Service;
manage and configure our device(s), system(s) and network(s);
maintain our accounting, tax and other records; and
comply with applicable federal and state laws and regulations, as well as for the general administration of our business.

If You use an interactive or transactional service, for example, responding to a survey or ordering a pay-per-view event, the system will collect certain additional personally identifiable information, such as account and billing information or Customer-provided locale and service preferences, to properly bill You for the services purchased and to provide You with a more personalized experience. In addition, certain information such as Your connections to our system is automatically collected to, for example, make it possible for Your digital boxes to receive and process the signals for the services You order.

COMPAS X-STREAM may also collect personally identifiable information from third parties to enhance our customer database for use in marketing and other activities. COMPAS X-STREAM also collects personally identifiable information from third parties to verify information You have provided us and collects personally identifiable information from credit reporting agencies to, for example, determine Your creditworthiness, credit score, and credit usage. COMPAS X-STREAM also may maintain research records containing information obtained through voluntary subscriber interviews or surveys.

If You subscribe to our high-speed Internet service, COMPAS X-STREAM transmits personally identifiable and non-personal identifiable information about You over the Service when You send and receive e-mail and instant messages, transfer and share files, make files accessible, visit websites, or otherwise use the Service and its features. Our transmission of this information is necessary to allow You to use the Service as You have chosen and to render the Service to You.

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