the website or, if we notify you by email, conventional mail, telephone, or on your monthly
bill, effective as stated in such message. By using the Service after any such modification,
you agree to the latest version of the Terms and Conditions. However, any changes to the
“RESOLUTION OF DISPUTES – BINDING ARBITRATION” section herein will not apply to any
disputes for which the parties have actual notice on or prior to the date the change takes
effect.
If any revision to the Agreement is unacceptable to you, you may terminate your subscription
to the Service as provided in the TERMINATION section herein. Further, if you violate any of
the terms and conditions contained within the Agreement, Cincinnati Bell may terminate
and/or suspend your access to the Service without notice.
APPLICATION FOR SERVICE
The Subscriber shall submit a written application for cable service for each location where
service is desired on forms provided by Cincinnati Bell.
ACCOUNT
Upon acceptance of your application for service (which application may include a credit
check) and receipt of any applicable deposit(s), you will become a subscriber to the Service.
By registering as a subscriber to the Service, you will receive an account (“
Account
”) with
a user ID and will be required to select a password.
Your Account is for residential use
only.
You are solely and legally responsible for all activities conducted through your Account
and any sub-accounts or user names under your Account, and agree that you will only use
the Service for lawful purposes. You may permit another individual, including a minor, in
your household to use your Account subject to your supervision, in which case you will retain
all legal responsibility for the Account.
Finally, you agree to provide accurate and complete registration information and to update
this information when it changes. Failure to provide such accurate, complete and updated
information shall constitute a breach of this Agreement and unauthorized access to the
Service, and may result in immediate termination of your Account and subject you to civil
and/or criminal liabilities.
PARENTAL CONSENT REQUIRED; USE OF SERVICE BY PERSONS YOUNGER THAN 18
The Service is marketed to be purchased by adults, or with the consent of persons 18 or
older. From time to time, parents and guardians may permit their children under 18 to use
the Service. However, Cincinnati Bell does not knowingly allow anyone under 18 to provide
any personally identifiable information, and Cincinnati Bell does not knowingly collect
personally identifiable information from, anyone under 18 via the Service. Furthermore,
the law would require us to obtain verifiable parental consent before knowingly collecting
any personally identifiable information from children under the age of 13. While Cincinnati
Bell does not collect personally identifiable information from children under the age of 13,
all minors should obtain permission from a parent or guardian before sending personal
information via the Service. Any violation of this provision may constitute a breach of the
Agreement and Cincinnati Bell, it its sole discretion, may suspend or terminate your access
to the Service without notice.
ACKNOWLEDGMENET OF INTELLECTUAL PROPERTY RIGHTS IN CONTENT
The Service permits access to content (“Content”) that is or may be protected by copyrights,
trademarks, patents or other proprietary rights (including intellectual property) (“Rights”)
owned by Cincinnati Bell and other third parties. By utilizing the Service, you acknowledge:
ፘ
these Rights are valid and protected in all media existing now or later developed; and
ፘ
except as is explicitly provided otherwise, applicable copyright and other intellectual
property laws shall govern your use of Content; provided, however, that such use does not
grant you a license under any of the Rights in the Content described herein.
All such Rights are retained by Cincinnati Bell and its affiliates, and/or any third party
owner of such Rights. Further, you agree that you may upload software files, message
boards or otherwise transmit only Content that is not encrypted; Content that is not subject
to any Rights; and/or Content for which any holder of Rights has given express authorization
for its distribution.
COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998
You agree to fully comply with copyright law and all provisions of the Digital Millennium
Copyright Act of 1998 (the “
DMCA
”) and to fully cooperate with Cincinnati Bell in its efforts
to comply with the DMCA. Cincinnati Bell may investigate any reported violation of its
policies or complaints of infringement relating to your use of the Service and take any action
that it deems appropriate. Such action may include, but is not limited to, issuing warnings,
and suspension or termination of your Account and access to the Service. In the event that
you believe that any third party has infringed on any copyrighted material of yours, you
shall provide Cincinnati Bell with notice in compliance with the provisions of the DMCA.
See our informational webpage “File a Notice of Claimed Copyright Infringement” available
at: http://www.cincinnatibell.com/customer_support/policies/dmca/. Furthermore, you
agree that Cincinnati Bell shall have no liability until such time as such notice has been
actually received. If Cincinnati Bell receives a valid notice that your use constitutes alleged
infringement, Cincinnati Bell will take action consistent with the requirements of the DCMA,
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