Terms and Conditions

 

NELSON CABLE, INC. PRIVACY POLICY


Pursuant to Section 631 of the Cable Communications Policy Act of 1984 (the “Cable Act”), Nelson Cable, Inc. s required to inform new and current subscribers of our privacy policy.

Nelson Cable only collects information necessary to provide service to the subscriber or to monitor quality and reception of cable and cable modem signals. This includes name and address, telephone number, account number, billing and collection information, service and installation records, subscriber correspondence, the services rendered by the subscriber, maintenance, service and installation information, and marketing data. Subscriber must be of legal age in order to enter into Subscriber Agreement.

By downloading, installing, and using the Scout IPTV App, you understand and consent to allow us to collect information that allows us to improve the quality of our products and services, and therefore your customer experience. Specifically, by such election, you consent to our collection of information through the use of additional software which is downloaded to your device within the Scout IPTV App. This additional software captures the following pertaining to your use of Scout IPTV App and other applications on your device: Application(s) running history and data usage, Identity (network and/or manufacturer identifier) of your device (as may be available) .  If
location services are enabled on your device, the application will provide us the approximate or precise location of your Device (as may be available); we store location data in an aggregated manner to use for network planning and performance improvement. If you do not want the application to gather your location, you can disable location services in your mobile device (which affects all applications), disable location services for the Scout IPTV App in your device if disabling location for a specific application is enabled by your Device operating system or uninstall the Scout IPTV App. Wi-Fi and cellular network information, such as your mobile operator, ISP, and IP address.         
Data usage on Wi-Fi, cellular, and respective network performance information such as throughput, latency, and signal strength.

Collected information is made available to Nelson Cable employees, accountants, billing and collection agencies, installation subcontractors, and program service providers.
Information is on a “need to know basis” and only retained as long as required for financial and tax accounting purposes, and required by local, state and federal law.

Disclosure of personally identifiable information may also be required by court order directed to Nelson Cable.

A subscriber has the right to contest government agency claims to such information; and to review all such information at Nelson Cable office during regular business hours, given reasonable notice to our office by either phone or letter, and to correct any errors in the information. Should you have questions concerning the rights and
obligations of Nelson Cable or your rights under the Cable Act, you may contact our office during normal business hours. Our office is located at 2771-A Rockfish Valley Highway, Nellysford, VA22958.  Our hours are Monday thru Friday 9:00am—4:00pm.  Our telephone number is 434-263-4805.

Scout
IPTV Application:

By downloading or using the Scout IPTV application (“Scout TV App”, or “STVA”) you accept (in other words, make legally binding) these Terms and Conditions and the Nelson Cable Inc. Privacy Policy, and confirm your prior acceptance of the other Nelson Cable, Inc. agreements to which they refer (see below). These Terms and Conditions are solely between you and Nelson Cable, Inc. You may be subject to other agreements that govern your use of 3rd party products and services.

You represent that you are of legal age to agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Scout IPTV App. You
understand that your download and use of the Scout IPTV App in turn involves the use, operation, and license of certain third party website or application, and your access to and use of that Service will be subject to additional terms and limitations specific to that Service.

Your use of the Scout IPTV App is subject to a number of restrictions, which include the following:

• You must be a Nelson Cable, Inc. subscriber in good standing, with a video package of Basic or higher to use the Scout IPTV App;

• You may only use the Scout IPTV App for personal, non-commercial use;

• You may not share your access to the Scout IPTV App with any third parties, other than household members and household guests; and

• You must secure your home wireless network.

Usage Rights and Restrictions

The Scout IPTV App may be installed on any device that you own or that is in your possession and control, subject to the "Usage Rules" that are set forth in 3rd party App Store Terms of Service. By downloading the Scout IPTV App, you are agreeing that you will use the download only to run the Scout IPTV App on a device that you own or control, and only as authorized by these Terms and Conditions. You may not examine or manipulate the software code underlying the Scout IPTV App and you have no rights in that code other than the use right described in the preceding sentence.

By using the SCOUT IPTV App, you confirm that you are a Nelson Cable, Inc. subscriber and that you are bound by and in compliance with Nelson Cable, Inc.’s residential terms and conditions applicable to the Nelson Cable, Inc. services to which you subscribe accessible on Nelson Cable Inc.'s public websites ( collectively, the "Subscriber Agreement"), and also any third-party agreements that may apply to your use of the Scout IPTV App. The Subscriber Agreement's terms (including any usage restrictions, disclaimers and limitations on liability) apply to your use of the Scout IPTV App as if the agreement were set out in full in these Terms and Conditions.

We may, at any time and without notice, modify or discontinue all or part of the Scout TV App, its content, related charges or fees required to use the Scout IPTV App, and we may offer special opportunities to some or all Scout IPTV App users, subject to applicable law.

You are permitted to use the Scout  IPTV App only to request and view the content that we provide for this purpose and that you are entitled to access ("STVA Content"), and you may not circumvent or otherwise interfere with any authentication or access restrictions that we have implemented with respect to the Scout IPTV App or STVA Content.
You may not copy, publicly perform or retransmit the STVA Content.

Without limitation, the following restrictions also apply to your use of the Scout IPTV App:

You shall not distribute or make the Scout IPTV App available over a network where it could be used by unauthorized parties or otherwise downloaded/distributed to
any device without our knowledge or authorization.

You shall not: (i) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Scout IPTV App, or any part thereof; (ii) reverse engineer, decompile, translate, adapt, disassemble or otherwise reduce the Scout IPTV App to human readable form; (iii) attempt to create the source code from the object code for Scout IPTV App; (iv) transmit the Scout IPTV App over any network or between any unauthorized devices; (v) make or convert any third party software contained in the Scout  IPTV App into a stand-alone product; (vi) take any action that will infringe upon or misappropriate the intellectual property or other proprietary rights of Nelson Cable, its affiliates, or any third party; or (vii) sublicense, rent, lease, or assign the Scout IPTV App. You may transfer the Scout IPTV App to other devices you own or license or that are under your lawful control as long as you only use it on only devices authorized by us.

You shall not remove any proprietary notices, marks, or labels on the Scout IPTV App.

You shall not export, import, or re-export the Scout IPTV App in violation of any applicable law, rule, or regulation of any jurisdiction.

You will only use the Scout  IPTV App in a manner that complies with all applicable laws in the jurisdictions in which you use the Scout IPTV App, including but not limited to applicable restrictions concerning copyright and other intellectual property rights.

You shall not use the Scout IPTV App in an attempt to circumvent or in conjunction with any device, program, or service designed to circumvent, technological
measures employed to control access to, use of, or the rights in, a content file, service, or other work protected by the copyright laws of any jurisdiction.

You are solely responsible for monitoring the viewership and usage of Scout IPTV App.

You are solely responsible for securing any Wi Fi connectivity/access to your Internet service by means of a password or other reliable means. As such you are solely responsible for any conduct undertaken by means of access to our Internet services (including without limitation the Scout IPTV App) by any party, whether or not such access is initiated by a member of your household, a user authorized by you, or other person through any Wi Fi access/connectivity, and any loss, damage, or other liability arising therefrom.

Nelson Cable shall have no obligation to furnish any maintenance or support services with respect to the Scout IPTV App or the STVA Content.

Customer Experience Improvement: By downloading, installing, and using the Scout IPTV App, you understand and consent to allow us to collect information that allows
us to improve the quality of our products and services, and therefore your customer experience. Specifically, by such election, you consent to our collection of information through the use of additional software which is downloaded to your device within the Scout IPTV App. This additional software captures the following pertaining to your use of Scout IPTV App and other applications on your device: Application(s) running history and data usage, Identity (network and/or manufacturer identifier) of your device (as may be available).If location services are enabled on your device, the application will provide us the approximate or precise location of your Device (as may be available); we
store location data in an aggregated manner to use for network planning and performance improvement. If you do not want the application to gather your location, you can disable location services in your mobile device (which affects all applications), disable location services for the Scout IPTV App in your device if disabling location for a specific application is enabled by your Device operating system or uninstall the Scout IPTV App. Wi-Fi and cellular network information, such as your mobile operator, ISP, and IP address,  Data usage on Wi-Fi, cellular, and respective network performance information such as throughput, latency, and signal strength.

Subscriber acknowledges that modems purchased from a third party, and/or broadband service  from a third party may not have the capability of delivering the purchased Internet Service speed or have the capability of rendering Internet Service without interruption or degradation, which may affect STVA Content deliverability.. Monthly charges will not be reduced or otherwise discounted if the Subscriber elects to use a third party modem and/or broadband provider.

Username and Password: We reserve the right to reject any username or password you request in our sole discretion. You are responsible for maintaining the confidentiality of any username or password we provide to you, and you agree not to transfer such password or username, or lend or otherwise transfer your right to use or access
the Scout IPTV App, to any third party.

You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security related to your account, your username
or the Scout IPTV App. If someone else acquires this information (through no fault of ours), we may assume that you have authorized that person's use of the
information.

Suspension or Termination of Rights:  We may suspend, restrict or terminate your access to or use of the Scout IPTV App at any time and for any reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of any of the Terms of Service, or if we believe that your Scout IPTV username, password, or home network has been accessed by a third party). The rights granted to you to use the Scout IPTV App and the STVA Content will terminate immediately upon the expiration or termination of the Terms of Service, or upon your breach of any of the Terms of Service. We reserve the right to take any steps that we believe are necessary or
appropriate to enforce and/or verify your compliance with the Terms of Service.

NELSON CABLE MAKES NO AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SCOUT TV APP INCLUDING WITHOUT LIMITATIONS WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT, WILL NOT BE RESPONSIBLE FOR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE SCOUT IPTV APP TO CONFORM TO ANY WARRANTY. IN THE EVENT OF ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE SCOUT IPTV APP, OR TO YOUR POSSESSION OR USE OF THE SCOUT  IPTV APP, YOU AGREE THAT NEITHER NELSON CABLE
NOR YOUR DEVICE MANUFACTURER SHALL HAVE ANY RESPONSIBILITY FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF SUCH CLAIMS, INCLUDING (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SCOUT IPTV APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION; AND (IV) INTELLECTUAL PROPERTY CLAIMS.

By accessing, downloading or using the Scout IPTV App, you represent and warrant that you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

If a court or similar body determines that a portion of these Terms of Service is invalid or unenforceable, the remaining Terms of Service shall stand, and the invalid or unenforceable portion should be interpreted as closely as possible (consistent with the law in your area) so as to reflect the intention of the original. Except with our consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by or your obligation to comply with these Terms of Service.

These Terms and Conditions are not intended to benefit (in other words, to create any rights or obligations for) anyone other than you and us. Upon your acceptance
of these terms, we will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary of these Terms and Conditions.

SUBSCRIBER AGREEMENT CABLE TELEVISION SERVICE

By subscribing to the service, Subscriber agrees to the following Terms and Conditions:

Subscriber acknowledges that he is subscribing to the services specified on the Service Application to be received on the receiving equipment being connected by Company.  Subscriber will notify Company if there is a change or modification of receiving equipment or for any reason receives CATV /IPTV service not subscribed to on this agreement of addendum thereto.  Subscriber stipulates the minimum value of such unauthorized reception to be $500.00. 

Subscriber shall not have more than one CATV/IPTV set to each outlet without the knowledge and written approval of Company.  The subscriber shall safeguard and not
disturb or allow any unauthorized person to perform any work on any part of the cable system which is on or adjacent to his premises.  In the event the subscriber or others under subscriber control have altered cable system, or tampered with a security seal, a minimum service charge of $89.00 may be assessed to subscriber.  Company may immediately terminate Subscriber’s Service and this Agreement if Subscriber or a user of Subscriber’s Service breaches this Agreement.  Company reserves the right in its sole discretion to terminate Subscriber’s Service and this Agreement at any time or to suspend (with or without notice) or terminate access to or use the Service in whole or in part.

Subscriber warrants to have complete authority to have installation and maintenance performed on the property shown on the face of this form and shall fully indemnify and exonerate Nelson Cable, hereinafter referred to as Company, for loss or damage of any kind sustained by it by reason of such authority.

Subscriber hereby grants to Company, its successors, assigns, lessees and agents, a right of way agreement along any two (2) of the property lines for its system plus the necessary route from the heretofore described right of way easement to subscriber’s dwelling and Company shall, at all reasonable times, have the right to enter the
property for purposes of installation, inspection, audit, repair, maintenance, and to control and maintain trees and shrubbery and to keep the easement clear
of obstacles which may interfere with or endanger the safety or use of said system.  Subscriber shall notify Miss Utility (Call 811 or 1-800-552-7001), or online at www.va811.com,  at least 3 working days, excluding weekends and holidays, before digging or making alterations where the cable may become damaged.  Company will locate and mark underground cable at no charge.  Cutting right-of-way for aerial or underground drop-cable, repair, or replacement from distribution line tap to subscriber’s receiving equipment will be made at subscriber’s expense.

When Company connects to subscriber’s TV pre-wiring, when the pre-wiring has not been installed in accordance with the National Electrical Safety Code and/or Company
specifications, Company does not attest to the safety or compatibility and makes no claim as to the suitability of such pre-wiring.

Company will not be responsible for lightning and/or surge damage. During electrical storms, subscriber should disconnect cable and electrical connections from receiving equipment to prevent damage.

Terms of Service (TOS)

  1. Pricing: Pricing is available on our website, www.nelsoncable.com, on Subscriber’s bill, or by contacting our Customer Service Department at (434) 263-4805. Prices and Service Levels are subject to change.

2. Term: There is no minimum Term of Service unless otherwise specified.

3.  Billing and Charges: Subscriber agrees to pay all charges, including taxes and fees, incurred by users of the Service at the rates in effect at the start of the billing period in which charges are incurred. Subscriber will be mailed a statement for making payments by mail, online at Company website, or at Company office in person. Statements are generated on or about the 20th of each month. Payments are due in advance by the first of the month. Company reserves the right to correct and charge under-billed amounts after a statement has been issued.

4. Payment Options: Company accepts payment by mail, online at Company website, by phone, or at Company office in person.  Company accepts money order, check, credit card, and debit card.  A $5.00 Phone Pay Fee may apply. All payments are to be in US currency.  Company does not accept Echecks. To ensure processing, Subscriber needs to provide coupon with payment, or, if Subscriber uses a bill pay service the account number needs to be included with the payment. Company offers an autopayment option where payments can be withdrawn from Subscriber bank account, credit, or debit card.  Subscriber needs to contact Company billing office and complete enrollment form prior to being enrolled in autopayment option.

5. Monthly Service Fees: Fees for the Service(s) ordered by the Subscriber shall begin on the activation dated and Monthly Recurring Charges (MRC) shall be pro-rated to
the first day of the following month. The date of service activation will serve as the anniversary date for any term commitment.

6. Upgrade Fees: Upgrades ordered during the billing month may be prorated. Future charges will appear as full MRC fees added to your bill.

7. Additional Service Fees: Additional services ordered during the billing month may be prorated. Future charges will appear as full MRC fees added to your bill.

8. One-Time Charge Fees (OTC): OTC fees, such as, but not limited to, prorated Service, setup, connection, reconnection, Name Change, administrative and late fees are
due and payable at the time they are incurred.

9.  Service Credits: Service credits will be issued to Subscriber account and shall be used to offset future billable service. Service credits shall not be issued as cash
back to the Subscriber nor are service credits transferrable to other account holders.

10.      Age, Account Set-Up, and Data: Subscriber represents that the Service will be installed solely in Subscriber’s residence or business. Subscriber represents that they are at least 18 years of age and able to enter into a contract. Subscriber agrees that they are responsible for verifying and maintaining the passwords and other identification information.

11.      Installation: Subscriber represents that there are no legal, contractual or similar restrictions on the installation of the equipment, drop, or interior wiring for the Service. Timeframes for installation are not guaranteed and may vary depending on the type of installation required and other factors. Subscriber acknowledges and agrees
that Company or its contractor will be required to access Subscriber’s premises to install and maintain the Service. For FTTP, to maintain ONT and fiber drop. By signing this agreement, scheduling the service or installation visit, and permitting Company or its contractor to enter property, Subscriber is authorizing Company and/or Company’s contractor to perform the above actions. EXCEPT FOR GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, AS DETERMINED BY COMPANY, COMPANY OR COMPANY’S CONTRACTOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLING, REPAIR, OR OTHER SERVICES, INCLUDING WITHOUT
LIMITATION, DAMAGE TO YOUR PROPERTY, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR DEVICES CONNECTED TO SERVICE.

12.      Company Owned Equipment:  Set Top Boxes and other property provided to subscriber shall remain the property of Company.  Subscriber agrees to pay for repair and
assumes risk of loss, theft, or damage prior to return by the subscriber and stipulates the minimum value of any such property to be $500.00.  Company has upgraded its transmission equipment and may require subscriber to have Company furnished set top box, an access card, and/or Smart IPTV app  in order for all cable channels to be received.  This set top box may be necessary even though subscriber may have a so-called “cable ready” TV set. Set top boxes offering audible accessible channel guide for the viewing impaired are available for digital programming by request. For more information, please contact our Customer Service Representatives at 434-263-4805. They are available Monday-Friday 9AM to 4PM.

13.      Termination by Subscriber and Downgrades: Subscriber may terminate this Agreement and discontinue its Service, at any time after Service is activated upon written or email notice to Company, subject to the payment of the fee for Service for the full billing cycle in which termination occurred. If Subscriber cancels Service prior to
installation, the Subscriber may be charged for services rendered through the date of notification and any termination fee. In the event that any installation cost was not paid at time of installation, any remaining unpaid installation cost will become due and payable in full upon the termination of this Agreement, as determined solely by the Company. Subscriber shall terminate this Agreement for Service in accordance with its terms; failure to do so may delay or prevent Company from knowing that a termination was intended.  Notice of cancellation or downgrade of service can be emailed to info@cyberwind.net, or mailed to Nelson Cable, PO Box 219, Nellysford, VA 22958. All Subscriber data remaining after the cancellation and final settlement will be destroyed for security and privacy reasons, unless required by law to keep the records for a certain period of time.


14.      Termination or Suspension by Company: Company may immediately terminate Subscriber’s Service and this Agreement if Subscriber or a user of Subscriber’s service breaches this Agreement. Company reserves the right in its sole discretion to terminate Subscriber’s Service and this Agreement at any time or to suspend (with or without notice) or terminate access to or use the Service in whole or in part. Company may terminate Service and this Agreement for the following actions: Impersonating any person or entity or forging anyone else’s digital or manual signature; and/or harassing, threatening, or otherwise verbally abusing employees or its agents.

15.      Post-Termination or Suspension Obligations: Notwithstanding any cancellation or termination of this Agreement or any part of Subscriber accounts, nor any suspension or termination of access to use of the Service, Subscriber will still remain responsible for all payments and other obligations under this Agreement, including the obligation to pay all charges that may be due as a result of or in conjunction with such cancellation, termination or suspension. Subscriber payments and other obligation
under this Agreement are not suspended or affected by a suspension of access to or use the Service, in whole or in part, due to a violation (actual threatened, or alleged) of this Agreement or of any law or legal obligation by Subscriber or user of Subscriber’s account.

16.      Reactivation: If Service is suspended or terminated, including failure of Subscriber’s bank to honor check(s), transfer funds, or for any other reason, in addition to payment of the past due amount(s), Company may require a deposit before reactivating Service. The amount of deposit will not exceed one year of monthly fees. If Subscriber fails to pay any amount on a subsequent bill, the unpaid amount will be deducted from the deposit. Deposits do not earn or accrue interest. If Service is suspended or terminated for any reason, including at Subscriber’s request or because of Subscriber’s failure to pay past due amounts, and Subscriber wants to reactivate the Service, Subscriber agrees to pay a reactivation fee in accordance with the then Company current rates. In addition, Subscriber must bring account up to date through the month of reactivation by making payment in full on any outstanding balance, fees, and other applicable charges.

17.      Refunds & Disputes: All services rendered by the Company are non refundable. This includes, but is not limited to, MRC fees, equipment, fees, and installation fees. Subscribers seeking more information or to resolve billing error are instructed to contact Company’s billing office located in the Valley Green Center, 2771-A Rockfish Valley
Highway, Nellysford, VA 22958, from 9AM to 3PM, Monday through Friday. Company will make available to Subscriber a billing ledger of Subscriber’s account showing charges, payments and credits. In the event a dispute remains unresolved Subscriber must follow up with a written explanation of the dispute within 45 days of the charge date. Company will not pay Subscriber interest on any overcharged amount later credited. Company may, but is not required to, accept partial payments from Subscriber. If partial payments are made, they will be applied to amounts, starting with the oldest outstanding amount. If Subscriber sends Company checks or money orders marked “payment in full” or otherwise labeled with a similar restrictive endorsement, Company can, but is not required to accept them, without losing the rights to collect all
amounts owed under this agreement.

18.      Non-Payment and Late Payment: Subscriber shall pay invoices when due. Subscriber may be charged a Late fee of $5.00 per month, or the maximum rate permitted by applicable law. If Company does not receive payment before the next statement issued, Company has the right to suspend service or terminate this Agreement without notice. Termination of the Agreement is due to Subscriber default. Nonpayment may result in a Termination Fee owed by Subscriber if the Minimum Service Term has not been satisfied. If any amount due under this Agreement is collected by or through an attorney, Subscriber shall pay all of the Company’s collection costs, including
attorney’s fees.

19.      Restrictions on the Use of the Service: Company reserves the right to immediately suspend Subscriber’s Service and Company may terminate this Agreement if Subscriber knowingly or otherwise engages in any prohibitive activity or use the Service in any way which is contrary to any Company policy. Subscriber does not own, nor have any rights, other than those expressly granted to Subscriber, in this Agreement.

20.   Prohibition on Resale: Reselling this service or making the Service available to anyone beyond your premises, in whole or in part, directly or indirectly is prohibited. The Service is intended for personal and/or commercial use in a manner that is consistent with the terms of this Agreement.

21.      Assignment of Account: We may sell, assign, pledge or transfer your account or an interest in your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to us in accordance with your statement.

22.      Credit Inquiries and Reporting: Subscriber authorizes Company to make inquiries and to receive information about Subscriber’s credit experience from others, including credit reporting agencies, enter this information to Subscriber’s file, and disclose this information to appropriate third parties for reasonable business purposes.
Subscriber understands and agrees that Company may report late payment(s) or nonpayment to credit reporting agencies.

23.      Identity Use: Subscriber agrees to use the Company logo, Company information, and related services in accordance with approved marketing guidelines. Company agrees not to use Subscriber name, logos, or information without prior written consent of Subscriber.

24.      Responsibility of Subscriber: Subscriber is responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, patron, employee, guest or anyone with access to Subscriber’s Service. Therefore, Subscriber must take steps to ensure that others do not use its service to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of Subscriber’s Service.

25.      Applicable Law: Proper venue for legal remedies shall be Nelson County, Virginia. This Agreement and all of the parties’ respective rights and duties, including, without limitation, claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort shall be governed by and construed in accordance with
Virginia State Law of the Uniform Commercial Code, whichever may be applicable, excluding conflicts of law’s provisions. Any cause of action brought by Subscriber, or by users of Subscriber’s account, with respect to the Service or this Agreement must be instituted within one year after the claim or cause of action has arisen or is barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and it is acknowledged that this is a services contract and not a contract for the sale of goods. Subscriber agrees to abide by all local, state, and federal laws pursuant to services delivered.

26.      Security: Subscriber agrees to take reasonable measures to protect the Security of its devices connected to the Service, including maintaining at its cost an up to date version of anti-virus and/or firewall software to protect device(s) from malicious code, programs or other internal components (such as a computer virus, computer worm, computer time bomb or other similar component). Subscriber expressly agrees that if a device under its control becomes infected and causes issues with Company services,
Company may immediately suspend Service until such time as device is sufficiently protected to prevent further prohibited activities. Subscriber will be fully liable for all monthly fees and other charges under this Agreement during any period of suspension. In all cases Subscriber is solely responsible for the security of any device connected to the Service, including any data stored or shared on that device.

27.      Use and Control of Information: Company does not distribute, loan, sell or otherwise share with other persons or entities user lists (subscriber account information that does not identify you by name, address or similar personally-identifiable information) as well as aggregate information. We will be free, in our reasonable good faith discretion and without notice, to provide subscriber and user information and records to (i) courts, (ii) law enforcement agencies, (iii) government agencies, or (iv) authorized
persons or entities involved in enforcing compliance with the law or prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity. In addition, Company may maintain and use internally such information and records. Information generated by or in connection with Company’s administration of the Service shall be and remain our exclusive property. Company may also from time to time provide online, fax, telephone, email, mail and other communications to our Subscribers and users on matters pertaining to the Service, its features or its use without compensation to them or reimbursement of costs for doing so, but shall do so reasonable and in good faith. Subscriber acknowledges that communications with Company, our representatives, and our contractors may be monitored or reviewed for quality control and other reasonable business purposes.

28.     Warranties and Limitations of Liability: SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. NEITHER COMPANY NOR ITS AGENTS, EMPLOYEES, SUPPLIERS OR CONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED; NOR DOES COMPANY OR ITS AGENTS, EMPLOYEES, SUPPLIERS, OR CONTRACTORS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR SECURE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY SHALL CREATE A WARRANTY; NOR SHALL SUBSCRIBER RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE COMPANY MAY PROVIDE SUBSCRIBER WITH ELECTRONIC
ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, COMPANY CANNOT AND DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION SUBSCRIBER OBTAINS THROUGH THE SERVICE. COMPANY SHALL HAVE NO LIABLILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM ANY ATTEMPT TO REMOVE ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE.

29.      Applicability and Exceptions: The foregoing exclusions or limitations apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Company, or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply where such exclusions are prohibited.

30.      Service Interruptions: Service Interruptions are to be expected when working on system, equipment failure, vandalism, accidents involving our cable, acts of God, power failure, or any other cause beyond Company’s reasonable control.  Subscriber rates are figured with an outage factor calculated in and no refund or credit
will be allowed for these anticipated outages.  In the event a channel is removed from service, we will make an effort to substitute similar programming. In the event of a Service interruption, Subscriber should call (434) 263-4805 to report any problem. Office hours are from 9AM to 4PM Monday through Friday. An After Hours Call Center is available for non-business hours. In the event no one is available, Subscriber should leave a message describing the problem, service address and contact phone
number.

31.       Third Party Beneficiaries: The provisions of this Agreement are for the benefit of the Subscriber, the Company and its respective contractors, including employees
and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. Other than expressly stated in this Agreement, this Agreement shall not be deemed to create any rights in third parties.

32.      Notices: Disclosures and other communications where notification by Company is related to this Agreement may be made by any reasonable means, including, but not limited to posting on Company’s website, www.nelsoncable.com, or email. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subscriber must promptly notify Company of any change in its email or postal address in writing.

33.      Construction and Delegation: Neither the course of conduct between parties nor trade practice shall act to modify the provisions of the Agreement. Company may authorize or allow its employees and contractors and other third parties to provide services necessary or related to making the Service available and to perform obligations and exercise our rights under this Agreement, and Company may collect payment on their behalf, if applicable. The provisions of any Sections of this Agreement, which by their nature should continue, shall survive any termination of this Agreement.

34.      Indemnity. Subscriber agrees to indemnify, defend and hold Company harmless against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising out of or related to any and all use of Subscriber’s account. This includes, without limitation, responsibility for all consequences of Subscriber (or that of any user of Subscriber’s account) violation of this or Agreement or placement on or over, or retrieval from or through, the Service of any software, file, information, communication or other content and all costs incurred by Company in enforcing this Agreement by Subscriber.

35.      Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party’s affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability
arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.

36.      Agreement Modification: Upon notice published on our Company website, www.nelsoncable.com, Company may at any time (and from time to time) modify this Agreement, including, without limitation, our pricing and billing terms. Company may,but is not required to notify Subscriber by any other means. If Subscriber does not agree to such changes or additions, then Subscriber must terminate this Agreement in accordance with the terms herein and stop using the Service prior to the effective date of such modification(s). Subscriber’s continued use of the Service after the effective date of such modification constitutes the acceptance of such modification(s).

37.      Service Modification: Company may discontinue, add to, or revise any or all aspects of the Service in Company’s sole discretion and without notice, including ancillary and support services. If Company undertakes any of these changes, Company will post modifications on the Company website and Company may, but is not required to, notify Subscriber by e-mail. If Subscriber does not agree with such changes, the Subscriber must cancel its subscription and stop using the Service prior to the effective date
of such changes. Subscriber’s use of the Service after the effective date of such change(s) or additions constitutes Subscriber’s acceptance of such changes.

38.      Acceptance: Acceptance of the Service Agreement incorporating the Terms of Service (TOS), and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described and completion of the ordering process.

The terms of this Agreement are subject to amendment by the Company as procedures and market conditions may dictate. Subscriber agrees that the terms of this Agreement as amended shall govern if Company provides subscriber with a written copy or makes available on its website, www.nelsoncable.com  of any amended forms of the Agreement and subscriber thereafter continues service.

Rev. 06.01.2020


Listed below is a list of our Fees & Rates Not all Fees and Rates apply to all subscribers.  Please contact our office for account specific information.  Fees and Rates subject to change.

 Fees

Account Activation $25.00                                                                                  

*Service Call On Site Tech Support $109.00 plus parts

Pick Up Equipment $ 45.00 minimum

*Phone Tech Support varies

Phone Pay Fee                                            $ 5.00

Reinstate Service Fee (Remotely)          $25.00

Returned Payment Fee                                $35.00

Late Fee                                                         $  5.00

Monthly Paper Statement Fee $ 5.00

*Customer Owned Devices/Wiring/Equipment.

Rates

Per month

Lifeline Package $34.95

Basic Package (requires a set top box ) $74.95

Scout Package $89.95

Lifestyle Package (requires a set top box) $109.95

Variety Pak (add on) $ 6.95

HBO ( Premium add on) $17.95

Cinemax (Premium add on) $13.95

Playboy TV (Premium add on) $ 9.95

Showtime (Premium add on) $19.95

Starz!/Encore (Premium add on) $15.95

Set Top Box Lease (per box) $ 6.49

5 compatible devices $ 0.00

Additional 5 compatible devices $20.00