MTC Cablephone, User Manual

Page: 26 / 28

g). Subscriber hereby acknowledges that the provisions of this
Section 10 shall apply to all services included in, or accessible
through, the Service and are for the benefit of , and may be
enforced by, the Operator and its successors and any underly­
ing providers.
h). Subscriber acknowledges and agrees that except in the case
of gross negligence or willful misconduct, Operator will not be
liable for any service outage, inability to dial 911 using the
Service and/or ability to access emergency service personnel
for any reason, or damages of any nature. Subscriber agrees
to release and defend, indemnify, and hold harmless Operator
and its underlying suppliers from and against any and all
claims, suits, actions, or causes of action for damages, losses,
personal injury, (including death), fines , penalties, costs, and
expenses (including reasonable attorney fees) asserted by, or
on behalf of, me or any third party or user of the Service relat­
ing to the interruption, failure, or outage of the Service, includ­
ing those related to 911 /E911.
11). Indemnification
Subscriber agrees to defend, indemnify, and hold harmless the Operator
from and against any and all claims and expenses, including reasonable
attorneys' fees, arising out of or related in any way to the use of the
Service by Subscriber or otherwise arising out of the use of Subscriber's
account or any equipment or facilities in connection therewith, or the use
of any other products or service provided by Operator to Subscriber.
12). Costs of Collection and Enforcement
In the event Operator is required to initiate legal proceedings to collect any
amounts due for services, equipment, or facilities, or to enforce any judg­
ment obtained against the Subscriber, or for the enforcement of any other
provision of this Agreement or applicable law, Subscriber shall, in addition
to all amounts due, be liable to Operator for all reasonable costs incurred
by Operator in such proceedings and enforcement actions, including rea­
sonable attorneys' fees, collection agency fees or payment, and court
costs.
13). Miscellaneous
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(a) For any notices or inquiries required in connections with this
Agreement or the Service, Subscriber may contact Operator by
(i) sending a written notice to MTC Cable - PO Box 260
Margaretville, NY 12455, (ii) calling MTC Cable Customer
Service at (845) 586-2288, or (iii) visiting the MTC Cable
Customer Service Office at 50 Swart Street - Margaretville, NY
12455 during normal business hours.
(b) This Agreement constitutes the entire agreement regarding its
subject matter and supersedes all prior written and oral agree­
ments. Operator's failure to insist on strict enforcement of any
provision in this Agreement, and Operator's course of conduct,
shall not be construed as a waiver of any such provision.
c). Operator may, at its sole discretion, change, modify, add
or delete portions of the Agreement at any time. Notification
of such changes shall be conveyed by e-mail and/or to
Subscriber. Subscriber's continued use of the Service
after receipt of such notice will be deemed acceptance of
such changes.