Power to Learn - Products and Services Internet Service Agreement

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Power to Learn Internet Service Agreement

WHEREAS, Customer acknowledges that it is a public, private or parochial, primary or secondary (K-12) school accredited by the state within which the school is located or a public or private library and;

WHEREAS, Customer acknowledges that the equipment, hardware, software and Products and Services offered hereunder are provided to Customer under a unique rate structure and based upon Customer's non-commercial, public educational needs and uses;

NOW THEREFORE, the parties agree as follows:

Definitions
1. Customer. School or library responsible for compliance with the terms and conditions set forth in this Agreement.
2. User. Each member of your school or library and any other individual who uses the Computer and Power to Learn Internet Service irrespective of the individual whose name the account is in or who owns, rents or uses the premises on which the Computer is located.
3. Computer. An electronic device that can store, receive and process data and which has the minimum requirements necessary to operate Power to Learn Internet Services as outlined in the informational literature provided by Cablevision for Power to Learn Internet Services.
4. Equipment. All equipment owned by Cablevision delivered to and installed in Customer's school or library including but not limited to all cable wire, hardware and certain software necessary to receive Power to Learn Internet Services.
5. Modem. A device that converts and transmits computer data over cable lines.
6. Router. A device that forwards data along a network and is connected to at least two networks.
7. Power to Learn Internet Service. An electronic, two way online information and communication service of Cablevision (which includes proprietary products of Optimum Online and Power to Learn as well as internet access), which is delivered over the cable system and accessed by Customer's computer(s) via a cable modem.
Services Provided
1. Customers are provided with bi-directional access to the Internet, delivered via the Hybrid Fiber Coax (HFC) Network which is owned and operated by Cablevision. A DOCSIS compliant cable modem is utilized to give you a high-speed, "always on" connection to the Internet.
2. Customer agrees to subscribe to and receive the Power to Learn Internet Service along with any additional add-on products/services as indicated in Attachment 1 attached hereto and made part hereof.
3. Cablevision provides Power to Learn Internet Access customers with a burstable service, which does not guarantee sustained bandwidth for any individual cable modem for any specified length of time.
Payment of Cablevision Charges
Customer will be billed monthly in advance for services to be received, plus pro-rata charges, if any, for periods not previously billed. Customer agrees to pay the monthly rates, install charges and other fees, including applicable fees and taxes, for Power to Learn Internet Service established from time to time by Cablevision. Customer must pay all undisputed charges as itemized on the Cablevision monthly invoice and notify Cablevision of disputed items within thirty (30) days of receipt, or longer as provided by applicable law. Failure to pay charges invoiced (including checks returned for insufficient funds) may result in discontinuance of service, the removal of all Equipment and the imposition of a late payment or service charge. Rates for the installation of Equipment, if applicable, and rates for all related services hereunder are subject to change in accordance with applicable law.

Standard installation is included in set-up fees. However, additional fees may apply for instances, including but not limited to aerial or underground connection beyond standard installation guidelines. All additional fees will be quoted and agreed to in writing by both Customer and Cablevision prior to commencement of work. Deposits or partial advance payments may be required for work beyond standard installation and are not refundable once work has commenced. Customer is liable for all fees associated with custom work in excess of standard installation. Full payment is due upon completion of custom work before complete installation of service can occur.

Customer is liable for full amount of contracted services. Cablevision is not responsible for any funding approval decisions or rejections, including but not limited to E-rate. In addition, if Cablevision receives a Commitment Adjustment (COMAD) letter from the Universal Service Administrative Company (USAC), even beyond the contract term of this agreement, indicating that an E-rate payment previously made to Cablevision was in error (whether by applicant or USAC error), Customer is liable for the excess amount of services no longer covered by E-rate funding. Customer acknowledges and understands that in order to become or remain eligible for E-rate funding from the USAC, Customer must comply with the requirements and certifications under Children's Internet Protection Act (CIPA), the Neighborhood Children Internet Protection Act (NCIPA) and/or similar successor regulation, and any related children's internet laws as may be promulgated from time to time and all rules and regulations thereunder. Pursuant to these requirements, Customer must adopt and enforce an Internet Safety Policy, following public notice and meeting on such policy, that includes monitoring the online activities and Internet access by children and that implements technology protection measures that will filter or block Internet access to visual depictions that are obscene, contain child pornography or are harmful to minors. Such filter or blocking measures must be activated and in use at all times on each computer or communications device from which the Internet is accessible within the school(s). In the event that Customer is found to be in violation of CIPA, NCIPA or regulations thereunder, resulting in Customer's loss of E-rate funding or loses E-rate funding for any other reason, Customer shall reimburse or pay Cablevision, as the case may be in Cablevision's sole determination, for any and all such loss of E-rate funding within thirty (30) days after receiving written notice from Cablevision.
Customer's Computer Equipment
Customer acknowledges and agrees that it has the minimum Computer requirements necessary to operate the Power to Learn Internet Service as outlined in the educational informational literature provided by Power to Learn.
Disruption of Service
In no event shall Cablevision be liable for any failure or interruption of service resulting in part or entirely from circumstances beyond Cablevision's reasonable control. Subject to applicable law, credit shall be given for qualifying outages. In any event, if there is a known service interruption in excess of twenty-four (24) consecutive hours (or in excess of such lesser time period pursuant to state law), Cablevision, upon prompt notification of such failure or interruption from Customer, shall provide Customer with a pro-rata credit relating to such failure or interruption. Cablevision will not be liable for any incidental or consequential damages.
Cablevision Equipment
1. Repair. Cablevision will repair or replace defective Equipment on Customer's premises as long as such damage was not caused by misuse or other improper operations or handling by Customer. Cablevision is not responsible for the maintenance or repair of Customer's Computer, or related Customer-owned equipment, (i.e., NAT Gateway Box). The Customer is responsible for installation, compatibility, maintenance, and service of such hardware and/or software, and if the Customer is unable to use Cablevision's Products and/or Services, as a result of installation or attempted installation of said software and/or hardware, the Customer will nevertheless remain liable for its customary and regular payments to Cablevision. Upon notice from Cablevision that hardware or software not provided by Cablevision is causing or, in the sole opinion of Cablevision, is likely to cause hazard, interference or service obstruction to anyone, Customer shall eliminate the hazard, interference or service obstruction immediately. Cablevision reserves the right to terminate Service in the event Customer's hardware and/or software is interfering with other customers or with Cablevision's network.
  
  Additionally Customer hereby certifies that it has utilized best efforts to ensure that all Equipment is well -protected and Customer has instituted use of a surge protector for protection of such Equipment. Failure to use a surge protector will invalidate Cablevision's responsibility to repair or replace defective Equipment and result in additional fees for Customer.
  
  Cablevision shall have the right to presume misuse or other improper operations or handling by Customer in the event Customer requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement.
2. Technical Support and Service Charges. Cablevision will have available technical support services, which will be available by telephone, between the hours of 7:30am and 4:00pm, Monday through Friday, excluding legal holidays. Cablevision shall provide trained and qualified technical support personnel in order to respond to Customer inquiries.
  
  Customer acknowledges that technical support is only provided to the demarcation of the package selected (e.g., modem or Cablevision issued router). Technical support beyond demarcation, a problem with customer-owned equipment or software, assisting integrators or a problem caused by an act by a customer will be subject to additional fees. In such cases, Customer will pay for any phone or in-person technical support provided for issues ultimately deemed to be responsibility of the Customer. A service charge may also be imposed upon the dispatch of a technician, if there is damage to Cablevision's Equipment due to negligent use or abuse or if no fault is discovered in Cablevision's system or Equipment. Cablevision makes no warranties with respect to the Equipment or Modem's compatibility with the Customer's Computer. Service charges will be billed to Customer at Cablevision's generally available rates as may change from time to time.
Relocating Equipment
Cablevision's system is highly sophisticated and sensitive and Customer acknowledges that any "break" in the integrity of the cable system will subject the system to "ingress" of radio signals, which will disrupt Customer's service and may affect that of others. Cable modems are not "portable" and are not permitted to operate at any location other than the address that appears on the Customer's account. Accordingly, Customer agrees that you will not relocate, move or in any way tamper with the Power to Learn Internet Service. It is the Customer's responsibility to notify Cablevision of any activities (e.g., construction, maintenance, relocation) that could interrupt existing service. Notwithstanding the foregoing, upon receipt of a request by Customer of at least 30 days, Cablevision shall relocate the Power to Learn Internet Service for Customer within Customer's school or library at a time mutually agreed to by Cablevision. Customer will be responsible for all the costs associated with the relocation of Products and Services. Customer must continue to pay all applicable charges during period of any such activity. If the Customer moves outside of Cablevision's service area, Customer shall notify Cablevision that this Agreement shall be terminated and the provisions of Section 14 shall apply to such termination. In all cases, Customer shall notify Cablevision pursuant to Section 8 below.
Contact Address
For any inquiries or notices required in connection with this Agreement, Customer shall contact Cablevision by writing to:

CSC Holdings, Inc.
Cablevision Education Department - Power to Learn
1111 Stewart Avenue
Bethpage, New York 11714
or alternatively by calling Power to Learn at (516) 803-2727
Customer Property
Cablevision assumes no liability for the condition or repair of any Customer-owned hardware or software. Customer is responsible for the repair and maintenance of all such Customer hardware and software. Cablevision shall have no liability whatsoever for any damage to or loss or destruction of any of the Customer's software, files, data, or peripherals. Cablevision may run a third party virus check software on the Customer's Computer prior to installing software on the Customer's Computer. Cablevision does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses.
Taxes
Customer agrees to pay any local, state or federal taxes imposed or levied on or with respect to Power to Learn Internet Service or the Services, the Equipment or installation or service charges incurred with respect to the same.
Cablevision's Rights
1. Cablevision has no obligation to monitor Power to Learn Internet Service content. However, Customer acknowledges and agrees that Cablevision has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Power to Learn Internet Service to protect itself or its Customers.
2. Cablevision shall have the right to determine, in its sole discretion, what constitutes an inappropriate use of the Power to Learn Internet Service hereunder.
3. Cablevision reserves the right to monitor usage of the network and to enforce guidelines agreed to by Customer as detailed in the Customer's subscribed package attached hereto and made part hereof as Attachments and the Acceptable Use Policy attached hereto and made part hereof as Exhibit A. Any abuse or misuse of the package may be subject to additional fees, payment of fees for violations from prior periods and termination of service.
Access to Customer Premises
Customer agrees to provide Cablevision and its suppliers of communication services and equipment, reasonable access to the Customer's premises to perform any acts required by this agreement, including but not limited to, the installation, maintenance, inspection, repair and/or removal of Cablevision's Equipment and the Power to Learn Internet Service, as applicable. All such service shall be conducted at a time mutually agreed to by Cablevision and Customer.
Assignment or Transfer
The Agreement and the Equipment supplied by Cablevision are not assignable or otherwise transferable by Customer.
Term/Termination and Expiration
1. Termination by Customer. Customer may terminate this Agreement at any time but must give Cablevision notification in writing at least three (3) months prior to the termination date. Customer will assume responsibility for pro-rated charges through the termination date included, but not limited to, any and all non-reimbursed E-rate funding.
2. Termination for Breach. In the event of any breach of this Agreement by Customer, or the failure of Customer to abide by the rates, rules and regulations of Cablevision, this Agreement may be, at Cablevision's option, terminated and Cablevision's Equipment removed. Customer shall pay reasonable collection and/or attorney's fees to Cablevision in the event that Cablevision shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
3. Termination for Bankruptcy. Cablevision shall have the right to terminate this Agreement immediately in the event that Customer makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Customer under any law having for its purpose the adjudication of Customer as a bankrupt or the reorganization of Customer.
4. Obligations Upon Termination. The Customer agrees that upon termination of this Agreement:
  1. Subject to 14(a), Customer will pay Cablevision in full for the Customer's use of the Equipment and Power to Learn Internet Service up to the later of the effective date of termination of this Agreement and the date on which the Power to Learn Internet Service has been disconnected. Customer agrees to pay Cablevision on a pro-rated basis for any use by Customer of the Power to Learn Internet Service for a part of a month;
  2. Upon termination of agreement, Customer will contact Cablevision to work out a mutually convenient time for Cablevision to pickup all Equipment. It is the responsibility of the Customer to ensure a plan to return the equipment to Cablevision is established within ten (10) days of the termination of this Agreement. If Customer fails to do so, Customer shall be liable to Cablevision for the actual cost of such Equipment. Failure of Cablevision to remove such Equipment shall not be deemed abandonment thereof.
5. The termination of this Agreement for reasons other than Customer's bankruptcy shall not affect Customer's Cablevision television service, if any.
Renewal after Cancellation or Termination
Customer acknowledges and agrees that in the event of renewal after cancellation or termination of Power to Learn Internet Service, Customer shall be subject to the pricing, warranties, and terms of Power to Learn Internet Service as are effective at the time of such renewal.
Change In Power to Learn Internet Service
The Power to Learn Internet Service provided hereunder is subject to change in accordance with applicable law.
Disclaimer
Power to Learn Internet Service provides a platform for internet access, intranet and extranet connectivity solutions and networked applications as well as access to certain proprietary products of the Power to Learn Internet Service. Cablevision assumes no liability for and exercises no control over the content contained on the Internet and other Services, including content that is pornographic, obscene or otherwise inappropriate or offensive. Further, Cablevision shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Power to Learn Internet Service, or the Services unless such products, merchandise or prizes are provided directly by Cablevision. Customer acknowledges that through access to the internet, Customer can transact other forms of electronic commerce and Customer may incur charges while using the Services or while engaging in other forms of "e-commerce" (i.e. charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings via the Services.) All such charges, including applicable taxes, shall be paid by Customer and are not the responsibility of Cablevision.

Power to Learn Internet Service utilizes a network that will allow bi-directional direct access to the Internet (i.e. Customers can directly access and respond to direct requests from Internet users outside of the Service network). The gateway is not intended to protect Customers from hackers gaining access to their Computer and as such, Customers should not rely on it to provide such functions. Cablevision shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to damage to the Customer or the Customer's Computer resulting from the actions of any third party including, without limitation, hackers or computer viruses.
Limitation of Liability
1. Customer expressly agrees that the use of Power to Learn Internet Services, software and Equipment, as well as the purchase, download, or use of any third-party product or service provided by or accessed through Power to Learn Internet Service, is at Customer's sole risk and Customer acknowledges that this service and these materials are provided "as is" and "as available" for Customer's use, without warranties of any kind, whether express or implied. Neither Cablevision nor any third-party provider of services or products makes any representations or warranties with respect to any product or service offered through the Power to Learn Internet Service or the Services, and Cablevision shall not be party to nor responsible for monitoring any transaction between Customer and third-party providers of products or services.
2. Unless otherwise specifically provided in this agreement, Cablevision will not be liable to Customer or to any third party for:
  1. any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with the use of the Power to Learn Internet Service by Customer or any other use of the Services including without limitation, any damage resulting from or arising out of Customer's reliance on or use of the Power to Learn Internet Service or the Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Power to Learn Internet Service or the Services; and
  2. 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 use of the Power to Learn Internet Service or the Services by the Customer or a third party infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. This limitation applies to the acts, omissions, negligence and gross negligence of Cablevision, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against Cablevision in contract, tort or any other legal doctrine.
Cablevision Shall not be Liable for:
1. Eavesdropping. Any information sent by Customer over the Power to Learn Internet Service network is sent at the Customer's sole risk, and Cablevision shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Customer.
2. Multiple Computer Connections. When Customer's Computer is connected to a cable Modem, it constitutes a "local" segment. All Customer's ethernet traffic on this local segment will be reflected by the cable Modem in an unencrypted form onto the cable network and be subject to eavesdropping, as previously described in section (a) above.
3. File and Print Sharing. Customer understands that users outside Customer's school or library may be able to access Customer's Computer. Further, some software includes capabilities that permit other users across a network such as Power to Learn Internet Service and the Internet to gain access to the Customer's Computer and to the software, files and data stored on the Computer.
4. FTP/HTTP Server Setup. Customer should also be aware that when using the Computer to access the Internet or any other on-line network or service via Power to Learn Internet Service, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other users and Internet users to gain access to Customer's Computer. If the Customer chooses to run such applications, Customer should take the appropriate security measures.
  
  Any Customer who, (i) chooses to participate in the Power to Learn Internet Services using other than a single, stand-alone Computer connected to the local segment, or (ii) chooses to enable capabilities such as file sharing, print sharing or other capabilities that allows users to gain access to Customer's Computer, hereby acknowledges and agrees that Customer does so at Customer's own risk.
Multiple Users
Use of the Power to Learn Internet Service by Customer and all persons utilizing Customer's Computers or network shall constitute acceptance of the terms of this Agreement. Customer shall be responsible for ensuring that all persons utilizing Customer's computers or network understand and comply with the terms and conditions of this Agreement. Customer acknowledges and agrees that Customer is 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 Power to Learn Internet Service or the Services.

Customer agrees to adhere to the usage guidelines set forth in the Attachments and the Acceptable Use Policy attached hereto as Exhibit A. Customer is responsible for aspects of networking the PC terminals in accordance with usage guidelines; this includes but is not limited to purchasing equipment, installation, provisioning and ongoing service and maintenance. Furthermore, customer assumes all risks associated with networking PC's, including but not limited to, data loss or damage to Customer's PCs, property damage and personal injury.
Prohibited Uses of Power to Learn Internet Service
Customer shall comply with all of Cablevision's standards for acceptable use with respect to the Power to Learn Internet Service and the Services and shall refrain from any and all illegal and/or inappropriate activities, including without limitation those outlined in the Acceptable Use Policy (AUP) attached hereto as Exhibit A. Power to Learn's Acceptable Use Policy will be updated from time to time and the latest version will supersede all prior versions. (The most updated Acceptable Use Policy can always be found on http://www.powertolearn.com). In addition to the prohibitions outlined in the Acceptable Use Policy, Power to Learn Internet Service users may not:
1. Resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Cablevision.
2. Copy, distribute or sublicense any software provided by Cablevision.
3. Use cable modem service to provide service to multiple locations or a WAN.
License Requirements
Customer agrees to comply with all end user license requirements relative to any of the Services which Customer accesses pursuant to the terms of this Agreement.
Security
Cablevision reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes but is not limited to: port blocking, email virus scanning, denying email from certain domains, putting limits on bandwidth and email, take-down of certain content and/or termination where appropriate.

Customer is solely responsible for any misuse of the Power to Learn Internet Service or the Services, as well as for the security of any device you choose to connect to the Power to Learn Internet Service, including any data stored on that device, as detailed more fully in the Acceptable Use Policy.
Inappropriate Content
There may be content on the Internet or otherwise available through the Power to Learn Internet Service or the Services 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 which is pornographic or offensive, particularly for children. Cablevision assumes no responsibility for the content contained on the Internet or otherwise available through the Power to Learn Internet Service or the Services. Customer assumes the risk of accessing content through the Power to Learn Internet Service, and Cablevision shall have no liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Schools or Libraries may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints must be addressed to the content provider.

Customer is solely responsible for any information, which Customer publishes on the web or other Internet services. Customer must ensure that the recipient of the content is appropriate. For example, Customer must take appropriate precautions to prevent minors from receiving inappropriate content. Cablevision and its distribution affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Cablevision shall have no obligation to monitor transmissions made on the Power to Learn Internet Service or the Services. However, Cablevision and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with this Agreement.

By using the Power to Learn Internet Service or the Services to publish, transmit or distribute content, a Customer is warranting that the content complies with this Agreement and authorizes Cablevision and its distribution affiliates to reproduce, publish, distribute, and display such content worldwide.
Violation of Acceptable Use Policy / Terms of Service
Cablevision does not routinely monitor the activity of accounts for violation of this Policy. However, in Cablevision's efforts to promote good citizenship within the Internet community, Cablevision will respond appropriately if we become aware of inappropriate use of the Power to Learn Internet Service.

Neither Cablevision nor any of its distribution affiliates has any obligation to monitor transmissions made on the Power to Learn Internet Service or the Services. However, Cablevision and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with these terms and conditions.

Cablevision prefers to advise Customers on inappropriate behavior and any necessary corrective action. However, if the Power to Learn Internet Access or the Services are used in a way, which Cablevision, in its sole discretion, believes violates this Agreement, Cablevision may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Power to Learn Internet Service.

Cablevision shall not be liable for any such responsive actions. The above-described actions are not Cablevision exclusive remedies and Cablevision may take any other legal or technical action it deems appropriate.

Cablevision reserves the right to investigate suspected violations of this Agreement, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Cablevision's servers and network. During an investigation, Cablevision may suspend the account or accounts involved and/or remove material which potentially violates this Agreement.

Customer hereby authorizes Cablevision and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Cablevision providing the Customer's name, IP address, or other identifying information about a Customer.

Upon termination of an account, Cablevision is authorized to delete any files, programs, data and email messages associated with such account.

The failure of Cablevision to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Customer agrees that if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
Bandwidth, Data Storage and Other Limitations
1. Customer agrees to comply with Cablevision's bandwidth, data storage and other limitations of Power to Learn Internet Service as established and modified by Cablevision from time to time. Customer agrees that its activity will not improperly restrict, inhibit, or degrade any other user's use of the Power to Learn Internet Service, nor represent, in the sole judgment of Cablevision, an unusually large burden (e.g. maintaining a high amount of bandwidth usage over an extended period of time) on the network itself. In addition, Customer agrees that its activity will not improperly restrict, inhibit, disrupt, degrade or impede Cablevision's ability to deliver and monitor the Power to Learn Internet Service, backbone, network nodes, and/or other network services. Cablevision reserves the right to cap Customer's bandwidth usage, as it deems appropriate, in order to alleviate any burden on the network caused by Customer's activity.
2. By signing this contract, Customer agrees to adhere to the usage guidelines ascribed to the package indicated on this contract as detailed on the Service Specifications worksheet attached hereto and made part hereof as Attachments. Any abuse or misuse of the package may be subject to additional fees, including but not limited to payment of fees for violations from prior periods, or termination of service. Cablevision reserves the right to monitor usage and/or impose restrictions on the network necessary to enforce usage guidelines, including but not limited to imposing bandwidth restrictions. If Customer usage needs change, Customer is required to contact Cablevision. Customer will be eligible to change packages to a higher level package immediately upon payment of any additional fees, as appropriate, for Customer's intended usage. If Customer is looking to downgrade service, the downgrade may take up to 3 months before the lower rates, if any, take effect.
Installation
1. Cablevision does not represent, warrant, or covenant that installation modifications, including installing network cards or similar computer equipment, and modification of computer files such as, INI, BAT, SYS, .DLL and other system configuration files will not disrupt the normal operations of the Customer's Computer. Cablevision shall have no liability whatsoever for any damage resulting from the above or other file modifications.
2. Upon Customer's request, Cablevision or its agents will install certain software, an extra cable outlet (if necessary), a cable Modem and NIC card if required. If installed by Cablevision, Cablevision shall use reasonable efforts to install the Power to Learn Internet Service to a fully operational status on Customers stand alone PC terminal. In the event Customer has chosen the networking PC Terminal option, Cablevision will demonstrate the operational status of the Power to Learn Internet Service on a Cablevision test terminal.
3. All installation services performed by Cablevision shall be subject to Cablevision's applicable service charges.
4. Customer will incur a fee of $100 for any installation cancelled because Customer has not fulfilled the technical specifications and requirements for the Power to Learn Internet Service or has cancelled said appointment less than twenty-four (24) hours prior to appointment.
Force Majeure
Cablevision shall not be liable if it is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of Cablevision.
Amendment
Cablevision may change, modify, add or remove products or services offered under this Agreement at any time. In such cases, Cablevision shall notify Customer in writing at least 30 days prior to making any such change. The Customer's continued use of the Power to Learn Internet Service and/or any of the products or services offered under this Agreement following notice of such change, modification or amendment shall be deemed to be the Customer's acceptance of any such modification. If Customer does not agree to the modification, Customer must notify Cablevision within 30 days in writing of its decision to terminate this Agreement.

This Agreement along with Attachments and Exhibits represents the entire understanding between the parties hereto with respect to the subject matter hereof. All prior negotiations, representations, agreements and understandings are hereby superseded. This Agreement cannot be changed, waived, modified or amended except by means of a written document signed by an authorized representative of each party hereto.