When Does Midco Shut Internet Off When Bill Not Paid?


Midco cable internet service (the “Service”) will be provided to you (“Customer”) on the terms and conditions set forth in this Subscriber Agreement (the “Agreement”) and in the Service Installation Checklist by Midco or one of its affiliates that owns and/or operates the cable television system in your area (collectively, “Midco”).

(a) Necessary Equipment Your computer equipment and software (the “Customer Equipment”) must meet the minimal requirements notified to you by Midco from time to time in order to utilize the Service. If you do not update the Customer Equipment on a regular basis, it may become insufficient to access the Service, in which case your sole and exclusive recourse is to stop using the Service. Midco may also provide additional equipment, such as an Ethernet card, filter, and wiring, which will be installed by Midco or its designee (the “Midco Equipment”). Customer represents that it owns or has the right to use the Customer Equipment in connection with the Service.

(b) Access to the Customer’s Location. Midco and its employees, agents, contractors, and representatives have permission to enter Customer’s premises (the “Premises”) to install, maintain, inspect, repair, and remove Midco Equipment. All of these services will be performed at a mutually agreed-upon time. If Customer is not the owner of the Premises, Customer shall provide Midco with the owner’s name and address, proof that Customer is authorized to grant access to the Premises on behalf of the owner, and (if necessary) written consent from the owner of the Premises, upon request. If a responsible adult is not present, Midco’s installers and technicians will not enter your house to perform services.

d) Equipment Relocation Midco Equipment will not be relocated or tampered with by the customer. If Customer wishes to move, Customer will contact Midco as specified in Section 11(a) for more information on the procedures for transferring Midco Equipment and Service to Customer’s new residence, if one is available. Customer understands that such relocation may result in additional expenses.

(d) Midco Equipment ownership. Midco or its designee will retain ownership of all Midco equipment at all times. All or part of the Midco Equipment may not be sold, transferred, leased, encumbed, or assigned to a third party. Customer will protect Midco Equipment in a fair manner. Customer agrees to pay Midco the full manufacturer’s suggested retail price for any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned Midco Equipment or part thereof, as well as any incidental costs incurred by Midco in connection with the replacement or repair of the Midco Equipment or part thereof, as set forth in Section 4(c) herein.

Backup Requirements (e) Installation, usage, inspection, maintenance, repair, and removal of Midco Equipment may cause a service interruption or damage to the Customer’s computer and other Customer Equipment. Prior to the installation of the Service and Midco Equipment, Midco highly advises Customer to back up any existing computer files. Customer acknowledges and accepts all risks connected with the installation and maintenance of the Service and Midco Equipment, as well as any failure by Customer to back up Customer’s computer and other Customer Equipment in a timely manner. MIDCO SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO, LOSS OR DESTRUCTION OF THE CUSTOMER’S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA, EXCEPT AS SET FORTH IN SECTION 1(G) BELOW.

(f) Configuration that is not recommended. Midco has advised Customer of the suggested minimum computer hardware requirements for the Service’s efficient operation (attached to this agreement). If Customer and Midco agree to install the Service on hardware that does not meet the recommended minimum computer hardware requirements (a “Non-Recommended Configuration”), Customer understands that I Customer will not be entitled to customer support for any issues other than the quality of the signal delivered to Customer’s cable modem, and (ii) the following limitations of liability will apply: MIDCO DOES NOT REPRESENT OR WARRANT THAT USING A NON-RECOMMENDED CONFIGURATION WILL ALLOW CUSTOMER TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, OR THAT USING SUCH A CONFIGURATION WILL NOT CAUSE DAMAGE TO THE CUSTOMER’S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA. MIDCO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE OR INABILITY TO INSTALL, ACCESS, OR USE THE SERVICE. Any additional limitation of liability set forth in the remainder of this Agreement is in addition to and shall not limit the preceding limitation of liability.

(g) Hardware and software provided by the customer. Except for Midco’s deliberate misbehavior. Midco assumes no responsibility for any damage, loss, or destruction of Customer Equipment. Customer must tell Midco in writing within two weeks of any such willful misconduct by Midco, and Midco will pay for the repair or replacement of the damaged parts up to a maximum of $3,000, and this shall be Customer’s only recourse relating to such action. MIDCO ASSUMES NO LIABILITY FOR ANY DAMAGE TO, OR LOSS OR DESTRUCTION OF, ANY SOFTWARE, FILES, OR DATA. Furthermore, opening Customer’s computer may void any warranties given by the computer manufacturer or other parties regarding the hardware or software of the computer. The customer agrees to the machine being opened in order to install the Ethernet card. AS A RESULT OF THE VOIDING OF ANY SUCH WARRANTIES, MIDCO SHALL HAVE NO LIABILITY WHATSOEVER.

End-User/Installation Software Licenses

Software Licenses (Installation/End User)

Warranties are disclaimed.


(a) Service Fees on a Monthly Basis. Customer agrees to pay the monthly service costs, plus any applicable franchise fees and taxes, as detailed in the Price List attached to this agreement, as amended from time to time in accordance with the terms of this Agreement (the “Price List”). This cost includes both the Midco Equipment’s monthly use and the Service’s monthly fees. At the time of installation, the fee for the first month of Service, as well as any applicable franchise fees and taxes, will be charged to Customer’s Visa, MasterCard, or cable account. The Service fee, as well as any applicable franchise fees and taxes, will be invoiced monthly in advance after that.

(c) Fees for installation. The installation fee is listed in the Price List, together with any relevant franchise fees and taxes. The installation fee, as well as any applicable franchise fees and taxes, will be charged to Customer’s Visa, MasterCard, or cable account at Midco’s discretion I at the time of installation, or (ii) in accordance with Midco’s then-current billing practices.

b) Payment Agreement. Customer agrees to pay all installation fees, monthly Service fees, applicable franchise fees and taxes, as well as any cable modem rental fees, if any. Customer hereby authorizes Midco to charge any fees, charges, and taxes, including those set forth in Sections 1(d), 7(c), and 10 above, to Customer’s Visa, MasterCard, or cable account. Any changes to the customer’s credit card account, billing address, or any other information that could hamper payment collection will be quickly reported to Midco.

(c) Failure to Pay; Late Payments If any payment owed to Midco is not collected in a timely manner, an administrative fee of up to $10 may be imposed, and the Service may be terminated. Customer may be asked to pay a reconnect fee in addition to all past due charges before the Service is reconnected if the Service is disconnected. Because it would be impractical or extremely difficult to determine or accurately estimate the damages suffered by Midco if Customer paid less than the full amount of its account, Customer agrees that Customer and Midco have attempted to fix fair compensation for Midco in the form of an administrative charge. Customer acknowledges that the administrative charge bears a reasonable relationship to Midco’s potential damages and is not disproportionate to any damages reasonably anticipated as a result of Customer’s account not being paid in full. Midco does not offer credit to its clients, and the administrative fee is not interest, a credit service fee, or a finance fee.

f) Price Variations Midco reserves the right, in line with Section 11(b) below, to amend its Service fees, installation charges, and administrative charges at any time.

f) Additional Costs. Customer acknowledges that by using the Services, Customer may be subject to costs in addition to those incurred by Midco. Charges may be incurred, for example, as a result of using some online services or purchasing or subscribing to other services. Customer accepts that all such charges, including all relevant taxes, are strictly his or her responsibility, and that Midco is not liable for any such charges or taxes.

Credit Inquiries (g) Midco has Customer’s permission to conduct inquiries and receive information about Customer’s credit history from others, enter this information in Customer’s file, and disseminate such information to appropriate third parties for reasonable business objectives.

(h) Errors in Billing. Customer must notify Midco of any billing inaccuracies or any claims for credit within six (6) months of when Service is supplied, according to applicable legislation.

(b) Information gathering. Midco collects, uses, and discloses information about customers’ usage of the Service as needed to provide the Service and conduct other legitimate business activities related to it. Midco may collect personally identifiable information about a customer’s preferences, which are reflected in the choices that a customer makes among the range of services offered as part of the Services, the time that the customer uses the Service, the menus and features that the customer uses most frequently, and other information about a customer’s “electronic browsing.”

b) Information Utilization When it is essential to provide the Service or to prevent illegal access to the Service or to customer data, federal law enables the gathering of information on customer use of the Service. With Customer’s written or electronic authorization, such customer information may also be utilized for other reasons. It is essential to provide the Service by collecting information contained in transmissions made by the customer through the Service directed at Midco, Internet websites, or other service providers to whom access is granted as part of the Service. Midco’s detailed business records are typically used to ensure that clients are appropriately billed, to send customers important information about the Service, to improve the Service’s quality, and for accounting purposes. Customer information is also used to help advertisers, merchants, and service providers fulfill requests and orders placed by customers; to understand customers’ reactions to various parts of the Service or the Internet; and to personalize the Service depending on customers’ interests. Midco uses this data to improve the Service, including the types of commercial communications sent to clients via the Service. Midco can use this information to protect the Service and its customers by tracking any illegal access to the Service or customer data.

(d) Information Confidentiality. Midco considers the obtained personally identifiable customer information to be private. Midco will disclose personal information about customers to third parties only when it is necessary to deliver the Service to customers or carry out related business activities, in the ordinary course of business, for ordinary business purposes, and at a frequency dictated by Midco’s particular business need, unless prior written or electronic consent is obtained. Midco personnel and employees of Midco’s affiliated legal entities, agents, and billing and collection agencies are all examples of people to whom information about customers may be shared in the course of Midco’s business. Midco maintains the right to reveal information to law enforcement agencies, a court, or another tribunal as required by law or in order to safeguard Midco, the Service, or the Midco Equipment.

Uses of the Service that are Prohibited

Customer shall not, directly or indirectly, use Midco Equipment or Service to:

(a) For any illegitimate purpose. It is forbidden to use the Midco Equipment or Service for the transmission or storage of any information, data, or material that violates any United States federal, state, or local statute, order, regulation, ordinance, or law. This includes, but is not limited to, posting or transmitting information that is obscene, unlawful, child pornographic, threatening, defamatory, or infringes on another person’s intellectual property or privacy rights.

(b) Post, transmit, or disseminate objectionable information, including, but not limited to, transmissions constituting or encouraging conduct that would be a criminal offense, subject to civil liability, or otherwise violate any local, state, federal, or international statute, order, regulation, ordinance, or law;

(c) Obtaining access to another person’s computer, software, or data without that person’s knowledge or consent;

(d) Impersonate Any Person or Entity: Or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers to conceal the origin of anything transmitted through the Service; or email or otherwise transmit spam or any other unsolicited or unauthorized advertising or promotional materials;

(f) Copy, Distribute, or Sublicense: Any Midco software, with the exception that Customer may make one copy of each software program for backup purposes only.

(g) Servicing, Altering, Modifying, or Tampering with Midco Equipment or Services, or allowing anyone else who is not authorized by Midco to do so;

(h) Restrict, Inhibit, or Otherwise Interfere: With any other person’s ability to use or enjoy the Midco Equipment or the Service, including, without limitation, by posting or transmitting any information or software containing a virus or other harmful feature; or by generating levels of traffic sufficient to obstruct others’ ability to send or retrieve information;

(j) Resell the Service or Charge Others to Use It: The Service is for personal use only, and Customer agrees not to use it to run an Internet Service Provider or any other business in competition with it.

Expiration and Termination

(a) Customer cancellation. Customer may terminate this Agreement at any time after the first thirty (30) days of service by giving Midco separate written notice; or verbal notice by calling Midco Customer Service (1.800.888.1300) or in person at a Midco Customer Service Center of such termination no later than one (1) business day prior to the start of the next billing month. Fees and charges will continue to accumulate until the date of termination, but all prepaid fees and charges for canceled Services will be returned.

(b) Midco’s termination. If Customer violates any of the conditions of this Agreement, Midco may terminate it immediately. Midco may also terminate the Service at any time for any reason by providing Customer with writing notice no later than thirty (30) days prior to the termination date. Fees and charges shall accrue through the date of termination if Midco terminates the Service for any reason other than Customer’s breach of this Agreement, but any prepaid fees and charges for canceled Services will be returned.

(c) Termination Obligations for Customers. Customer acknowledges that if this Agreement is terminated, Customer will:

I Customer will pay Midco in full for the use of Midco equipment and Service until the later of the effective termination date of this Agreement and the date on which the Service and Midco Equipment are disconnected and returned to Midco. Customer agrees to pay Midco on a prorated basis for any use of Midco Equipment or Services by Customer for a portion of a month;

(ii) Customer agrees to provide Midco, its employees, agents, contractors, and representatives access to Customer’s premises during normal business hours to remove Midco Equipment and other Midco materials. This removal will take place at a mutually agreed-upon time and in accordance with Section 1(b) of this agreement; and

(iii) The customer will ensure that all Midco equipment is returned to Midco. Customer agrees that Midco may bill Customer for the charges listed in Section 1(d) above if the Midco Equipment is not returned or is returned in a damaged state.

(c) Rights Retention. Nothing in this Agreement should be considered as limiting Midco’s legal or equitable rights and remedies. When a Customer’s account with Midco is terminated for any reason, Midco reserves the right to erase all data, files, electronic messages, and other material kept on Midco’s servers or systems.

e) A number of users. Customer acknowledges that he or she is signing this Agreement on behalf of all people who use the Midco Equipment and/or Service via the Customer Equipment. Customer is solely responsible for ensuring that all other users are aware of and abide by the terms and conditions of this Agreement. Customer further understands and accepts that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of Customer or any other user of the Customer Equipment using the Service and/or Midco Equipment. Customer agrees to pay and keep Midco harmless from any and all claims and expenses (including reasonable attorney fees) arising from any other user of the Customer Equipment’s usage of the Service and/or Midco Equipment. Customer is fully responsible for taking all necessary precautions to safeguard itself, Customer Equipment, and Midco Equipment, software, files, and data from any hazards posed by numerous users of the Service. The customer is solely responsible for keeping his or her account and password secure. Midco is not responsible for any claims, losses, actions, damages, suits, or procedures arising from the Customer’s account being shared with others or the Customer’s failure to adopt proper security precautions.

(a) Content Responsibility. Customer should be aware that some content on the Internet or otherwise available through the Service may be offensive to some people or may not comply with all applicable local laws, regulations, and rules. It is possible, for example, to gain access to pornographic or unpleasant content, which is particularly harmful to youngsters. Midco is not liable for any content found on the Internet or made available in any other way through the Service. Customer accesses and uses all content obtained through the Service at his or her own risk, and Midco disclaims any and all liability for any claims, losses, actions, damages, suits, or processes arising out of or otherwise pertaining to Customer’s access to such content. Furthermore, Midco assumes no responsibility for the content or availability of any website. Questions or concerns about material or websites should be directed to the content or website source.

c) Content distribution. Midco is not required to monitor transmissions made through the Service. Customer acknowledges and agrees, however, that Midco has the right to monitor such transmissions from time to time and to disclose them in accordance with Section 5 of this Agreement, as described in the Subscriber Privacy Notice, and as otherwise required to comply with any law, regulation, or other government request. Midco has the right to refuse to post or remove any information or materials, in whole or in part, that are objectionable, unwanted, or in violation of this Agreement in its sole discretion.

Characteristics of Service

Eavesdropping (a) Several cable and service subscribers use Midco’s facilities. As a result, there’s a chance that Customer will be “eavesdropped” on. Other cable and Service subscribers may be able to view and/or monitor Customer’s use of the Service as a result of this. Eavesdropping is a concern not only with Midco’s facilities, but also with the Internet and other services to which the Service provides access. Because of this danger, any sensitive or private information supplied or received by Customer is done so at his or her own risk, and Midco disclaims any and all liability for any claims, losses, actions, damages, suits, or processes originating from or otherwise attributable to such activities by Customer.

(b) FTP/HTTP Service Configuration When using the Service to access the Internet or any other online network or service, Customer should be aware that certain applications, such as an FTP (file transfer protocol) server or an HTTP (hypertext transfer protocol) server, may be used to grant other Service users and Internet users access to Customer’s computer. If a customer wishes to operate such programs, he or she must take the necessary security precautions. Midco disclaims any and all liability for any claims, losses, actions, damages, litigation, or processes resulting from, arising out of, or otherwise pertaining to Customer’s use of such apps, including, without limitation, damages resulting from unauthorized access to Customer’s computer.

(c) Sharing of files and prints. Because each Customer is a node on the network, the Service acts as a local area network (LAN). As a result, people from outside the Customer’s home may have access to his or her computer. Some software provides capabilities that allow other users to get access to the Customer’s computer and the program, files, and data stored on the computer across a network such as the Service and the Internet. Certain operating systems, for example, have file and print sharing features that, when enabled, allow other users to access the Customer’s computer even if the Customer is not using the Service. As a result, Midco suggests that the Customer connects just one computer to the Service and disables file and print sharing, as well as other features that allow users to access the Customer’s computer. Any Customer who chooses to use more than one computer to access the Service or who chooses to enable capabilities such as file sharing, print sharing, or other capabilities that allow users to gain access to the Customer’s computer does so at their own risk, and Midco shall have no liability for any claims, losses, actions, damages, suits, or proceedings arising out of or in any way related to such use.

Liability Limitation

(a) Except as expressly allowed in this Agreement or as otherwise prohibited by law, Midco has no obligation to Customer or any third party for:

I any direct, indirect, incidental, special, punitive, or consequential losses or damages, including lost profits, lost earnings, lost business opportunities, lost data, and personal injuries (including death), resulting directly or indirectly from, or otherwise arising in connection with, the Service and/or the Midco Equipment, or the use or inability to use the same, including, without limitation, any damage resulting from or arising out of Customer’s relinquishment of control over the Service and/or the Mid

(b) The limitations set forth in this Section 10 shall extend and apply to Midco’s (and their respective officers, employees, agents, contractors, or representatives) acts, omissions, and negligence that would otherwise give rise to a cause of action in contract, tort, or any other legal doctrine if not for this provision.

(c) Under this Agreement, Customer’s sole and exclusive remedies are those specifically stated in this Agreement. Because some states do not allow the limitation or exclusion of incidental or consequential damages, you may not be able to use these limits or exclusions. However, no damages under this agreement shall be greater than the amount paid by Customer for the Service in the 12 months prior to the claim.

(b) Modification. Midco reserves the right to update, modify, add, or remove sections of this Agreement and the Service offered herein at any time in its sole discretion. Midco will advise Customer of any such changes by prominently posting notice on the Service, or by sending notice via e-mail, postal mail, or other means. Customer’s continuing use of the Service after receiving notice of the change is deemed Customer’s acceptance of the change. If Customer does not agree to any such modification, Customer must cease using the Service immediately and notify Midco that this Agreement is being terminated in accordance with Section 7(a) of this Agreement. Any unused percentage of any monthly Service cost that has been paid in advance will be refunded to Customer.

c) The Law of the Land. The laws of the State of South Dakota shall govern this Agreement and be construed in conformity with them. Customer agrees to have any dispute arising out of this agreement heard in the courts of South Dakota and submits to the personal jurisdiction of the state of South Dakota. Customer may not file any claim, suit, or proceeding more than one (1) year after the cause of action originated, subject to Sections 5 1(g) and 4(h).

(d) The task. Midco may assign or transfer its rights and obligations under this Agreement to another party at any time by giving Customer written notice. At any time, Customer may not assign or otherwise transfer any of his or her rights or responsibilities under this Agreement.

d) Overarching. This Agreement, along with the policies referred to herein (as changed from time to time), constitutes the parties’ entire agreement and understanding with respect to the subject matter of this Agreement, and supersedes and replaces any and all prior written or oral agreements. If any part of this Agreement is found to be unenforceable, the unenforceable portion will be construed in accordance with applicable law to reflect the parties’ original intentions as closely as practicable, and the remaining parts will remain in full force and effect. Midco’s omission to insist on or enforce strict compliance with any term of this Agreement shall not be interpreted as a waiver of that term or right. Any provision of this Agreement shall not be modified by the parties’ course of conduct or trade practice. This Agreement is only for Customer’s benefit; no third party shall have any rights under it.

Midcontinent Communications owns the trademarks Midco and the Midco logo. All other trademarks are the property of their respective owners.