HSD User Agreement


CUSTOMER AGREEMENT & NOTICES

CUSTOMER USER AGREEMENT

This agreement sets forth the terms and conditions under which Morris Broadband Services (“Morris Broadband”) will provide High Speed Data (“HSD”) service to you at your home or business.

1. THE SERVICE

1.1 HSD is a service provided by Morris Broadband that will provide you interactive access to the Internet as a registered customer or authorized user

Subject to the terms and conditions of this Customer Use Agreement (“Agreement”). HSD is accessible through a Computer using equipment such as a modem and a network interface card, and software.

1.2 Morris Broadband will provide you with access to HSD at your home or business

Morris Broadband will provide one cable outlet for a separate cable connection to your computer; one cable modem, and the connection between the modem and your computer. Morris Broadband will provide a single user IP address for each authorized modem and computer.

1.3 No representation, warranty, term or condition other than as specifically set forth in this Agreement shall be binding on Morris Broadband.

1.4 Morris Broadband reserves the right to modify the terms of this Agreement, including the charges for installation and service, at any time and from time to time

Except as otherwise provided in this Agreement, any modification is effective immediately upon posting on Morris Broadband’s website, or notification to you by electronic mail or conventional mail, as provided in Section 11. Your continued use of HSD following modification to this Agreement, including the charges for installation and service, shall be deemed as acceptance of such modification.

2. GENERAL SUBSCRIBER OBLIGATIONS

2.1 You are signing this Agreement on behalf of yourself and any person who accesses HSD through your computer, under your screen name or password or through the cable outlet in your home or business

You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms.

2.2 Subscription to HSD is restricted to individuals of at least 18 years of age

By subscribing to HSD, you certify that you are at least 18 years old. Morris Broadband may, in its sole discretion, accept

2.3 You agree to provide Morris Broadband with accurate, complete and current information

Including your legal name, age, address, telephone number(s) and payment data (i.e., credit, debit or charge card numbers and expiration dates) upon subscribing to HSD. You agree to promptly inform Morris Broadband if there is any change in the information you provided to Morris Broadband at the time of enrollment. Failure to provide accurate information constitutes a breach of this Agreement and may result in immediate termination of service to you by Morris Broadband.

2.4 HSD is provided to you at your current home or business

You may not transfer your subscription or your rights and obligations under this Agreement to any person other than yourself at a different location without prior approval from Morris Broadband Services.

3. COMPUTER EQUIPMENT REQUIREMENTS

3.1 Certain minimum configuration standards are required for using HSD including, but not limited to, Windows 98 or higher and a 10BaseT-ethernet port

You understand that HSD may not be operational without these minimum requirements and certify that your equipment or software, at a minimum, conforms to this set of technical configuration requirements.

3.2 Morris Broadband Services will install an additional cable outlet at your residence or business for the use of HSD

The use of this outlet shall be strictly limited to the purpose of accessing HSD. You may not relocate this outlet or use HSD from any other cable outlet without the prior approval of Morris Broadband.

3.3 Except for the cable modem, you are responsible for providing, at your cost, all other equipment (e.g. personal computer, ethernet card) required for access to HSD

4. PAYMENT TERMS

4.1 You agree to pay an installation fee

A monthly recurring charge and all charges for use of HSD under your account at the rates in effect during the billing period in which the charges were incurred. You agree to pay any local, state and/or federal taxes and fees imposed or levied on or with respect to your subscription to or use of HSD.

4.2 Morris Broadband reserves the right to change the amount of fees and charges from time to time at its discretion

And upon 30 days notice to you in accordance with Section 1.4.

4.3 Installation fees are due at the time of installation

Monthly charges are payable up to 30 days in advance. Failure to pay the full amount of your account balances within 30 days of billing will cause disconnection of service or a late fee, at Morris Broadband's discretion. Morris Broadband may charge a reasonable service charge for all returned checks and bankcard or charge card charge backs.

4.4 If you discontinue service or are disconnected, you agree to pay a reconnect charge before reconnection

You further agree to be charged and to pay any outstanding balance in the event of cancelation, disconnection or termination of your account. 4.5 You will be responsible for all expenses (including reasonable attorneys' fees) incurred by Morris Broadband in collecting any unpaid amounts you owe Morris Broadband.

5. CHARGES FOR ON-LINE SERVICES/INTERNET TRANSACTIONS

5.1 Through use of HSD, you may access certain information, products, and services

From persons other than Morris Broadband for which there is a charge, including certain on-line services such as America Online. YOU AGREE THAT ALL SUCH FEES OR CHARGES FOR ON-LINE SERVICES, PRODUCTS OR INFORMATION ARE YOUR SOLE RESPONSIBILITY AND NOT THE RESPONSIBILITY OF MORRIS BROADBAND.

5.2 YOU ALSO AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PROTECTING THE SECURITY OF YOUR CREDIT CARD INFORMATION FROM UNWANTED OR UNAUTHORIZED CHARGES FOR INTERNET BASED TRANSACTIONS

6. SERVICE & PERFORMANCE

6.1 Morris Broadband will make reasonable efforts to assure that HSD will be available to you 24 hours per day 7 days per week

It is possible, however, that there will be interruptions of service and users will contend for bandwidth. As a result, depending on intensity of customer use of HSD, and Internet use generally, the bandwidth available to you and the speed of service may not always be at optimum levels. You are responsible for management of your data stored on or transmitted over the HSD service. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space you control, and your selection and use of security features. None of Morris Broadband, its agents and its subcontractors shall have any obligation to develop and maintain management and security procedures (such as application logon security and encryption of data) to protect your information. Solely for the purposes of maintaining the HSD service, Morris Broadband, its agents and its subcontractors may need to view and work with portions of the data you transmit using the HSD service (such as address header information). You agree that Morris Broadband, its agents and its subcontractors may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute your data domestically and internationally for such purposes. Except for purposes of operating and maintaining the HSD service, Morris Broadband, its agents and its subcontractors shall not reverse assemble, reverse compile, or to disclose to third parties the information that you transmit while using the HSD service (unless required by law, court order, an authorized government entity, or as otherwise authorized by you). You agree that access to ideas, concepts, know-how, and techniques contained in data viewed or worked with during the maintenance and operation of the HSD service and retained in the memories of employees of Morris Broadband or its agents or its subcontractors will not prohibit or prevent Morris Broadband or its agents or its subcontractors from developing or marketing any service or product. HSD service is generally available 24 hours a day, seven days a week, provided, however, that Morris Broadband, its agents and its subcontractors reserve the right to schedule reasonable hours for maintenance or HSD service changes at their discretion.

6.2 If your use or modification of the software, hardware or equipment supplied by Morris Broadband requires a visit to your home or business for repair or correction

Morris Broadband reserves the right to charge you for the equipment and labor required to correct the situation. Morris Broadband does not undertake to correct or repair software, hardware or equipment that it does not supply.

7. CUSTOMER USE

7.1 HSD is for your personal use and is to be used only by you, your employees, and members of your immediate family

Living with you or working for you at the same address using the cable modem provided and configured by Morris Broadband (“Authorized Users”). You are personally responsible for all use of HSD under your account. You agree not to resell, redistribute, network, assign, transfer or sublicense your access to HSD or the service in any manner. The prohibition above includes, but is not limited to the provision of e-mail, File Transfer Protocol (“FTP”) and Telnet access. You also agree not to use HSD to operate as an Internet Service Provider (“ISP”) or to operate any other business enterprise in competition with Morris Broadband. You agree that your violation of this Section shall authorize Morris Broadband, in its sole discretion, to immediately disconnect HSD and terminate this Agreement without notice. Due to the difficulty in quantifying damages to Morris Broadband for a violation of this Subsection 7.1, you agree to pay liquidated damages to Morris Broadband in the amount of $500 (five hundred dollars) per day for each day that you are in violation of this Subsection 7.1. These remedies shall be in addition to all others available to Morris Broadband in law and equity.

7.2 You may, at your discretion, permit an Authorized User less than 18 years of age to use HSD and you acknowledge that you are responsible to provide adult supervision

You acknowledge further that HSD provides full access to the Internet without restriction. HSD is not intended to be used to enable persons less than 18 years of age to obtain material that is prohibited by law to be sent or displayed, including material deemed to be indecent or obscene.

7.3 Morris Broadband will provide you with an Internet Protocol (“IP”) address as a component of the service.

This IP address may change from time to time at the discretion of Morris Broadband. You agree not to alter, modify or tamper with the IP address or those of any person subscribing to HSD. Morris Broadband will take back the IP address upon disconnection, discontinuance or termination of service.

7.4 You agree not to alter, modify or tamper with the cable modem or other equipment provided by Morris Broadband, or the configuration of such equipment as set by Morris Broadband

7.5 Any conduct by you that, in Morris Broadband’s sole discretion, inhibits or restricts any other customer, person or entity from using or enjoying HSD shall entitle Morris Broadband to immediately disconnect HSD and terminate this Agreement without notice

You agree to use HSD only for lawful purposes. You may not use, or allow others to use, your HSD account, either directly or indirectly, to:

post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities;

post, transmit, promote, or facilitate the distribution of any copyrighted material, including but not limited to music, computer software, television shows, and movies without consent of the copyright holder;

unlawfully access or attempt to access other computers or services, or to cause a disruption of service to other on-line users;

cause disruption to Morris Broadband’s backbone network, nodes, or services; or

establish a web page, site, or email server on your computer.

8. LIMITATIONS OF LIABILITY: NO WARRANTIES

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, MADE ON BEHALF OF MORRIS BROADBAND AND ALL ITS AFFILIATES.

8.1 Damage to Your Computer:

Morris Broadband assumes no responsibility whatsoever for any damage to or loss or destruction of the Computer, regardless of the source or proximate cause of such loss or destruction.

8.2 Damage, Loss or Destruction of Software Files And/Or Data:

Morris Broadband assumes no responsibility whatsoever for any damage to or loss or destruction of any of your software, files, data, or peripherals which may result from your use of HSD, or from the installation, maintenance, or removal of the service, equipment or software. Morris Broadband does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time.

8.3 NO WARRANTY/LIMITATION OF LIABILITY YOU EXPRESSLY AGREE AS FOLLOWS:

USE OF THE HSD SERVICE, SOFTWARE AND EQUIPMENT SUPPLIED BY MORRIS BROADBAND OR ITS AGENTS, EMPLOYEES OR CONTRACTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS “MORRIS BROADBAND”), AND HSD E-MAIL SERVICES IS AT YOUR SOLE RISK. NONE OF MORRIS BROADBAND, ITS AGENTS AND ITS SUBCONTRACTORS SHALL BE RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER THE HSD SERVICE, INTEREXCHANGE CARRIERS’, LOCAL EXCHANGE CARRIERS’, OR OTHER PROVIDERS’ FACILITIES. NONE OF MORRIS BROADBAND, ITS AGENTS AND ITS SUBCONTRACTORS GUARANTEE THAT ANY OF THEIR PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. THE HSD SERVICE, HSD E-MAIL SERVICES AND EQUIPMENT AND SOFTWARE SUPPLIED BY MORRIS BROADBAND ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. MORRIS BROADBAND’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE HSD SERVICE, E-MAIL SERVICES AND SOFTWARE AND EQUIPMENT SHALL BE THE REPLACEMENT OF ANY MORRIS BROADBAND PROVIDED DISKETTE OR MORRIS BROADBAND SUPPLIED EQUIPMENT FOUND TO BE DEFECTIVE. IN NO EVENT SHALL MORRIS BROADBAND’S LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO ACCESS AND USE THE HSD SERVICE WITHIN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL MORRIS BROADBAND BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, OPERATION, MAINTENANCE, FAILURE, REMOVAL, TERMINATION OR USE OF THE HSD SERVICE, E-MAIL SERVICES, SOFTWARE OR EQUIPMENT.

8.4 No Liability For Unauthorized Access:

Morris Broadband does not warrant that any data or files sent or received by you using HSD over its cable network, or communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to your Computer. Morris Broadband has no responsibility and assumes no liability for such acts or occurrences. If you choose to run applications from your Computer that permit others to gain access to it, you must take appropriate security measures. Failure to do so may cause immediate termination of your service by Morris Broadband. Morris Broadband is not responsible for and assumes no liability for any damages resulting from others accessing your computer.

8.5 No Liability For Viruses:

Morris Broadband makes no representation or warranty that any software installed on the computer, including software installed by Morris Broadband, its agents, employees and contractors, or which you may download from the Internet, on-line service provider, or other information provider does not contain any virus or other damaging or destructive attribute. Morris Broadband has no responsibility and assumes no liability for such acts or occurrences.

8.6 No Liability For Content:

While Morris Broadband supplies access to the Internet by HSD, it is not the publisher of any information provided by others through the Internet. Morris Broadband does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, on-line service or content provider. Such content or programs may include, without limitation programs or content of an infringing, abusive, profane or sexually offensive nature. All content from other parties accessed via HSD is accessed by you and those you have authorized, all at your own risk, and Morris Broadband assumes no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such content accessed using the HSD service.

9. INDEMNIFICATION

9.1 You agree to indemnify, defend and hold harmless Morris Broadband

Its affiliated companies, partners, licensors, employees and agents from and against all losses, expenses, damages, liabilities, and costs, including reasonable attorneys' fees, arising out of any violation of this Agreement, the selection or use of your ID, or any activity related to your account by you or any other person accessing HSD using your account.

10. TERMINATION

10.1 Morris Broadband may terminate HSD, this Agreement, the license provided herein, and your right to use HSD, at any time for any reason without notice by Morris Broadband to you

In addition, you may terminate this Agreement at any time upon the return of the cable modem and related connecting cables to Morris Broadband. Your bill will be pro rated for any prepaid service and will offset any outstanding amounts owed to Morris Broadband.

10.2 After installation as provided in Section1 of this Agreement

Morris Broadband shall not have any obligation to restore or reconfigure your computer, whether after the termination of HSD service or this Agreement or otherwise.

10.3 The provisions of Sections 4

(Payment Terms), 8 (Limitation of Liability: No Warranties) and 9 (Indemnification) shall survive any termination of this Agreement.

11. NOTICE

11.1 Morris Broadband may deliver notice to you by means of electronic mail on HSD

A general notice on HSD’s website or by written communication delivered by first class United States mail to your address on record in Morris Broadband’s account information.

12. ENTIRE AGREEMENT

12.1 This Agreement

Including future modifications by Morris Broadband in accordance with Section 1.4 of this Agreement, constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto.

13. FORCE MAJEURE

13.1 Morris Broadband’s performance hereunder is subject to interruption and delay due to causes beyond its reasonable control including

Without limitation, intensity of customer use of the HSD service and intensity of Internet use generally, customer directed activities, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain the necessary supplies and the like.

14. SEVERABILITY

14.1 If one or more of the provisions in this Agreement are found to be unenforceable or invalid

Including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

15. NO WAIVER

15.1 Failure of Morris Broadband to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

16. GOVERNING LAWS

16.1 This Agreement shall be governed by and construed under the laws of the state of North Carolina, without regard to the choice of law provisions thereof

17. CUSTOMER INFORMATION & PRIVACY

17.1 Your privacy interests, including your ability to limit disclosure of certain information to third parties, are safeguarded by the subscriber privacy provisions of the 1984 Cable Act, as amended

Your rights under the Cable act, and Morris Broadband’s privacy practices, are described in the Subscriber Privacy Notice, which is available at any local Morris Broadband office location and is incorporated by reference.

Phone User Agreement


PHONE USER AGREEMENT

MORRIS VoIP PHONE SERVICE CUSTOMER AGREEMENT

This Subscription Agreement constitutes the agreement (“Agreement”) between MORRIS BROADBAND, LLC (“we,” “us” or “MORRIS”) and the user (“you,” “user” or “Customer”) of MORRIS’ residential and/or small business voice communications services and any related products or services (“Service”). This Agreement governs both the Service and any devices, such as a Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service and it applies to all lines on each MORRIS account. This Agreement shall be effective as of the date it is signed by MORRIS or the date Service is activated (the “Effective Date”).

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. EMERGENCY SERVICES | 911 DIALING

1.1 911 Dialing

All of our customers using the Service at their registered address will have access to either basic 911 or Enhanced 911 (E911) service, depending on their location and except as otherwise provided for herein. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency calling center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers in locations where the emergency calling center is not equipped to receive your telephone number and address have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak. You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing and service to you, including, without limitation, call routers, call centers and local emergency centers.

1.2 Notify All Users

You should inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of 911 Dialing using your Service. The documentation that accompanies each Device that you receive from MORRIS should include a sticker explaining the potential non-availability 911 service (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker as near as possible to each phone that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact MORRIS.

1.3 Location of Service

This Service is provided at a specific permanent address to be registered with the local emergency calling center and is not available as a nomadic offering. Before you move to another location, you must notify MORRIS to determine if service can be provided at your new permanent address and to provide the new address for 911 purposes. Service will only be provided at locations where 911 connectivity is available and a proper address is registered with the local emergency calling center for E911 to function.

1.4 Service Outages

(a) Service Outages Due to Power Failure or Disruption

If there is a power failure your Device and the ability to place and receive calls, including 911 calls, may not function. Depending on your location, network backup power systems may not be available in the event of a power failure. The Device provided may provide limited battery backup if your location is without power. If you are unsure of your battery back­up capability consult with MORRIS to determine whether or not your device has battery backup.

 

1. Device with battery backup

Battery backup on qualifying Devices is limited. Excessive use during a power outage will result in shortened life of the internal battery. The Device should provide indication of low battery voltage. Customer should contact MORRIS for instructions or replacement. Failure of network power backup systems or the Device internal backup power system during a power failure or disruption will prevent all service, including 911 dialing, from functioning.

2. Device without battery backup

Devices that do not have a battery backup cannot support 911 or any other dialing in event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.

(b) Service Outages Due to Internet Outage or Suspension or Disconnection of Your MORRIS Account

Service outages, network power outages or suspensions or disconnections of service by MORRIS, will prevent all Service, including 911 Dialing, from functioning.

1.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls

There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made utilizing the Service as compared to a traditional 911 call made over the traditional public telephone network.

1.6 Disclaimer of Liability and Indemnification

MORRIS does not have control over whether, or the manner in which, calls using our 911 Dialing service are answered or handled by any local emergency calling or response center. We disclaim all responsibility for the conduct of local emergency calling and response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 calls to local emergency calling and response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. NEITHER MORRIS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO OUR 911 DIALING SERVICE. You shall defend, indemnify, and hold harmless MORRIS, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

1.7 Acknowledgement

You understand and acknowledge that you may lose access to MORRIS’ voice Service or the Service may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) IF MORRIS’ NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF YOU OTHERWISE LOSE YOUR BROADBAND CONNECTION; (iii) IF YOU EXPERIENCE A POWER OUTAGE; (iv) IF ELECTRICAL POWER TO THE MODEM IS INTERRUPTED; and/or (v) IF YOU FAILED TO PROVIDE A PROPER SERVICE ADDRESS OR MOVED THE SERVICE TO A DIFFERENT ADDRESS. You understand and acknowledges that in order for 911/E911 calls to be properly directed MORRIS must have your current service address and if you move your Service to a different address without MORRIS’ approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding or the Service (including 911/E911) may fail altogether. You are required to notify MORRIS of any change of address of the Device for E911 calling service to work properly. You agree that, to the maximum extent allowed by law, MORRIS shall have no liability for any damages caused, directly or indirectly, by your inability to access the Services, including the 911/E911 services.

1.8 Alternate 911 Arrangements

If you are not comfortable with the technical limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services.

2. SERVICE

2.1 Term

You must provide MORRIS with at least 7 days advance notification to terminate Service. You may initiate Service termination by either a) notifying MORRIS’ business office or a representative thereof, during normal business hours and scheduling a physical disconnection of Service and equipment recovery, or b) by directly and personally surrendering all rented equipment to a MORRIS office. Account holders are liable for all Services rendered by MORRIS up to the time the account has been de-activated and liable for MORRIS Equipment until it is returned.

2.2 Residential Use of Service and Device

If you subscribe to MORRIS residential voice services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.

2.3 Business Use of Service

If you subscribe to MORRIS Business services, the Service is provided to you as a small business user. You shall not resell or transfer the Service to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. You are responsible for supplying, operating and supporting the standard SIP based Customer Premise Equipment for use with the Service. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service for any of the aforementioned or similar activities.

2.4 Unlawful or Inappropriate Conduct

You shall use the Service and the Device only for lawful purposes. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device in an aforementioned manner. In the event of such disconnection, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Device in the aforementioned way, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, MORRIS will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, MORRIS reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

2.5 Copyright; Trademark

Unauthorized Usage of Device; Firmware or Software.

(a) Copyright; Trademark

The Service and Device and any firmware or software used to provide the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions.

(b) Unauthorized Usage of Device; Firmware or Software

You have been granted a nontransferable, revocable license to use the firmware or software used to provide you the Service in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

2.6 Tampering with the Device or Service

You shall not attempt to change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such disconnection, you will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

2.7 Theft of Service

The receipt of Services without proper payment to MORRIS is a crime. You shall notify us immediately, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. MORRIS reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

2.8 Service Distinctions

The Service is not the same as traditional landline telecommunications service and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the internet, and the underlying broadband service. Other things may affect Service, such as maintenance. MORRIS will attempt to minimize disruptions to your use of and access to Service.

2.9 Risk of Loss

You bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.

2.10 No 0+ or Operator Assisted Calling; May Not Support x11 Calling

The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, calling cards or 900 calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911, 711 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.

2.11 Incompatibility

With Other Services.

(a) Home Security Systems

The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.

3. CHARGES; PAYMENTS; TAXES; DISCONNECTION

3.1 Billing

We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears), including but not limited to: activation fees; monthly Service fees; usage charges; international usage charges; advanced feature charges; advanced features/add-ons; subscriber line charge, universal service fund; 911 fees; federal, state and/or local taxes; disconnection fees; and shipping and handling charges. Any usage charges will be billed in increments that are rounded up to the next full minute unless otherwise set forth in the rate schedules found on our website. You understand and agree that from time to time MORRIS may change its Services and charges, including deleting Services. MORRIS will give you reasonable prior notice of increases or other changes in its charges or Services in conformity with applicable law and any applicable subscriber agreements, tariffs, or terms and conditions. Universal service fund charges, 911 fees, federal, state and/or local taxes and regulatory surcharges and fees may change without notice.

3.2 Billing Disputes

You must notify us within ten days after receiving your statement if you dispute any MORRIS charges on that statement or you will be deemed to have waived any right to contest such charges.

3.3 Payment and Collection

(a) Payment

We bill in advance, except for usage on a monthly basis. Payment is due upon receipt. If payment is not received by the due date, a late fee may be imposed.

(b) Collection

If Service is disconnected you will remain liable for all charges due, MORRIS may impose a reconnect charge and/or security deposit, in addition to any outstanding balance, including late charge, before service is restored. If your check is returned for insufficient funds MORRIS may impose a service charge up to $30.00 subject to applicable law. If you have not paid amounts due within 30 days of the due date, and MORRIS uses the services of a collection agency and/or attorney to collect said amounts due, you agree to pay to MORRIS, in addition to other amounts due, all reasonable agency and attorneys fees that are incurred by Morris, including without limitation, court costs. If a voluntary or involuntary petition in bankruptcy is filed by or against Customer, MORRIS may require a reasonable security deposit to continue service.

3.4 Disconnection; Discontinuance of Service

Acceptance of Service implies your acceptance of the terms and conditions in this Agreement. MORRIS specifically reserves the right to suspend performance or terminate Service for the breach of any of the policies, terms and conditions of the Agreement, including non-payment. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the disconnection fee, if applicable, all of which will immediately become due and payable. If your service is disconnected or terminated under this Agreement you may lose access to the telephone number assigned to your Service and the number may not be reassigned to your account. You acknowledge that MORRIS shall not be liable under any theory if the telephone number assigned to your service is changed or not reassigned to your account. You understand and acknowledge that you do not own or have any property right in the telephone number assigned to your account and that it may be changed for various reasons, including but not limited to, the redrawing of area code boundaries, termination or suspension of service or other relevant actions.

3.5 Taxes

State and local governments may assess taxes, surcharges and/or fees on your use of MORRIS service. These charges may be a flat fee or a percentage of your MORRIS charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

1. Charges for Directory Calls (411)

We will charge you for each call made to MORRIS directory assistance.

4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

4.1 Limitation of Liability

We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality including but not limited to those that are caused by any of the following:

an act or omission of an underlying carrier, service provider, MORRIS or other third party;

equipment, network or facility failure;

equipment, network or facility upgrade or modification;

force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;

equipment, network or facility shortage;

equipment or facility relocation;

service, equipment, network or facility failure caused by the loss of power to you or the network; • outage of, or blocking of ports or other impediment to usage of the Service caused by any third party;

any act or omission by you or any person using the Service or Device provided to you; or

any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications including, without limitation, 911 Dialing, to be connected or completed, or forwarded. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

4.2 Disclaimer of Liability for Damages

IN NO EVENT WILL MORRIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. MORRIS SHALL NOT BE LIABLE FOR DAMAGE TO YOUR PERSONAL PROPERTY THAT RESULTS FROM ANY CIRCUMSTANCES THAT ARE NOT THE FAULT OF MORRIS, FOR EXAMPLE, STORMS, LIGHTNING, OR ELECTRICAL SURGE OR OUTAGE. IN NO EVENT SHALL MORRIS BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF WAGES. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

4.3 Indemnification and Survival

(a) Indemnification

You agree to defend, indemnify, and hold harmless MORRIS, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, you or any third party or user of your Account relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of you or any third person or party or user of your Service to dial 911 or to access emergency service personnel.

(b) Survival

The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

4.4 No Warranties on Service

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE OR THE DEVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER MORRIS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO YOU IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF MORRIS OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY MORRIS OR MORRIS’ AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

5. MISCELLANEOUS

5.1 Entire Agreement

This Agreement, any applicable tariff, and the Terms and Conditions preprinted on any MORRIS Work Order constitute the entire agreement between you and MORRIS and govern your use of the Service, superseding any prior agreements between you and MORRIS and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

5.2 Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

5.3 Privacy

MORRIS’ Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. MORRIS is not liable for any lack of privacy, which may be experienced with regard to the Service.

5.4 Acceptance

You can evidence acceptance of this Agreement by signing where indicated below or by executing this Agreement electronically. By requesting Service or by activating Service, you acknowledge that your electronic acceptance of this Agreement binds you as the equivalent of your hand-written signature on this Agreement.

5.5 Subcontractors

You understand, acknowledge, and agree that from time-to-time during the term of this Agreement MORRIS may, in its sole and absolute discretion, delegate performance of some or all of its rights and obligations hereunder to third parties selected by MORRIS. You hereby consent to such subcontracting activity, provided that MORRIS shall remain accountable to you for the performance of any such obligations.

Web User Agreements

CUSTOMER AGREEMENTS & NOTICES / WEBSITE USE AGREEMENT

MORRISBROADBAND.COM OR MORRISBROADBAND.NET VISITOR AGREEMENT

By using the morrisbroadband.com or morrisbroadband.net websites, you agree to abide by this Agreement:

 

The Web sites are constantly changing. We may change the terms of this Agreement from time to time to address new issues or situations. By continuing to use the service after we post notice of any such changes, you agree to accept the new terms. Morrisbroadband.com and Morrisbroadband.net are provided to you “as is.” You may only use the websites for legal purposes. You may not use morrisbroadband.com or morrisbroadband.net to publish, post, distribute or disseminate any defamatory, obscene or other unlawful material or information, including another’s proprietary information (without express permission).

 

We try to maintain the sites, but we are not responsible for any defects that exist on these websites or for any damages you may incur by using the sites. The sites may contain errors and outdated information. We are not responsible for keeping the information up to date. All documents and information on the morrisbroadband.com or morrisbroadband.net websites are copyrighted materials of Morris Broadband, LLC. By using the sites, you are not acquiring any rights to the proprietary rights contained there. You also agree not to use the sites in a manner that restricts or inhibits any other user from using and enjoying the sites. You agree not to post or transmit any information, software or other material that contains a virus or harmful component.

Disclaimer of Warranties and Liability:

 

Please read this disclaimer carefully before using morrisbroadband.com or morrisbroadband.net. In the event that Morris Broadband has provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that Morris Broadband operates or controls in any way any information, products or services on these third-party sites.

 

YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MORRIS BROADBAND CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITES. NOR DO WE GUARANTEE THAT THE SITES WILL BE ERROR-FREE, UPDATED OR CONTINUOUSLY AVAILABLE OR THAT THE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MORRIS BROADBAND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THESE SITES OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. THE MATERIAL ON THE SITES DOES NOT CONSTITUTE AN OFFER TO SELL OR SOLICITATION TO BUY SECURITIES.

 

UNDER NO CIRCUMSTANCES SHALL MORRIS BROADBAND BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES. THIS PROVISION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

Other

 

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any principles of conflicts of law. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Privacy Policy


ANNUAL CABLE & TELEPHONE CUSTOMER NOTICE

PRIVACY POLICY | 2013

This notice contains important information concerning your cable television and telephone services.  We provide this notice as a service to our customers and in accordance with applicable federal law and FCC regulations.  It is important to us that you are informed about the services we provide, our policies and procedures and your rights as a customer.  We encourage you to review the following information and contact us at (888) 855-9036 with any questions.

CABLE NOTICE

CUSTOMER PRIVACY:

PERSONALLY IDENTIFIABLE SUBSCRIBER INFORMATION; RESTRICTIONS ON ACCESS

To provide cable and other services, we collect and maintain personally identifiable information concerning customers. That information may include name, address, phone number, social security number, driver’s license number, billing records, service maintenance and repair records, premium service subscription information, marketing information, and customer complaints. Except as indicated below under Disclosure prohibited; exceptions, all personally identifiable information is used for the normal business purpose of offering and providing cable television service and other services to you. Only persons authorized by us may access this information. Persons authorized to access customer information include our employees and sales agents, billing and collections services, accountants, and other businesses that provide products and services to us. These persons may access customer information on a regular basis. We maintain certain customer information for as long as we provide service to a customer and for a commercially reasonable time thereafter. Other customer information is periodically destroyed.

DISCLOSURE PROHIBITED; EXCEPTIONS

Federal law prohibits the disclosure of your personally identifiable subscriber information without your consent, except under the following circumstances:

BUSINESS ACTIVITIES

We may disclose customer information in order to conduct business activities related to providing cable service or other service.

UNAUTHORIZES RECEPTION OF CABLE SERVICES

We may disclose customer information in order to detect unauthorized reception of our cable service.

NAMES AND ADDRESSES TO THIRD PARTIES

We may disclose customer information in order to detect unauthorized reception of our cable service.

COURT ORDER

We must disclose personally identifiable information without your consent if we are required to do so by a court order. If we are served with a court order requiring disclosure, we will promptly inform you before releasing any information. You will then have an opportunity to contest the order.

LAW ENFORCEMENT REQUEST

We may also disclose personally identifiable information without your consent when requested by law enforcement under certain circumstances.

CUSTOMER RIGHTS

As a customer, you may review your personal information maintained by us by contacting us and making an appointment to meet at our office during normal business hours. We will need a reasonable amount of time to collect the information and remove any references to other customers. You may request correction of any errors in personal information that we collect or maintain pertaining to you. You have the right under federal law to enforce your cable privacy rights through a civil action in federal district court.

CUSTOMER SERVICE:

COMPLAINT PROCEDURES

At Morris Broadband, providing high-quality customer care and technical service is our top priority. We endeavor to resolve any complaints concerning cable television or other services as soon as possible. Please use the following procedures to help us resolve your complaints: Contact our Customer Service Department at (888) 855-9036. Our call center is open weekdays from 6am – 10pm and weekends 7am – 9pm. An answering service may take your message at other times. During these hours, you may speak with a Customer Service Representative (CSR). Our CSR will attempt to determine the nature of the problem. If the problem cannot be resolved over the phone, the CSR will schedule a Service Technician to visit your home, usually by the next business day. If you do not call during our normal business hours, leave a complete message with the answering service. Please leave your name, address, work and home telephone numbers and a brief description of the nature of the problem. When possible, a Service Technician will be dispatched by the next business day to fix the problem. In other cases, the answering service will forward the message to our office, and we will contact you during normal business hours. Emergencies such as fallen trees or utility poles, violent storms or very cold weather may interfere with cable or other services. We promptly dispatch our crews to correct any emergency. Please keep in mind that some emergency situations may affect a large service area, and it may take several days to resume full service to the entire area. We maintain complaint records for at least one year. Those records are available for inspection by the applicable local franchise authority and the FCC during that time. If a problem is not resolved to your satisfaction, you may write or call us with concerns or complaints. You may also contact your local franchise authority at the address on the attached list.

SERVICE & PRICES

Please contact us at (888) 855-9036 or visit our website at http://www.morrisbroadband.com/ for information on services and prices including:

Products and services offered

Prices and options for subscribing to services

Channel positions

Installation and maintenance policies and prices

Instructions for using our cable service

EQUIPMENT COMPATIBILITY:

SET-TOP BOXES

Some models of TV receivers and other devices (VCRs, DVD Players, TiVo…etc.) may not be able to receive all of the channels offered on our system. Channel compatibility problems may occur if TVs and certain other equipment are connected directly to the cable system. Use of a set-top box typically resolves these problems. Channel compatibility problems associated with the reception of programming that is not scrambled or encrypted programming can be resolved by using a simple converter device without descrambling or decryption capabilities. Converters are available from Morris Broadband and may be available from retail outlets in some areas. If your service is received through a set-top box, you may not be able to use special features and functions on certain TVs and other devices. For example, some set-top boxes may not be compatible with features that allow you to view a program on one channel while simultaneously recording a program on another channel; record two or more consecutive programs that appear on different channels; or use advanced picture generation and display features such as “Picture-in-Picture.”

SPECIAL EQUIPMENT

Scrambling or encryption technologies may affect your reception of signals. We offer special equipment for our customers encountering these problems.

REMOTE CONTROL DEVICES

Remote control devices available from retail outlets may be compatible with our set-top boxes. Models of remote control devices that are compatible with our set-top boxes include: URC-SR3, 915-000120, Fg01447.

UNAUTHORIZED RECEPTION OF CABLE SERVICE:

RECEPTION OF ANY CABLE SERVICE WITHOUT OUR EXPRESS AUTHORIZATION IS PROHIBITEDREMOTE CONTROL DEVICES

Federal and state laws make it a crime to receive, or assist another in receiving, any cable service without our express authorization. Violators face substantial criminal penalties including fines and imprisonment. In addition, we are entitled under the law to sue cable thieves in federal or state court and obtain injunctions and substantial damages.

FRANCHISE AUTHORITY CONTACT INFORMATION:

Henderson County, Flat Rock, Fletcher, Hendersonville, Lansing, Laurel Park, Mills River, Nebo, West Jefferson – Consumer Protection Division of the Attorney General’s Office of the State of North Carolina at www.ncdoj.gov/cable.aspx.

ASCHE COUNTY

150 Government Circle, Suite 2500, Jefferson, NC 28640, (336) 219-2501

TOWN OF JEFFERSON

PO Box 67, Jefferson, NC 28640, (336) 846-9368

TOWN OF WEBSTER

PO Box 7, Webster, NC 28788

JACKSON COUNTY

401 Grindstaff Cove Rd., Sylva, NC 28779, (828) 586-7580

TOWN OF DILLSBORO

PO Box 54, Dillsboro, NC 28725, (828) 586-1439

TOWN OF SYLVA

83 Allen St., Sylva, NC 28779, (828) 586-2719

MACON COUNTY

5 West Main St., Franklin, NC 28734, (828) 349-2000

TOWN OF FRANKLIN

188 West Main St., Franklin, NC 28734, (828) 524-2516

VILLAGE OF FOREST HILLS

PO Box 506, Cullowhee, NC 28723, (828) 293-0888

TELEPHONE NOTICE

CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI); USE, DISCLOSURE & ACCESS

Federal law provides customers with additional privacy protections related to their telephone services. CPNI is information we obtain solely in connection with our telephone services. The information contained in your telephone bill and any other information about the quantity, technical configuration, type, destination, location and amount of your use of telephone services when matched with your name, address and telephone number is known as CPNI. We have a duty to protect the confidentiality of your CPNI, and you have the right to have the confidentiality of your CPNI protected. We have a right to use, disclose, and permit access to your CPNI to provide you with telecommunications services; protect our rights and property and other users from fraudulent, abusive or unlawful use of these services; provide you with inbound telemarketing, referral or administrative services for the duration of a call you initiate and during which you approve of the use of your CPNI to provide these services; and to provide call information about the user of a commercial mobile phone service. We may use CPNI generated by providing you telephone services to provide you with information about, and to market to you, service offerings within the same categories of service to which you already subscribe. We may also use your CPNI to provide you with information about, and to market to you: (i) service offerings that are outside of the categories of service to which you subscribe, or (ii) products and services offered by other companies or by joint ventures in which we participate, unless you restrict our use of your CPNI for these purposes. If you wish to do so, please notify us in writing or call (888) 855-9036. Please include your name, account number, telephone number and address on any written request. If you do not notify us within 30 days of this notification that you wish to restrict our use of your CPNI, we will assume that you approve of our use of CPNI for these purposes. If you choose to restrict our use of your CPNI, that restriction will be valid until you affirmatively revoke it, and it will not affect the provision of any of the services to which you subscribe.

Net Neutrality Statement


BROADBAND INTERNET SERVICE DISCLOSURES

UPDATED NOVEMBER 2011

Consistent with FCC regulations,1 Morris Broadband provides this information about our broadband Internet access services. We call these services our “High Speed Internet Product.” We welcome questions or comments about this information. You may contact us at:

Morris Broadband
719 South Grove Street
Hendersonville, NC 28792
888-855-9036
Email: Mbb.support@morrisbroadband.com

NETWORK PRACTICES

General Description

We provide a variety of High Speed Internet Product offerings to our residential and business customers. We provide the service over our broadband network and through third-party fiber optic lines connecting to the Internet. We also contract with one or more companies for certain network monitoring and management services. We monitor our network and traffic patterns and make changes we deem necessary to manage and improve overall network performance. We use reasonable, nondiscriminatory, network management practices to improve overall network performance to ensure a high-quality online experience for all users. Our network management practices do not target any specific content, application, service, or device. As network management issues arise and as technology develops, we may employ additional or new network management practices. We will update these disclosures as necessary.

Related documents and disclosures

Use of our High Speed Internet Product is also governed by:

Congestion management

We describe in this section network management practices used to address congestion on our network.

High Speed Data Customer Agreement

High Speed Internet Product Overview

1: 47 CFR 8.3 and In re: Preserving the Open Internet, Broadband Industry Practices, Report and Order, 22 FCC Rcd 17905 (2010).

2: See FCC’s Office of Engineering and Technology and Consumer Affairs Bureau, Measuring Broadband, A Report on Consumer Wireline Broadband Performance in the U.S., OET CGB DOC-308828A1, pp. 4-6 (Aug. 2, 2011)

3: The FCC has defined peak hours measured during “busy hour” as weeknights between 7:00 pm and 11:00 pm local time.

4: The FCC has defined latency is the total length of time it takes a signal to travel from an origination point to the nearest server, plus the time for an acknowledgement of receipt to travel back to the origination point. The nearest server is the server providing the minimum round trip time.

CONGESTION MANAGEMENT PRACTICES USED

Network monitoring.

We monitor our network for utilization trends. We receive regular reports showing changes in network traffic and congestion. We use this information to plan increases in bandwidth available, port additions, or additional connectivity to the Internet.

Types of traffic affected:

Our congestion management practices do not target any specific content, application, service, or device.

Purposes of congestion management practices.

Our High Speed Internet network is a shared network. This means that our customers share upstream and downstream bandwidth. The goal of our congestion management practices is to enable better network availability and speeds for all users. Our congestion management practices serve to:

Help us adapt and upgrade our network to maintain or improve network performance as demand for our High Speed Internet Product increases.

Help us adapt and upgrade our network to maintain or improve network performance as demand for higher bandwidth applications increases. Some examples of higher bandwidth applications are gaming, streaming movies, and streaming high definition video.

Help us identify potential bandwidth abusers.

CONGESTION MANAGEMENT CRITERIA

Network monitoring:

Our network monitoring provides data to help us plan upgrades to our network, equipment, technology, and connectivity to the Internet. As demand for our High Speed Internet Product increases, and as demand for higher bandwidth applications increases, we monitor effects on network performance and plan upgrades as we deem necessary. We have not established specific criteria to govern our upgrade decisions.

Effects on end user experience:

Because our High Speed Internet network is a shared network, periods of high network demand may result in Internet traffic congestion. End users may experience reduced bandwidth or speed during these times.

Typical frequency of congestion:

Congestion tends to occur during periods of peak demand for higher bandwidth applications. Generally, the frequency of congestion tends to increase during 7 pm – 2 am.

Application-Specific Practices.

This section discloses any application-specific practices we use, if any.

Management of specific protocols or protocol ports

To protect the security of our network and our customers, we block known hostile ports.

Modification of protocol fields.

Not applicable.

Applications or classes of applications inhibited or favored.

Not applicable.

Device Attachment Rules.

This section addresses any limitations on attaching lawful devices to our network.

General restrictions on types of devices to connect to network.

We place no general restrictions on lawful devices that a customer may connect our network, so long as the device is:

(i) compatible with our network

(ii) does not harm our network or other users.

To use our High Speed Internet Product, a customer’s computer must meet the minimum requirements set forth in our High Speed Customer User Agreement. Minimum requirements include the use of Windows 98 or higher and a 10BaseT-ethernet port. Beyond that, our service works with most types of PCs and laptops including Macs. If a wireless router is connected to our High Speed Internet Product, wireless Internet compatible devices including computers, tablets, smartphones and other devices can connect to our network. If a customer or potential customer believes they have an unusual configuration, our customer service department will help determine if there is a compatibility problem.

Cable Modems.

Our High Speed Internet Product requires connection of a cable modem to our network. You can obtain a cable modem from us or you may purchase one from most retail electronics sellers. Only devices that have been fully certified by CableLabs as compliant with the DOCSIS 2.0 or DOCSIS 3.0 specifications may be used.

Network and End User Security.

This section provides a general description of the practices we use to maintain security of our network.

Practices used to ensure end user security, including triggering conditions.

Hostile port blocking:

We block known hostile ports to prevent unwanted files, browser hacking and virus attacks.

Virus and Spam filtering:

We filter email and website traffic for virus activity and Spam using industry standard virus scanning and prevention techniques. Should an e-mail message be found to contain a virus or other harmful content, the message may be deleted without notification given to either the sender or the intended recipient(s). The filtering does not work in all cases and some viruses or other harmful content will traverse the network.

PERFORMANCE CHARACTERISTICS

General Service Description.

Our High Speed Internet Product includes wiring, a cable modem and a network interface card (NIC) for the personal computer, if required. Through our High Speed Internet Product, we serve as a local Internet service provider. Our High Speed Internet Product enables residential and commercial subscribers to access all lawful content, applications, and services of their choice available on the Internet.

Service technology.

We deliver our High Speed Internet Product over our hybrid fiber-coaxial network using the Data Over Cable Service Interface Specification (DOCSIS). Customers access our network using cable modems. To connect from our network to the Internet, we use equipment called a Cable Modem Termination System (CMTS) that acts as a gateway to the Internet for our customers’ cable modems. This is a shared network, which means that our customers share upstream and downstream bandwidth.

EXPECTED & ACTUAL SPEEDS & LATENCY:

Expected performance.

We offer customers a variety High Speed Internet Product service levels. We provide a description of the expected maximum transfer speeds associated with each service level in our High Speed Internet Product Overview.

Speed

The speeds we identify for each High Speed Internet Product service level are the maximum upload and download speeds that customers are likely to experience. We provision our customers’ modems and engineer our network to deliver the speeds to which our customers subscribe. However, we do not guarantee that a customer will actually achieve those speeds at all times. A variety of factors can affect upload and download speeds, including customer equipment, network equipment, congestion in our network, congestion beyond our network, performance issues with an Internet application, content, or service, and more.

Latency

Latency is another measurement of Internet performance. Latency is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two points of transmission, but also can be affected by the quality of the network or networks used in transmission. Latency is typically measured in milliseconds, and generally has no significant impact on typical everyday Internet usage. As latency varies based on any number of factors, most importantly the distance between a customer’s computer and the ultimate Internet destination (as well as the number and variety of networks your packets cross), it is not possible to provide customers with a single figure that will define latency as part of a user experience.

Actual speed and latency performance

Actual speed and latency may vary depending upon network conditions and other factors. Actual performance of our High Speed Internet Product in most cases will conform to national wireline broadband Internet speed and latency levels reported by the FCC.2 The FCC has reported that customers of coaxial cable-based broadband Internet services receive mean download speeds that are within 93% of advertised speeds during non-peak hours, and 85.7% of advertised speeds during peak hours.3 In addition, the FCC has reported that these same customers experience average latency4 delays of 28 milliseconds, increasing by an average of 30 milliseconds during peak hours.

Suitability of the Service for Real-time Applications

Our High Speed Internet Product service is suitable for typical real-time applications including messaging, voice applications, video chat applications, gaming, and Internet video. If users or developers have questions about particular real-time applications, please contact our customer service department.

SPECIALIZED SERVICES

Specialized services offered to end users

We offer several specialized services over our network, sharing network capacity with other high speed Internet services. Specialized services include Voice over Internet Protocol (VoIP) and dedicated bandwidth to high volume business users.

Effects of specialized services on availability and performance of broadband Internet access service

Our specialized services have no effect on the availability and performance of our High Speed Internet Product.

COMMERCIAL TERMS

Prices

Monthly prices for our High Speed Internet Products are available on our Products & Services Page

Usage-based fees

Not applicable.

Fees for early termination

Not applicable.

Fees for additional network services

We offer wireless network set-up service for our residential customers.

Privacy Policies

We do not disclose our High Speed Internet Product customer or use information to third parties except:

(i) as necessary to provide our High Speed Internet Product and to manage our network

(ii) in response to law enforcement requests, court order, or as otherwise required or authorized by law

(iii) as necessary to protect our rights, property, and operations, and those of any affiliated providers.

Inspection of network traffic

We routinely monitor network and traffic patterns.

Virus and Spam filtering:

We filter email and website traffic for virus activity and Spam using industry standard virus scanning and prevention techniques. Should an e-mail message be found to contain a virus or other harmful content, the message may be deleted without notification given to either the sender or the intended recipient(s). The filtering does not work in all cases and some viruses or other harmful content will traverse the network.

Storage of network traffic information:

DHCP (Dynamic Host Configuration Protocol) information is a code included in all network traffic that associates that traffic with a particular cable modem sending or receiving the traffic. We store DHCP information for at least six months.

Provision of network traffic information to third parties:

We do not disclose our High Speed Internet Product customer or use information to third parties except:

(i) as necessary to provide our High Speed Internet Product and to manage our network

(ii) in response to law enforcement requests, court order, or as otherwise required or authorized by law

(iii) as necessary to protect our rights, property, and operations, and those of any affiliated providers.

Use of network traffic information for non-network management purposes:

None.

REDRESS OPTIONS

Practices for resolving end-user and edge provider complaints and questions:

Questions:

We will endeavor to answer questions promptly via email or voice.

End users or edge providers with complaints or questions should contact us through the contact information set forth on on page 1.

Complaints:

We will provide an initial response in writing within 15 business days of receipt. We will attempt to resolve complaints informally, escalating the matter to senior management if needed.