The Subscriber may also elect to receive pay-per-view events and/or movies from time to
time; however, in no instance will a Subscriber be permitted to receive this service if an
amount is shown to
be past due on the Subscriber’s account. In addition, no refund for any pay-per-view event/
movie will be granted after the initial ten (10) minutes of the event/ movie has been
received by Subscriber.
CHANGE OF OCCUPANCY OR OWNERSHIP
The Subscriber shall notify Cincinnati Bell of any change of occupancy or ownership of
Subscriber’s premises promptly upon its occurrence. Nothing in these rules and regulations
shall be construed to give the Subscriber the right to sell or assign, or the successor tenant
or occupant to acquire, any rights to use any of the equipment or service provided by
Cincinnati Bell.
LIMITATION OF CINCINNATI BELL’S LIABILITY
YOU EXPRESSLY AGREE BY YOUR USE OF THE SERVICE THAT YOUR USE OF THE SERVICE,
ITS CONTENT, AND RELATED SERVICES AVAILABLE ON OR LINKED TO THE CINCINNATI
BELL, ZOOMTOWN, OR FIOPTICS WEB SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
CINCINNATI BELL DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, OR
OTHER EQUIPMENT AUTHORIZED BY CINCINNATI BELL FOR USE IN CONNECTION WITH THE
SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT
RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES,
WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. CINCINNATI BELL SHALL NOT
BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR
SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT (INCLUDING ANY
OTHER EQUIPMENT AUTHORIZED BY CINCINNATI BELL FOR USE IN CONNECTION WITH THE
SERVICE), RENDER THE EQUIPMENT OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
Cincinnati Bell is not responsible and shall not be liable for the listings or the
advertisements contained on the Web Site, and Cincinnati Bell does not:
ፘ
Guarantee the accuracy, completeness, usefulness or adequacy of any other web sites,
services, goods or advertisements that may be linked to the Web site;
ፘ
Make any endorsement, express or implied, of any other web sites, services, goods or
advertisements that may be linked to the Web Site;
ፘ
Check for licenses with respect to licensed professions or trades prior to publishing
advertisements and does not assume the responsibility for monitoring the use of
trademarks, certifications, or other rights of third parties; NOR
ፘ
Warrant that the Service will be uninterrupted or error-free or that defects in the Service
will be corrected. The Service and any Equipment or software made available are provided
on an “as is” basis.
IN NO EVENT SHALL CINCINNATI BELL NOR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
FOR: (I) BUSINESS INTERRUPTION, OR LOSS OF PROFITS, REVENUE, USE OR DATA,
WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE
SERVICE, WEB SITE, OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL
CONTAINED IN OR ACCESSED FROM THE WEB SITE, EVEN IF CINCINNATI BELL OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; AND/OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH OR HYPERLINKED FROM THE SERVICE.
For purposes of this section, “Cincinnati Bell” is deemed to include: Cincinnati Bell
Telephone Company LLC; Cincinnati Bell Extended Territories LLC; their parent company;
the respective subsidiaries and affiliates of each; and the directors, officers, employees,
agents, representatives, subcontractors, and suppliers of each of them.
By using the Service you are agreeing to these terms. This limitation of liability and
these disclaimers of warranties allocate the risks of the Agreement between us and you.
Cincinnati Bell relies on this allocation, which is reflected in the pricing of the Services, and
is an essential element of the basis of the bargain between us.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Cincinnati Bell, its affiliated companies
and their respective directors, officers, employees and agents from all liabilities, actions,
suits, proceedings, claims, damages and expenses, including without limitation, reasonable
attorney’s fees, arising from or relating to your use of the Service, the Web Site and your
Account. Cincinnati Bell reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you hereunder,
and in such event, you shall have no further obligation to provide indemnification for such
matter.
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