Any violation of this policy, or any policy posted at http://www.coaxim.com, or use of these services for any other illegal activity is subject to immediate termination of service without notice. Any subscriber who does not agree to be bound by these terms should immediately terminate use of service and notify the customer service department of their distributor:

• Community Broadband customers please call 1-541-504-6600
  
• Village Media customers please call 1-888-568-5919

1.0 TERMS OF SERVICE

1.1 Coaxim Internet Media and its affiliates (including, but not limited to, BDR Broadband, Broadband Media, Digital Services LLC and Village Media) shall collectively be referred to as "Coaxim" for the purposes of this document. Coaxim provides its service to you as a registered customer, member or authorized user ("Member", "Subscriber" or "you"), subject to the terms of this Agreement and the Coaxim Acceptable Use Policy and the Coaxim Privacy Policy. These documents are binding agreements and we shall refer to them collectively as "TERMS OF SERVICE" The Terms of Service comprises the entire agreement between Coaxim and you, superseding any prior agreements between you and Coaxim with respect to its subject matter.

1.2 Coaxim may change the Terms of Service at any time, and such change shall take effect thirty (30) days after the date of the last Terms of Service change as posted (noted as the "last modified" date.) You agree to review the Terms of Service periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership at any time. Your continued use of Coaxim following the Effective Date of any such change to the Terms of Service constitutes acceptance of all such changes.

2.0 YOUR ACCOUNT INFORMATION

2.1 You certify the YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to provide Coaxim with accurate, complete, and updated registration information and a valid email address for correspondence if you are an Internet subscriber. Failure to do this constitutes a breach of this agreement and unauthorized access to Coaxim's television and Internet services. Unauthorized access to Coaxim could result in immediate termination of your account and subject you to civil and criminal liability.

2.2 You are entirely liable for all activities conducted through your account. A Member may permit another individual, including a minor, to use the Members account subject to Member supervision and with Members assumption of all resulting liabilities. Because Coaxim sends important notices about your membership to the account holder at your registered email address, you agree to check the account regularly and bear the risk of failing to do so.

3.0 CHARGES AND BILLING PRACTICES

3.1 You may obtain current rates and surcharges for using Coaxim by calling the Customer Service number of your service distributor at the numbers posted at the top of this page. Billing rates do not include any applicable sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to Members account.

3.2 An Administration Fee is applied to your monthly invoice. This fee generally runs 5% to 7% of your total monthly bill and is charged to cover fees/costs associated with governmental regulations and taxes, costs associated with the wireline distribution easements and other items that are not directly associated with your programming, television or Internet service package costs. Please contact the appropriate Customer Service number above for more specific information regarding Administration Fees assessed to your account.

3.3 If you have elected to pay for Coaxim by credit card and Coaxim does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by Coaxim. Your active subscription with Coaxim reaffirms that Coaxim is authorized to charge your designated card or withdraw funds via electronic funds transfer from your checking account, whichever situation applies. Your card issuer agreement governs your use of your designated card in connection with Coaxim, and you must refer to that agreement and not this Terms of Service with respect to your rights and liabilities as a cardholder. You agree that Coaxim may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for electronic funds transfer from your checking account or credit card as applicable. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that Coaxim may delay obtaining authorization from your card issuer until submission of the accumulated charges.

3.4 If Coaxim does not receive the full amount of your Coaxim account balance within thirty (30) days of the invoice date, a late payment charge will be added to your bill and immediately become due and payable. Contact Customer Service for late payment fees. Member also shall be liable for all attorney and collection fees arising from Coaxim's efforts to collect any unpaid balance of your account(s). You agree to pay any outstanding balance in the event of cancellation or termination of your Coaxim account; unless you make alternate payment arrangements with Coaxim at the time of service cancellation or temination, you agree to allow Coaxim to charge your full balance due to your credit card on file. Unless you notify Coaxim of any discrepancies within ninety (90) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release Coaxim from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to Coaxim within ninety (90) days of its publication.

3.5 Coaxim will not reimburse you for any NSF fees charged to you because of insufficient funds in the account from which you make your payments to Coaxim. We will not accept a new check from you within six months of the posted date of NSF charge. Coaxim can only accept alternative payment methods within this six month period; either from a credit card or a debit card that is not under the same account that the bad check was under. If you cannot provide alternative payment then your services will be discontinued.

3.6 Coaxim will only transfer services from one address to another if your account is in good standing and you have no past due payments of 30 days or more.

3.7 You will not be eligible for any Coaxim promotions or upgraded service levels for television, Internet or any other services if your account is not in good standing and you owe a past due payment.

3.8 If you are leasing, renting or borrowing a receiver, modem or other equipment supplied to you by Coaxim you must return said equipment IN GOOD OPERATING CONDITION (normal wear-and-tear accpeted) or you will be charged the following fees for non-return: Receiver - $150.00; Remote Control - $50.00; Access Card - $90.00; Modem - $100.00. Subscriber agrees that Coaxim may pursue all avenues of collection, including use of collection agencies and authorizes Coaxim to prepare and submit credit charge slips using any of the charge cards on file to recover all charges and all other unpaid amounts due to (a) subscriber's failure to return equipment. (b) damaged or destroyed equipment (normal wear and tear accepted.) (c) other unpaid charges and reasonable legal fees resulting from the failure of subscriber to pay for television or Internet services.

3.9 COAXIM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING ADDITIONAL OR SUPPLEMENTAL FEES FOR SERVICES PROVIDED BY COAXIM, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING BY COAXIM. COAXIM MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH EMAIL TO YOUR REGISTERED ACCOUNT OR THROUGH THE U.S. MAIL TO THE MASTER ACCOUNT HOLDER.

3.10 If any such change is unacceptable to you, you may terminate your membership at any time. Your continued use of Coaxim following the effective date shall constitute your acceptance of such change. Your membership fees are not refundable in whole or part, and certain early service termination fees or charges may apply if you are under any contract for equipment or services or to any 3rd parties.

4.0 CUSTOMER INFORMATION

4.1 Collection and Storage. We maintain the following types of identity and billing information: your name, street address, telephone number(s), email address(s), length of membership, and payment information. We may also keep information on your communications with our Customer Service department, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard individual information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members individual information. Employees who violate Coaxim's privacy policies are subject to disciplinary actions, including termination where appropriate. For more information, refer to the Coaxim Privacy Policy.

4.2 We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on Coaxim's behalf.

5.0 THE INTERNET

5.1 Please be aware that Coaxim is a provider that allows access to the Internet, but is not the Internet. Coaxim does not control the content, services, or areas available through the Internet (with minor exceptions, such as the Coaxim website), and providers of Internet sites or services have separate data and privacy practices independent of Coaxim.

5.2 The Internet is not owned, operated, or managed by Coaxim or any of its affiliates. You agree that your Internet use is solely at your own risk and is subject to all applicable local, state, national, International and foreign laws and regulations. Neither Coaxim, nor its affiliates, shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available through the Internet, or your inability to access the Internet or any of its sites.

6.0 INTERNET SERVICE USAGE

6.1 Coaxim's unlimited Internet accounts are flat rate for normal and reasonable metered usage. As the previous sentence states, there are reasonable limitations on this usage. Those limitations are spelled out here and in the Coaxim Acceptable Use Policy. If the Subscriber is continuously using the Coaxim system, by means of acting as a provider of Internet services to others, then the usage is abusive, and serves as grounds for termination of the Member's account without a refund.

6.2 CONCURRENT USAGE: Coaxim Internet service is sold on the basis of providing private service to a single dwelling unit (one home or apartment unit). Using Coaxim's Internet service to broadcast transmission, via wired or wireless connection(s), to multiple homes or apartment(s) units or any other connections other than your single unit is strictly prohibited.

6.3 Disk Allotments: Members who subscribe to the Personal Connection Internet plan are allocated five megabytes of disk space for their home directory/web/ftp space. Members who subscribe to the Professional Connection Internet plan are allocated ten megabytes of disk space for their home directory/web/ftp space.

6.4 Emulators, IRCs, MUDs and other Servers: IRCbots or servers may not be run on Coaxim's system, except with the prior explicit permission from Coaxim. Bots found running will be terminated; files associated with them may be deleted.

6.5 Bandwidth/CPU usage: You may make whatever material you like available as long as it is legal and it does not generate traffic in excess of limits specified by Coaxim. For this reason, Coaxim does not allow hosting or storing of any adult-oriented materials here. If your Internet site suddenly takes up inordinately large amounts of bandwidth, we retain the right to restrict access to it for such interval as we deem necessary to maintain availability of bandwidth for all users. Similarly, your actions/processes may not consume an unreasonable amount of system resources/CPU cycles.

7.0 PROHIBITED INTERNET SERVICE USES

7.1 You may not use, or allow others to use, your Coaxim account, either directly or indirectly, to:

7.2 Spamming is strictly prohibited. "Spamming" is sending unsolicited email - whether "mass" or ostensibly targeted - to people who have not asked for such email. Spam is also posting a single cross-post to many newsgroups, or many individual posts to multiple newsgroups that are not related to the topic of your article, or where doing so is in violation of a group's charter or common use. Posting identical or nearly identical Usenet posts on a regular (daily, weekly) basis - with the exception of FAQ's and other informational content posts - is similarly prohibited. Spam sent via other networks, but referencing email addresses or websites at Coaxim is similarly prohibited. You may not use Coaxim as a drop off address for replies to Spam mail or Spam posts sent from other networks. We encourage the appropriate use of email and newsgroups, and we do not censor for content.

7.3 Coaxim maintains a "ZERO TOLERANCE" stance regarding copyright infringement. If Coaxim is notified that your Internet connection was used to facilitate the transfer of copyrighted material, for which you do not have permission, your account will be suspended/terminated immediately and without notice.

7.4 It is prohibited to "mount an attack" against our system or any other. This includes (but is not limited to): mail bombing, "hacking" or attempting to gain root access, tsunami or flood bots, annoyance utilities like "nuke" or "flash", employing packet sniffers, flood pings, etc.

7.5 Please see the Acceptable Use Policy for additional examples of prohibited conduct. Coaxim reserves the right to protect its Subscribers and Coaxim from offensive email communication, including, but not limited to, the right to block mass email solicitations, or "junk email."

8.0 WARRANTY

8.1 Member expressly agrees that use of Coaxim, Coaxim software and the Internet are at member's sole risk. Coaxim, Coaxim software, and the Internet are provided "as is" and "as available" for your personal use, without warranties of any kind, either expressed or implied, unless such warranties are legally incapable of exclusion. Coaxim provides the Coaxim service on a commercially reasonable basis and does not guarantee that members will be able to access the service at a time or location of their choosing. Coaxim's entire liability and your exclusive remedy with respect to use of Coaxim, Coaxim software, and the Internet shall be the replacement of any Coaxim software found to be defective. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Coaxim's liability shall be limited to the extent permitted by law. Coaxim does not endorse, warrant or guarantee any product or service offered through Coaxim, except as expressly provided elsewhere, and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

9.0 INDEMNIFICATION

9.1 Upon Coaxim's request, Member agrees to defend, indemnify and hold harmless Coaxim and its affiliated companies from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the Terms of Service by use of, or in connection with, the transmission of any content on Coaxim or the Internet by or through Members accounts. Coaxim reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member shall have no further obligation to provide indemnification for such matter.

10.0 TERMINATION

10.1 Either you or Coaxim may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with Coaxim, including, but not limited to, (1) any Terms of Service term, or policy or practice of Coaxim or (2) any amount or type of fees, surcharges, or billing methods, or change therein. You can terminate your membership by delivering notice to Customer Service at the numbers listed at the top of the page.

Your termination will take effect within a reasonable time after Coaxim's receipt of your notice as described above. Early service termination fees or charges may apply if you are under any contract for equipment or services or to any 3rd parties.

10.2 If your account is terminated or canceled, no refund, including any membership fees, will be granted; no credits will be applied to you or can be converted to cash or other form of reimbursement. Members whose accounts Coaxim has terminated may not access Coaxim without prior express written permission. Active Coaxim Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts must be concluded before you may re-subscribe to any television, Internet or other services from Coaxim.

10.3 Discounts on services or equipment will be void if customer terminates before the stated contract term. The full price of the equipment or service will be charged to the customer in addition to any contract termination charge.

10.4 If Member is under an equipment contract with DIRECTV and Coaxim, and in the event Member terminates service prior to fulfilling this 12-month commitment, Member agrees to return the receiver or equipment and all of its components in undamaged condition, or purchase the receiver for a price equal to $15.00 for each month of this 12-month agreement not fulfilled. Additionally, if Member does not fulfill the 12-month commitment of the DIRECTV receiver and equipment agreement and chooses not to exercise the option to purchase the receiver, Member will be subject to the following fees for damaged or unreturned receiver equipment: Receiver - $150.00; Remote Control - $50.00; Access Card - $90.00. Subscriber agrees that Coaxim may pursue all avenues of collection, including use of collection agencies and authorizes Coaxim to prepare and submit credit charge slips using any of the charge cards on file to recover all charges and all other unpaid amounts due to unpaid penalty fees or non-return or damaged equipment.

11.0 LAW

11.1 To the extent any conflict between this Agreement and the Policy exists, this Agreement shall take precedence. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the State of Washington govern the Terms of Service and your membership. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Member conduct may be subject to other local, state, and national laws. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Washington. Member further agrees and expressly consents to the exercise of personal jurisdiction in the State of Washington in connection with any dispute or claim involving Coaxim.

11.2 You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through Coaxim any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.

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