Terms of Service

 

Welcome to COBA SYSTEMS / FUTURE CABLE VISION / RAM EXPRESS Cable and Internet Network (Herein after PROVIDER).

This is a legal Terms of Service ("TOS") between you and Provider, governing your access to and use of all cable and internet services (the "Service").

BY CLICKING ACCEPT OR BY ACCESSING OR USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS TOS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you do not agree to this TOS, you may not use or access this Service.

Your are agreeing to this TOS in consideration of your use and access to this Service and other good and valuable consideration (the receipt and sufficiency of which are acknowledged), for the benefit of and all of its affiliates and service providers.

CONSENT TO MONITORING. THIS PROVIDER RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT THIS PROVIDER MAY (BUT IS NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THIS SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION AND IN CONNECTION WITH USE OF THIS SERVICE, AND MAY DISCLOSE ANY SUCH INFORMATION FOR PURPOSES OF ENSURING YOUR COMPLIANCE WITH THIS TOS, APPLICABLE LAW, COORPERATING WITH LEGAL AUTHORITIES, AND OTHERWISE PROTECTING PROVIDERS'S RIGHTS, PROPERTY AND INTEREST.

You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service.

You agree not to use this Service to engage in any prohibited conduct. Broadly stated, prohibited conduct is any conduct that is unlawful, infringing, tortuous or that is harmful (or puts at risk) to the Provider or any other party or property; that violates another party's intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property.

By way of illustration and not limitation, prohibited conduct includes using this Service to:

(i) intercept, divert or otherwise interfere with any communication,
(ii) violate the security or integrity of, or gain unauthorized access to, this Service or any other service, system or communication;
(ii) impose an unreasonable or disproportionately large load on any systems or infrastructure;
(iii) send "spam", chain letters, or other unsolicited communications to any party;
(iv) create a "mail drop" for such communications, or engage or permit e-mail relay services (e.g., "open mail relay");
(v) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication;
(vi) commit fraud;
(vii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence;
(viii) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data, or personal information;
(ix) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
(x) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(xi) send or receive material containing defamatory, false, or libellous material;
(xii) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
(xiii) send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships;
(xiv) engage in conduct that would expose the Provider or its service providers to civil or criminal liability; or
(xv) engage others in engaging in prohibited conduct. This list is not intended to be exhaustive. The Provider requires that you be a good Internet citizen when using this Service

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Provider, its subsidiaries, agents, distributors, service providers and affiliates, and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitations, reasonable attorneys' fees, resulting from your breach of any provision of this TOS or any warranty you provide herein, or otherwise arising in any way out of your use of this Service. The Provider reserves the right to take exclusive control and defence of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with the Provider in asserting any available defences.

CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any other available right or remedy, Provider reserves the right to, and you agree that Provider shall have the right, to:

(i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this TOS or abuse of this Service and to otherwise protect its interests (e.g., removing offending material, temporary or permanent filtering, blocking access, and suspending or terminating service),
(ii) investigate immediately and involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving this Service and
(iii) terminate your Provider membership. You agree that you will be liable to Provider for any damages incurred or amounts that are required to be paid by the Provider that arise out of or are related to your violation of this TOS, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.

YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. Although privacy and security are important to the Provider, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet generally.

You acknowledge that the Provider makes no assurance that your communications or activities will be or will remain private or secure, and agree that the Provider assumes no responsibility in that regard. You agree that you, and not the Provider are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". DUE TO THE DYNAMIC NATURE OF THE INTERNET ADVERTISED SPEEDS MAY NOT ACTUALLY BE ATTAINABLE. THIS SERVICE IS DELIVERED AT THE BEST POSSIBLE SPEED NOT AT A GUARANTEED SPEED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE PROVIDER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES:

(i)OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; OR
(ii) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR CORRECTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF PROVIDER IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS TOS; NO ADVICE OR INFORMATION GIVEN BY PROVIDER OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.

The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk for your use of this Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. The Provider may, but need not, provide screening of certain materials. Software products that enables screening of particular materials and information are commercially available and widely advertised in public media, including on the internet.

TERMINATION OF SERVICE; UPDATES TO THIS TOS. You agree that The Provider may, at any time and for any reason, change, terminate, limit or suspend this Service (in whole or in part) or your access to this Service. Upon any termination, your rights to use this Service will immediately cease. The Provider also reserves the right to upate or revise this TOS at any time without prior notice, and you agree that The Provider may do so. Your continued use of this Service following an update to this TOS signifies your acceptance of its revised terms.

You agree that: this TOS and your use of this Service shall be governed by the laws of the State of Texas, without regard to conflicts of laws principles, and the Provider shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the State of Texas, and you agree that such courts will have personal jurisdiction over you in such matters. You agree that this TOS is solely between you and the owner/operator of this Site. You agree that, if you are accessing this Service at a the Provider location Place shall be deemed third party beneficiaries of this TOS to the extent necessary for them to enforce the protections afforded to it under this TOS; this TOS does not create, and you and the Provider expressly disclaim, any other third-party beneficiary relationships.

You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this TOS or this Service shall be solely against the owner/operator that is providing this Service to you at this Provider location, and not any other party. Further, you agree that any action you bring that arises from or relates to this Service must be initiated within one year from the relevant date of your access to this Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this TOS is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision, and the remainder of this TOS will continue to have legal effect. You agree that this TOS constitutes the entire TOS between you and the Provider regarding its subject matter, and it supersedes any prior or contemporaneous TOSs between you and Provider regarding its subject matter. You agree that any notices given by you to Provider must be given by mail to 5111 N 10th Street #334 McAllen, TX 78504.

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