Argent Communications - Notices, Policies and Terms

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Notices, Policies & Terms

NOTICE

Argent Communications, LLC reserves the right to amend the information presented on this site at any time, without prior notification. Any information on this web site that contradicts the official policies of Argent Communications, LLC is considered invalid and unenforceable. Documents printed from this web site are only valid at such time as they have been inspected and accepted by authorized personnel. Our policies are subject to change without notice. Any policy listed on this website that conflicts with our current policy shall be void.

Argent Communications LLC Residential General Terms and Conditions of Service

In addition to these Residential General Terms and Conditions of Service ("General Terms"), You, individually, and on behalf of household members and guests, and any other person who uses the Services (collectively “You” or “Subscriber”) ), agree to be bound by the terms of service applicable to the residential Argent Communications LLC service(s) to which You subscribe (hereafter, "Service" or "Services"), as well as the Argent Subscriber Privacy Notice, which may each be found at www.Argentcommunications.com, under "Terms of Service/Policies" and "Your Privacy Rights," as such may be updated from time to time (collectively, the "Terms of Service") and are incorporated herein by this reference. In the event of any conflict between these General Terms below and the Service-specific Terms of Service, the Service-specific Terms of Service shall control. For purposes of these Terms of Service, all references to "Argent" mean Argent Communications LLC and any of its affiliates or subsidiaries providing Subscriber the Services (including third parties Argent may retain to provide the Services).

If Argent provides Argent Voice™ service in Subscriber's area, it will be provided through the Argent phone service affiliate servicing Subscriber's area.

Subscriber accepts these General Terms in any of the following ways: agreeing in writing, by phone, by email, online, in person; paying for the Service(s) and/or Device(s); breaking the seal on the box of the Equipment or Device; or activating, using, or attempting to use the Service, Equipment or Device. Subscriber should regularly consult Argent's website at www.Argent.com/policies/terms-of-service for updates. This is a binding legal document. In the event that a portion of the Services is terminated, or any aspect of it is changed, any remaining Service or replacement Service will continue to be governed by these General Terms and Terms of Service incorporated herein.

These General Terms and the Terms of Service do not apply to services sold under the Argent Business brand.

THESE GENERAL TERMS CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST ARGENT MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT SUBSCRIBER'S RIGHTS UNDER THESE GENERAL TERMS WITH RESPECT TO ALL SERVICES. SEE SECTION 28 FOR DETAILS ON THESE PROVISIONS.

1. Charges and Billing

a. Payment of Charges: Billing may commence on or after the earlier of (a) the activation of any Service or Device, or (b) 8 days after customer pickup or shipment by Argent of Devices or Equipment. Subscriber agrees to pay all charges associated with the Service(s), including, but not limited to, charges for installation, service calls, live-agent customer assistance, monthly subscription service, Equipment (as defined below), measured and per-call charges, applicable federal, state, and local taxes and fees, fees to recoup any applicable municipal, state and federal government fees, permitted fees and cost recovery charges, including without limitation, public, educational, and governmental access, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and programs supporting the 911/E911 system and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Services. If partial payment is made of any bill and without waiving its right to collect the full balance owed, Argent will apply that payment to any outstanding charges in the amounts and proportions that it determines.

b. Monthly Subscription Services: Subject to restrictions under applicable law, if any, and without abrogating Section 4 - "Argent Refund Policy/30-Day Guarantee", Subscriber shall be responsible for the full monthly charge (without pro-ration) for those Services that are offered on a monthly subscription basis to which the Subscriber has subscribed, regardless of Subscriber's termination of such monthly Service prior to the conclusion of the current monthly subscription service period, and for charges for per program, Pay Per View, On Demand, per event or program Video Services ordered or per unit or minute usage charges, or roaming used by the Subscriber or other Services ordered where charges are based on actual usage or on orders placed during the previous month. Unless Subscriber cancels Service on or before the last day of the current monthly subscription service period, Subscriber will be charged in full for Services the next monthly subscription service period. The monthly subscription service period can be found in Subscriber’s billing statement.

c. Remedies for Failure to Pay/Late Payments: Subscriber shall notify Argent of disputed charges or items within sixty (60) days of invoice receipt or online posting, or longer as required by applicable law. Failure to pay charges billed when due (including checks returned for insufficient funds) may result in suspension or disconnection of all Services, the removal of all Equipment and/or imposition of a late payment or service charge. If Subscriber has more than one account (business and/or residential) served by Argent, all Argent-provided Services at all locations may be subject to suspension or disconnection of Service in the event any one account remains delinquent and Argent may apply any funds received from Subscriber first to such delinquent account(s). Should Subscriber wish to resume Service after any suspension, Subscriber may be subject to reconnection fees. Should Subscriber wish to resume Service after termination of Service, Argent may charge fees for installation, service calls and/or activation and reserves the right to charge rates different from those in place at the time of disconnect. These fees are in addition to all past due charges and other fees. In the event collection activities are required, additional collection charges may be imposed.

d. No Credit Arrangements: Subscriber agrees and understands that by entering into the financial arrangement described herein, except to the limited extent Subscriber is purchasing devices (each a "Subscriber Purchased Device") from Argent under an installment plan agreement, Argent is not extending Subscriber any credit and therefore Argent and Subscriber are not entering into a consumer credit or similar transaction. Sales of any Subscriber Purchased Device(s) are final upon the earlier to occur of the effective date of any applicable installment plan agreement therefor or the opening of the respective packaging thereof, and Argent disclaims any and all responsibility for the returns, replacement, repair, or maintenance of such device(s), with respect to which the Subscriber shall look exclusively to the manufacturer of such device(s).

2. Electronic Payment Terms. Unless You subscribe to Argent’s Mobile Services, You may elect to make a one-time payment to be applied against the balance of your monthly billing statement through an electronic funds transfer or a debit or credit card charge. You may also elect to pay the balance of your monthly billing statement on a recurring basis by enrolling in the Auto Pay Service (collectively, the “Electronic Payment Services”). Argent Mobile subscribers must enroll in the Auto Pay service as a condition to receiving Mobile Services.
 

a) One Time Pay Authorization: By electing the One Time Pay service, You authorize Argent to charge/debit the bank account, debit or credit card that you designated (“Payment Method”) to make a one-time payment in the amount requested by You.

b) Auto Pay Authorization: By enrolling in the Auto Pay Service, Subscriber authorizes Argent to charge/debit electronically your Payment Method each month to pay the balance due on Subscriber’s account on the due date shown on your monthly bill statement. Argent will continue to charge/debit your Payment Method each month unless you cancel your authorization at least three (3) business days before the next scheduled payment date.

c) By using the Electronic Payment Services, You (i) represent that You are legally authorized user of the Payment Method and (ii) authorize Argent to store Your Payment Method for future use. Subscriber is responsible for ensuring that the Payment Method information is current and accurate at all times. Subscriber must notify Argent of any change in the Payment Method at least three (3) business days before the scheduled due date shown on your monthly billing statement for the month in which you want to make the change. If the change is made after this time, the change will not take effect until the following billing cycle for your monthly billing statement. In the meantime, Subscriber will remain responsible for taking appropriate actions to ensure that your monthly billing statements are paid when due.

d) Argent will notify You prior to the payment due date. The amount shown as due on the monthly billing statement will constitute notice of any variance in amount paid in the previous month. The balance shown as due on Your statement view will be deducted on or around the payment due date.

e) Subscriber has the right to revoke the recurring Auto Pay arrangement with Argent at any time, except for those services where Auto Pay is required. Any revocation of Your authorization to pay amounts due through the Auto Pay service will not take effect until after receipt by Argent, and will result in the discontinuance of Auto Pay bill payment(s). After cancelation of Auto Pay bill payment, You will be responsible for taking appropriate action each month to pay all amounts due as set forth on Your billing statement.

f) To get a copy a Subscriber's online Auto Pay confirmation for Subscriber's records, Subscriber must print or save such document to Subscriber's computer.

g) Subscriber must notify Argent of any change in account information or Payment Method. Subscriber can update account or Payment Method while speaking with one of our service representatives. It may take at least one billing cycle to update your new Payment Method. In the meantime, You will remain solely responsible for taking appropriate actions to ensure that payments are made when due. The Electronic Payment Services are provided for personal, non-commercial use only, and Subscriber is prohibited from using these services for any illegal activity or purpose, including payment fraud or identity theft.

h) You agree that Argent may provide You legal notices regarding the Electronic Payment Services, the Terms of Service, payments made, and other relevant information or records attributable to Your payment transactions. Subscriber may not revoke consent to receive such electronic notice, records, or disclosures.

i) It is Subscriber's responsibility to protect the confidentiality of any user name or password used in connection with the Electronic Payment Services. Subscriber shall not provide access to the Electronic Payment Services to anyone other than household members or delegated authorized users. If Subscriber believes Subscriber's password or other means to access the Electronic Payment Services has been lost, stolen, or otherwise compromised, Subscriber must notify Argent immediately at 855-707-7328.

j) Without limitation, Argent shall have no liability or responsibility for its inability to process or receive payments Subscriber makes or attempts to make using the Electronic Payment Services or otherwise to perform its responsibilities under this Section 2 in the event circumstances beyond Argent's control prevent Argent from doing so or otherwise affect Argent's ability to do so.

k) Subscriber is responsible for all fees and costs related to maintaining a valid payment method including processing charges or annual costs.

l) Subscriber’s use of the Electronic Payment Services, whether through Argent’s websites, interactive voice response systems or through any other means, is for Subscriber’s exclusive personal use. No payment processor or any other third party may use the Electronic Payment Services to make payments on behalf of Subscriber without Argent’s written consent. Any attempt to do so will be considered an unauthorized interference with the intended operation of the Electronic Payment Services and may result in Argent’s failure to process or accept payments from You.

ARGENT'S SOLE AND ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY FOR THE PROCESSING OR DEDUCTION OF AN INCORRECT TRANSFER OF FUNDS HEREUNDER SHALL BE THE RETURN TO YOU OF THE IMPROPERLY TRANSFERRED FUNDS.

3. Payment by Check; Returned Items; Third Party Processing: If Subscriber makes payment by check, Subscriber authorizes Argent to collect such payment electronically. Subscriber may not amend or modify these General Terms with any restrictive endorsements (such as "paid in full"), releases, or other statements on or accompanying checks or other payments accepted by Argent; any of which notations shall have no legal effect. Whether paying by check, Electronic Payment Services, or any form of electronic funds transfer from a banking account, Subscriber hereby authorizes Argent to collect any declined amount electronically from the subject account. In addition, Subscriber's Service may be suspended and/or terminated.

Subscriber shall be responsible for any payment processing fees incurred when using a third party to process Subscriber's payments to Argent. Any NSF charge is in addition to any charges Subscriber's financial institution may assess. If initially rejected, Argent will make additional multiple attempts to execute such electronic payment for up to 30 days following the initial refusal. At the end of the 30-day period, if there has not been a successful payment, the applicable of Subscriber's Auto Pay or One Time Pay authorization will be terminated.

4. Argent Refund Policy/30-Day Guarantee. Subject to additional provisions that may be applicable to equipment returns, new Subscribers (those who have not been Argent customers for 90 days prior to subscription) qualify to have all levels of subscription Service refunded/credited if not fully satisfied with the Service. Current Subscribers adding a new level of subscription Service qualify to receive a refund/credit only on those newly added Services not received within the previous 90 days. Such refund is valid for customers who pay for their first month of new or upgraded monthly recurring subscription Services. Pay-Per-View and other non-recurring subscription purchases are not refundable nor are any related installation fees that may apply. Subscriber is limited to one refund or credit per household for a maximum of 30 days of Service. Refunds/credits will be given only when request for cancellation of Service is received by Argent within 45 days of Billing Commencement 30 days from Billing Commencement, plus 15 day grace period. Any Equipment associated with the new subscription must be returned prior to release of refund/credit. Any state taxes, franchise fees and other fees or charges that may apply are the responsibility of the Subscriber and will not be refunded or credited. Other restrictions per any offer apply.

5. Service Bundle Discounts: Argent reserves the right to offer and Subscriber may elect to subscribe to a combination of Services for which a bundle discount applies ("Bundled Services"). In the event Subscriber terminates any Service component of such Bundled Services or Argent terminates such Service component based on Subscriber's failure to comply with the Terms of Service, Argent reserves the right to revert the pricing of the remaining Service(s) to the applicable undiscounted price for such Service(s).

6. Argent Property: All Argent-provided equipment distributed to and/or installed for use in the Subscriber's service location(s) by or on behalf of Argent ("Equipment") remains the property of Argent, except for the "cable home wiring" as defined at 47 C.F.R. § 76.804 ("Wiring") and excluding certain Subscriber Purchased Devices that Subscriber has purchased from Argent outright or under an installment agreement or any other device ownership of which Argent has conveyed to Subscriber (e.g., modems, streaming or edge devices; collectively, "Conveyed Devices"). Equipment and Wiring installed at the Subscriber's Service location are intended to remain at the specific Service location and must not be used or relocated off such premises without Argent authorization. Subscriber must return all Equipment upon substitution of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with Argent's then current schedule of charges for non-returned Equipment, which amount shall be due immediately. Subscriber agrees to pay such charge whether the Equipment is lost (through theft or otherwise), damaged or destroyed.

7. Disruption of Service: All Services are provided on an "AS IS" and "AS AVAILABLE" basis. In no event shall Argent be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Argent's reasonable control. Subject to applicable law, Argent may give credit with respect to Subscriber's recurring monthly subscription fee for qualifying outages of Services.

8. Equipment: Excluding certain Subscriber Purchased Devices sold by Argent for which separate terms and conditions may apply or Conveyed Devices, Argent will repair and/or replace damaged or defective Equipment, if any, as long as such damage or defect was not caused by misuse or other improper operations or handling by Subscriber. Argent shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. Argent is not responsible for the maintenance or repair of Subscriber-provided equipment, including but not limited to connected devices, mobile devices, home telephones, computers, modems, televisions, Subscriber Purchased Devices, Conveyed Devices, or any other related Subscriber-provided equipment. A service charge may be imposed upon the dispatch of a technician if there is damage to Equipment due to negligent use or abuse or if no fault is discovered in Argent's system or Equipment. Argent makes no warranties, with respect to Equipment or Service provided by Argent or with respect to the compatibility of the Service or the Equipment with any Subscriber-provided equipment.

ALL EQUIPMENT, WIRING, SUBSCRIBER PURCHASED DEVICES, AND CONVEYED DEVICES ARE PROVIDED "AS IS", AND ARGENT HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE.

ARGENT SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT, WIRING, SUBSCRIBER PURCHASED DEVICES, OR CONVEYED DEVICES. ARGENT HEREBY DISCLAIMS ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR LOSS, LIABILITY OR DAMAGES ARISING FROM USE OF SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN THE SUBSCRIBER AND THE MANUFACTURER OF SUCH DEVICES.

Argent's sole obligation and Subscriber's sole remedy with respect to any liability or damage caused by Subscriber's use or deployment of Equipment or Wiring shall be a refund of fees paid by Subscriber for such Equipment for the previous billing month/cycle.

9. Subscriber Property: Argent assumes no responsibility and shall have no responsibility for the condition or repair of any Subscriber Purchased Devices, Conveyed Devices, or Subscriber-provided equipment/software. Subscriber is responsible for the repair and maintenance of Subscriber Purchased Devices, Conveyed Devices, and any other Subscriber-provided equipment/software. Argent is not responsible or liable for any loss or impairment of Argent's Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Purchased Devices, Conveyed Devices, or Subscriber-provided equipment/software.

Notwithstanding anything to the contrary, Subscriber agrees to allow Argent and our agents the right (A) to install hardware in, (B) send software downloads to, and (C) install, access configure, maintain, inspect or upgrade Subscriber Purchased Devices, Conveyed Devices, or any other Subscriber-provided equipment to the extent necessary to provide Service. Subscriber warrants that Subscriber is either the owner of such equipment or that Subscriber has the authority to give Argent access to it.

10. Taxes/Fees: Subscriber agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the Services, the Equipment, Wiring, Subscriber Purchased Devices, Conveyed Devices, or installation or service charges incurred with respect to the same (including franchise fees).

With respect to fees and taxes, including franchise fees, imposed by applicable government and regulatory authorities, Argent will review the amount it collects in such fees and taxes on a quarterly and annual basis. In the event Argent determines that it has collected any fees and/or taxes in excess of sums due to governmental and regulatory authorities, Argent will begin refunding such excess fees and taxes to current subscribers within 15 months of the end of each calendar year. Please be aware that, by law in some cases, Subscriber may be billed for taxes and fees that relate to time periods before Subscriber began receiving Services. However, by law, Argent will not bill Subscriber for these fees more than 4 years after the year they were incurred by Argent. Franchise fees resulting from an audit by the applicable franchising authority are incurred at the time those fees are assessed.

11. Care of Argent Property and Service: Subscriber agrees that neither Subscriber nor any other person (except Argent's authorized personnel) will: (A) open, tamper with, service, or make any alterations to the Equipment or Wiring; nor (B) remove or relocate any Equipment or Wiring from the service address of initial installation. Any alteration, tampering, removal, or the use of Equipment or Wiring which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations, constitutes theft of Service and is prohibited. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Argent shall relocate the Equipment for Subscriber within Subscriber's home at a time mutually agreed to by Argent and Subscriber. Subscriber may incur a charge for such relocation and should consult a current Argent schedule of rates and charges prior to requesting such relocation. If the Subscriber moves residences outside of Argent's service area, Subscriber shall notify Argent that these General Terms shall be terminated and the provisions of Section 16 shall apply to such termination.

12. Access to Subscriber Premises: Subscriber authorizes Argent and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber's premises to install, inspect, maintain and/or repair the Equipment or Wiring and, upon the termination of Service, to remove the Equipment from the premises. Argent's failure to remove its Equipment shall not be deemed abandonment thereof. If the installation and maintenance of Service are requested at premises that, in Argent's sole discretion, are or may become hazardous or dangerous to our employees, the public or property, Argent may refuse to install and maintain such Service.

13. Acknowledgments and Consent Regarding Recording of Communications and Contact Rights:

a. Recording of Communications. Subscriber acknowledges and agrees that all communications between Subscriber and Argent may be recorded or monitored by Argent for quality assurance or other purposes subject to applicable law.

b. Consent to Phone Calls and other Means of Communication. Argent may call, text or e-mail Subscriber or authorize others to call, text, or e-mail Subscriber on its behalf including but not limited to at any number or e-mail Subscriber provides to Argent (or that Argent issues to Subscriber) for communications pertaining to Subscriber’s account, Equipment, Service or other informational purposes. Subscriber may not revoke Subscriber's consent to receive collection-related communications or any other non-marketing communication/notice pertaining to Subscriber's account, Equipment or Service (e.g., default, service message, etc.), . If Subscriber's numbers are included on state or federal "do not call" lists, Argent will not call or text Subscriber for marketing purposes. Subscriber is responsible for charges for incoming text or e-mail messages on Subscriber's wireless phone(s).

c. Automated Calls. Argent (or persons acting on Argent's behalf) may use automated dialing systems or artificial or recorded voices to contact Subscriber or leave Subscriber messages if the call goes to voicemail.

d. Other Notices. Subscriber authorizes Argent to provide other notices to Subscriber using any method Argent determines appropriate, including by electronic means (for example, email or online posting).

e. Other Consents. Argent may ask Subscriber to provide other consents or authorizations, including by electronic means, email or Subscriber's equipment (for instance, using Subscriber's remote control to purchase a VOD movie, to request information regarding an advertiser's products or to "opt in" to a consumer study), and Argent is entitled to assume that any consent or authorization Argent receives through the Services or from Subscriber's location has been authorized by Subscriber.

f. Email Address for Notice. Upon Argent's request, Subscriber will provide Argent with a current email address that Subscriber regularly checks so that Argent may provide notices and communications to Subscriber at that address. Argent's right to contact Subscriber as described in this Section survives the termination of these Terms of Service.

g. Subscriber's Right to Opt Out of Certain Automated Calls. If Subscriber does not wish to receive marketing calls, messages, or texts from Argent via automated dialing systems or pre-recorded messages on Subscriber's cellular phone, Subscriber may visit our websites to manage communication preferences. Subscriber also agrees to allow Argent sixty (60) business days to honor Subscriber's request, and further agrees that Argent will not be liable for any calls or texts to Subscriber in the interim.

h. Subscriber understands that Argent will continue to use automated dialing systems or pre-recorded messages on Subscriber's cellular phone or landline to communicate non-marketing billing notifications, service notifications, appointment confirmations, and account status updates.

14. Secure Connection Requirements. Without abrogating or otherwise limiting Subscriber's separate obligations to secure Subscriber's account and equipment under the Terms of Service, Argent shall have the right to implement reasonable measures necessary to track, manage, and/or ensure the security of its network facilities, the video, phone, and/or Internet signals Argent transmits or receives, and the connection between any device or application used by Subscriber, members of Subscriber's household, Subscriber's guests, or any third parties and Argent's Equipment, system, or other network facilities (whether by physical, WiFi, wireless, software, or other means of connection), including without limitation authentication, access security, or other processes and means.

Without limiting any other rights Argent may have under the Terms of Service, Argent shall have the right to suspend, freeze, or otherwise cease Service or network access in the event and to the extent necessary to address any network or security concern that may arise with regard to activity on or through, conditions arising from or caused by the use, availability of, or access enabled at or through Subscriber's Service, Service location, equipment, or account.

15. Assignment or Transfer: These General Terms and the Services and/or Equipment supplied by Argent are not assignable or otherwise transferable by Subscriber, without specific written authorization from Argent.

16. Termination and Expiration:

a) Termination by Subscriber: Unless otherwise terminated, these General Terms shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. To terminate any recurring Service, Subscribers must call 855-757-7328, or provide a hardcopy written notice of termination to Argent delivered to 2 Digital Place, Floor 4, Simpsonville, SC 29681, and in any event, any such Subscriber-requested termination shall not be effective before the date Argent receives such request. Prior to effecting such termination or any other change to the account we will verify and authenticate your identity, confirm that you are authorized to request such changes, and confirm your election of such changes.

b) Termination for Bankruptcy: Argent shall have the right to terminate these General Terms immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.

c) Termination for Breach: In the event of any breach of the Terms of Service by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of Argent, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using any Service, these Terms of Service may, at Argent's option, be terminated and the Equipment removed. Failure of Argent to remove such Equipment shall not be deemed abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Argent in the event that Argent shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under these General Terms. Argent may terminate these Terms of Service or Argent may reject an application or block access to or use of any component of any Service for any reason including, but not limited to, if:

i. Subscriber violates these General Terms or the Terms of Service as solely determined by Argent;
ii. The information required in the application process is or becomes incorrect, absent or incomplete;
iii. Subscriber threatened or harassed any Argent employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.);
iv. Subscriber's Payment Method fails to compensate Argent; or
v. The amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of Argent.
vi. Subscriber further agrees that in the event of termination pursuant to subsections (b) or (c), Argent shall have no liability to Subscriber.

d) Obligations Upon Termination: Subscriber agrees that upon termination of the Terms of Service:

i. Subscriber will pay Argent in full for Services and Equipment through the end of the then-current monthly subscription service period.
ii. Subscriber will promptly return all Equipment to Argent. In the event that Subscriber fails to return any Equipment within ten (10) days of termination Subscriber shall be liable to Argent in accordance with Argent's then current schedule of charges for non-returned Equipment.

e) Renewal after Cancellation or Termination: Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of a Service, Subscriber shall be subject to the pricing, warranties, and Terms of Service as are effective at the time of such renewal.

17. Argent's Right to Pursue Remedies and Subscriber's Indemnification Obligations. If Subscriber breaches the Terms of Service, Argent has the right to seek compensation from Subscriber for such breach through arbitration or, if Subscriber has opted out of these General Terms' arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against Argent that arises out of Subscriber's relationship with Argent, the Services provided to Subscriber, the Terms of Service, or Subscriber's breach thereof or failure to comply therewith, Subscriber will indemnify, defend (at Argent's exclusive election), and release Argent from and against liability and reimburse Argent for any losses that Argent may incur, including reasonable attorneys' fees and costs, resulting from such claim. Subscriber's responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.

18. Security Deposit: Any security deposit required of Subscriber for the Equipment or Argent's Service will be due and payable upon the first monthly billing statement. Such security deposits will be returned to Subscriber within sixty (60) days of termination of Argent's Service so long as payment has been made for all amounts due on Subscriber's account and Subscriber has returned the Equipment undamaged. If Argent is holding a deposit on Subscriber's account, Argent has the right to apply the deposited amount against any outstanding balance or shortfall in payments.

19. Advance Payment: Advance payment may be required under certain circumstances including without limitation when specific Service offer conditions require it, Subscribers are unable or unwilling to provide information to establish credit worthiness or have an unsatisfactory credit rating. The advance payment will be equal to the applicable installation charge and one month of recurring charges, excluding taxes, fees and surcharges. The advance payment will appear as a credit and be applied to the first monthly bill. Argent reserves the right to refuse Service if the Subscriber fails to fulfill standard credit requirements. After Service has been established, the Subscriber will be responsible for the payment of all applicable charges, including taxes, fees and surcharges to avoid discontinuance of Service.

20. Content and Services: All Services are subject to change in accordance with applicable law.

21. Rates: All rates are subject to change in accordance with applicable law.

22. Late Fee: If Subscriber's account is past due, and payment has not been received by the due date on the billing statement, Subscriber may be charged an applicable late fee in addition to Subscriber's past due balance at Argent's then current rate. If Subscriber's account thereafter remains unpaid, Subscriber's Services may be suspended or disconnected. Subscriber can avoid incurring late fees by paying Subscriber's monthly bill by the due date on the billing statement. Any late fees assessed are not considered interest credit service charges, finance charges or penalties.

23. Disclaimer: Argent assumes no liability for any program, services, content or information distributed on or through the Services and Argent expressly disclaims any responsibility or liability for Subscriber's use thereof. Further, Argent shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.

24. Right to Make Credit Inquiries: Subscriber authorizes Argent to make inquiries and to receive information about Subscriber's credit experiences, including Subscriber's credit report, from others, to enter this information in Subscriber's file, and to disclose this information concerning Subscriber to appropriate third parties for reasonable business purposes.

25. Argent's Reservation of Rights: Argent reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, Argent will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Subscriber, and Argent will provide any prior notice of suspension or termination that is required by law.

26. Indemnification: Subscriber agrees to defend, indemnify, and hold Argent, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, "Argent Indemnitees") harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:

a. The installation, operation, provision, or other use of Argent Services and/or Equipment;

b. Any violation of Argent's Terms of Service, Acceptable Use Policy, or other published policies or requirements;

c. The negligence, willful misconduct, violation of a third party's rights, or failure to comply with applicable law by (i) Subscriber, (ii) members of Subscriber's household, or (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber;

d. Libel or slander resulting from any use of the Services by (i) Subscriber, (ii) members of Subscriber's household, (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber;

e. Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights (whether by transmission or material or otherwise) by (i) Subscriber, (ii) members of Subscriber's household, (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber, including that effected through combination of Subscriber's use of the respective Service(s) with facilities, equipment, or services provided or used by Subscriber or obtained from third parties;

f. unauthorized, unlawful, or fraudulent use of or access to the Services, except as otherwise provided by applicable law; and

g. Any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use of the 911 or E-911 service features and the equipment associated therewith, or by the use of any Voice Services furnished by Argent in connection with the 911 or E-911 service, including but not limited to, the telephone number, address or name associated with the telephone used by persons accessing 911 or E-911 service thereunder, and/or that which arises out of the negligence or other wrongful act of (i) Subscriber,(ii) members of Subscriber's household, (iii) Subscriber's guests, or (ii) any other person using the Services provided to Subscriber.

h. The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the Argent Indemnitees. Subscriber agrees that Argent Indemnitees are not liable for any damages or liability resulting from the loss of Services (whether Internet, Cable, Voice, or other Services), nor will Subscriber make any claims or undertake any actions against Argent Indemnitees for loss of Service. Subscriber shall be solely responsible for any damage to or loss of Argent Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of Argent Indemnitees.

LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF ARGENT AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).

UNDER NO CIRCUMSTANCES SHALL ARGENT BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, AGENTS OR SUBCONTRACTORS OF ARGENT, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. ARGENT'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY ARGENT OF ANY OBLIGATION ARGENT MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE CUSTOMER'S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY ARGENT. IN NO EVENT SHALL ARGENT'S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE GENERAL TERMS EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD.

SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST ARGENT THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER'S FAILURE TO COMPLY WITH THESE GENERAL TERMS.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE GENERAL TERMS.

27. Privacy Policy. Argent will provide Subscriber with a copy of its customer privacy policy at the time Argent provides Service to Subscriber, and annually afterwards, or as otherwise required by law. Subscriber can view the most current version of our privacy notice by going to www.Argent.com/privacy, and then "Your Privacy Rights." Subscriber assumes sole responsibility for all privacy, security and other risks associated with providing personally identifiable information to third parties via the Service. To the extent that Argent is expressly required to do so by applicable law, Argent will provide notice to Subscriber of a breach of the security of certain personally identifiable information about Subscriber. Subscriber agrees that Argent may collect and disclose information concerning Subscriber and Subscriber's use of Service in the manner and for the purposes set forth herein and in Argent's privacy policy. In order to protect the privacy of Subscriber's account information, Argent may require that Subscriber use a security code or other method, in addition to the user name and password, to confirm Subscriber's identity when requesting or otherwise accessing account information or making changes to Subscriber's Service through Argent's customer service representatives. Subscriber may also choose to designate an authorized user of Subscriber's account (an "Authorized User"), who will be able to access Subscriber's account information and make changes to Subscriber's account. Once established, an Authorized User may be required to authenticate his/her identity in the same manner according to Argent's policies.

28. ARBITRATION. The following provisions are important with respect to the agreement between Subscriber and Argent regarding Argent's Services memorialized by these General Terms.

PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. These General Terms require the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscriber in the event of a dispute.

Subject to the "Exclusions" paragraph below, Argent and Subscriber agree to arbitrate disputes and claims arising out of or relating to these General Terms, the Services, the Equipment, or marketing of the Services Subscriber has received from Argent. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.

THESE GENERAL TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.

A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled "Notice of Intent to Arbitrate" ("Notice"). The Notice to Argent should be addressed to: VP and Associate General Counsel, Litigation, Argent Communications LLC, 10 Benning St Suite 160 Box 235 West Lebanon, NH 03784 ("Arbitration Notice Address"). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, Subscriber or Argent may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of these General Terms.

The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these General Terms, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at "www.adr.org," by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.

ARGENT SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR'S FEES FOR CLAIMS OF UP TO $75,000. SUBSCRIBER IS RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT SUBSCRIBER INCURS IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF ARGENT UNDER APPLICABLE LAW.

If the arbitrator's award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act.

The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.

SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND ARGENT ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.

Unless Argent and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of Subscriber's billing address.

The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual's claim.

The parties agree that the arbitrator must give effect to the terms of these General Terms.

SUBSCRIBER AND ARGENT AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER'S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING

Furthermore, unless both Subscriber and Argent agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.

Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify Argent in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber may opt out by mail to the Arbitration Notice Address. Subscriber's written notification to Argent must include Subscriber's name, address, and Argent account number as well as a clear statement that Subscriber does not wish to resolve disputes with Argent through arbitration. Subscriber's decision to opt out of this arbitration provision will have no adverse effect on Subscriber's relationship with Argent or the delivery of Services to Subscriber by Argent.

Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.

For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from these General Terms, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.

EXCLUSIONS. SUBSCRIBER AND ARGENT AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:

(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY ARGENT ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.

(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS.

(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.

For New York Video Subscribers. Subscriber may elect to resolve a dispute through the New York Public Service Commission in accordance with 16 NYCRR § 890.709(a) and 16 NYCRR § 709(c).

The foregoing arbitration provisions shall survive the termination of these General Terms.

SUBSCRIBER HAS ONE YEAR TO BRING A CLAIM AGAINST ARGENT, UNLESS SUBSCRIBER OPTS OUT. Subscriber must bring any claim against Argent within one (1) year after the date on which the claim arose or, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If Subscriber does not bring a claim within this period, Subscriber waives, to the fullest extent permitted by law, all rights Subscriber has to such claim and Argent will have no liability with respect to such claim.

Subscriber may opt out of this Section, in which case the normal statute of limitations will apply. To opt out, Subscriber must notify Argent in writing by sending a letter to Argent addressed to VP and Associate General Counsel, Litigation, Argent Communications LLC, 10 Benning St Suite 160 Box 235 West Lebanon NH 03784 within 30 days of (a) the date that this provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber's written notice must include Subscriber's name, address, and Argent account number as well as a clear statement that Subscriber does not wish this Section to apply.

This Section shall survive the termination of these General Terms.

29. Force Majeure: Argent shall not be liable for any failure of performance or equipment of any kind (including Argent Equipment) due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electrical power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Argent, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

30. Survival of Terms. In addition to the terms that are specifically noted in these General Terms as surviving termination of these General Terms, all representations, warranties, indemnifications, and limitations of liability shall survive these General Terms. Argent's right to contact Subscriber shall also survive these General Terms unless Subscriber opts out in the manner described in these General Terms. All other obligations of Subscriber and Argent under these General Terms also survive termination if they relate to the period before termination or, if by their terms, they would be expected to survive such termination.

31. Entire Agreement: These General Terms (including the Terms of Service incorporated herein by reference) constitute the entire agreement between the Subscriber and Argent. No undertaking, representation or warranty made by an agent or representative of Argent in connection with the sale, installation, maintenance or removal of Argent's Services or Equipment shall be binding on Argent except as expressly included herein. Subscriber agrees that, if any portion of these General Terms is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If Argent fails to insist upon or enforce strict performance of any provision of these General Terms, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these General Terms.

Argent Communications LLC Residential Internet Services Agreement

THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF ARGENT COMMUNICATIONS LLC INTERNET SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE GENERAL TERMS AND CONDITIONS FOR ARGENT COMMUNICATIONS LLC RESIDENTIAL SERVICES, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

Argent Communications, LLC on behalf of itself and its affiliates and subsidiaries authorized to provide the services set forth herein ("Argent Communications LLC") will provide its Internet access service (the "Internet Service") to You ("Subscriber") in accordance with these terms and conditions, which terms and conditions incorporate and include the Acceptable Use Policy ("AUP"), the General Terms and Conditions for Argent Communications LLC Residential Services and the Argent Communications LLC Privacy Policy, as they may be changed from time to time (collectively, the "Terms of Service"), all of which may be found at www.Argent Communications LLC.com/policies/terms-of-service.html, under "Terms of Service/Policies" and "Your Privacy Rights."

Subscriber's use of the Internet Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Any user who does not agree to be bound by the Terms of Service should immediately stop their use of the Internet Service and notify Argent Communications LLC's Customer Service at 888-438-2427 to terminate the Internet Service. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. The Terms of Service constitute a legal binding document.

Argent Communications LLC regularly updates and amends these Terms of Service. Subscriber should consult Argent Communications LLC's website at www.Argent Communications LLC.com/policies/terms-of-service to be sure Subscriber remains in compliance.

1. Equipment: To use the Internet Service, Subscriber must meet minimum computer, device, in-home network and system requirements as identified by Argent Communications LLC.

a. Computer Equipment: The personal computer or device that Subscriber uses to access the Internet Service must meet minimum configuration standards. The minimum configuration standards may change, and Argent Communications LLC will make reasonable efforts to support previously acceptable configurations; however, Argent Communications LLC is not obligated to continue to provide such support. Argent Communications LLC may supply equipment such as modems, gateways, routers, or wireless cards, at no charge or for a one time or reoccurring fees, to operate the Internet Service. Subscriber acknowledges that such equipment may require

updates and/or changes to the software resident in the equipment, and that Subscriber may be required to perform such updates and/or changes. Notwithstanding, Subscriber hereby authorizes Argent Communications LLC to perform updates and/or changes, on-site or remotely from time to time as Argent Communications LLC deems necessary, in Argent Communications LLC's sole discretion. b. Argent Communications LLC does not provide technical assistance for third party hardware or software, including but not limited to home networks or gaming systems. Any questions concerning third party hardware or software should be directed to the manufacturer of that product. Argent Communications LLC is not responsible for the operation or support, maintenance or repair of any equipment, software or services that Subscriber elects to use in connection with the Internet Service. c. Subscriber will not connect any equipment, other than equipment authorized by Argent Communications LLC, to any cable modem outlet or port. Subscriber understands that failure to comply with this restriction may cause damage to the Argent Communications LLC network and subject Subscriber to liability for damages and/or criminal prosecution. Subscriber may not alter, modify or tamper with the Equipment or the Internet Service, or permit any other person, not authorized by Argent Communications LLC, to do the same.

2. Network Interface: When Argent Communications LLC installs the Internet Service, Subscriber will need a network interface card or adapter providing an Ethernet connection. Alternatively, subscriber may connect to a home networking device (commonly referred to as a router or gateway).

3. Cable Modem/Other Argent Communications LLC Equipment: Subscriber may obtain a cable modem from Argent Communications LLC or may purchase and use a cable modem purchased at retail from a third party, provided that such third party modem has been tested, certified and approved by Argent Communications LLC in accordance with our DOCSIS Modem Policy at www.Argent Communications LLC.com/policies/docsis-modem-policy.html.

4. Software: At the time of installation of the Internet Service, Argent Communications LLC may provide Subscriber with common Argent Communications LLC or third party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service. Argent Communications LLC does not support third party software. Any and all software provided by Argent Communications LLC is the property of Argent Communications LLC and/or its suppliers and licensors. Argent Communications LLC hereby grants Subscriber a nonexclusive, nontransferable license to install and use on Subscriber's computers, devices, and/or system(s) the software for use solely in connection with the Internet Service. Subscriber's license to use any software provided by Argent Communications LLC and its suppliers and licensors is contingent upon Subscriber's compliance with all use and other restrictions contained in the Terms of Service and the AUP. It is a material breach for Subscriber to copy, duplicate, reverse engineer or in any way modify, change, tamper with or interfere with any software provided to Subscriber by Argent Communications LLC. Upon any termination or expiration of the Terms of Service or the disconnection of Subscriber's Internet Service, this license will terminate and Subscriber agrees to then destroy all copies of the software that were delivered to Subscriber (including by erasing and deleting the software from Subscriber's computer system). Subscriber hereby represents and warrants to Argent Communications LLC that Subscriber owns the

operating system software and associated use/license rights thereto for the computers that are connected to the Argent Communications LLC network.

5. Security: Subscriber acknowledges and agrees that when using the Internet Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Subscriber's equipment. Subscriber is responsible for taking and should take all appropriate security measures when using the Internet Service. Subscriber assumes sole responsibility for Subscriber's equipment used in conjunction with the Internet Service and for providing and configuring any "firewall" or security measures for use with the Internet Service to prevent damage from viruses, malware, or other similar malicious items and to prevent unauthorized access to the Internet Service, and Subscriber, not Argent Communications LLC, shall be solely responsible in any manner for the effectiveness of these blocking and filtering technologies. Argent Communications LLC does not warrant that others will be unable to gain access to Subscriber's computer(s) and/or data even if Subscriber utilizes blocking and filtering technologies, nor does Argent Communications LLC warrant that the data or files will be free from computer viruses or other harmful components. Argent Communications LLC has no responsibility and assumes no liability for the protections Subscriber may employ nor for any damages that may arise from accessing the Internet. Subscriber shall not permit or enable any use of Subscriber's account or account passwords by any person not a member of Subscriber's household. Subscriber is responsible for any misuse of the Internet Service that occurs through Subscriber's account whether by a member of Subscriber's household or unauthorized third party.

6. Additional Features, Functionality and Tools: Any additional service features, functionality and tools that Argent Communications LLC offers may be further subject to specific terms of use and subject to charges, change, or removal at any time by Argent Communications LLC.

7. Cookies: Subscriber may access Subscriber's Argent Communications LLC e-mail account and support website at Argent Communications LLC.net, provided that Subscriber's browser is configured to accept cookies from www.Argent Communications LLC.net.

8. Monitoring the Internet Service and Privacy: Argent Communications LLC takes the protection of our Subscribers' privacy seriously. Argent Communications LLC has no obligation to monitor content; however, Subscriber agrees that Argent Communications LLC has the right to monitor the Internet Service (including but not limited to, content and Subscriber equipment as it may affect the Internet Service from time to time) in accordance with the Terms of Service, the AUP, and Argent Communications LLC's Privacy Policy. For content residing on Argent Communications LLC's servers, Argent Communications LLC reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content or other information in Argent Communications LLC's possession about or related to Subscriber, Subscriber's use of the Internet Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or Argent Communications LLC subscribers' information. For more information on Argent Communications LLC's approach to Subscriber's privacy, please refer to the Argent Communications LLC Residential Subscriber Privacy Policy.

9. Rights Infringement: Subscriber will not use, or allow others to use, the Internet Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is

not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Subscriber must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Subscriber represents and warrants that Subscriber is and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and Subscriber further represents and warrants that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. Argent Communications LLC assumes no responsibility, and Subscriber assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes. Argent Communications LLC is registered Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Argent Communications LLC if they believe that a Argent Communications LLC customer has infringed the copyright owner's work(s). If Argent Communications LLC receives a notice from a copyright owner alleging that Subscriber has committed copyright infringement, Argent Communications LLC will notify Subscriber of the alleged infringement. Argent Communications LLC may determine that Subscriber is a repeat copyright infringer if Argent Communications LLC learns that Subscriber has engaged in online copyright infringement on more than one occasion. Argent Communications LLC reserves the right to suspend or terminate the accounts of repeat copyright infringers.

10. Termination: Argent Communications LLC shall have the right to terminate the Internet Service upon any violation of the Terms of Service. Argent Communications LLC will not be responsible for the return of data stored on Argent Communications LLC's servers, such as web and e-mail servers if Subscriber's account is suspended or terminated.

11. Disclaimer of Warranties and Limitation of Liability.

a. No Warranty: Subscriber agrees that Subscriber uses the Internet Service and any software and equipment supplied by Argent Communications LLC at Subscriber's sole risk. The Internet Service and Argent Communications LLC equipment are provided on an "as-is basis", if applicable, without warranties of any kind including without limitation any warranties of title, non-infringement, fitness for a particular purpose and merchantability. Argent Communications LLC does not warrant uninterrupted use of Internet Service. Argent Communications LLC does not warrant that the Internet Service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware, denial of service attacks or other harmful components, even if countermeasures have been deployed. Argent Communications LLC does not warrant that any data or files Subscriber sends or receives via the Internet Service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to Subscriber's computer. This includes, but is not limited to, incidents of file sharing, print sharing, or use of other means that enable Internet users to gain access to Subscriber's equipment or to monitor Subscriber's activity and conduct while using the Internet Service. b. Anti-Spam Software: Subscriber acknowledges and understands that Argent Communications LLC utilizes anti-spam software and that such security technology is a feature of the Internet Service that may block incoming and outgoing electronic mail. Argent Communications LLC does not warrant that such feature will block all unwanted mail/spam or that all mail that is blocked constitutes unwanted mail/ spam. Consistent with other statements set forth in this

section, Argent Communications LLC does not warrant that such feature will be error-free. c. Security Software: In addition, in its sole discretion, Argent Communications LLC may make available to Subscriber security software, such as anti-virus software, firewall software, "pop-up" advertising blocking software, parental control software, and anti-spyware or anti-adware software for Subscriber's use on Subscriber's computer system in conjunction with the Internet Service. Any such security software provided by Argent Communications LLC to Subscriber is intended to provide only a minimal level of protection to Subscriber's computer system(s). Subscriber understands and agrees that Argent Communications LLC and its third party suppliers of any such security software do not guarantee its accuracy, efficacy or performance. Subscriber understands and agrees that Argent Communications LLC and its third party suppliers are not responsible for any damage to Subscriber's computer system(s) or the information stored on it that may result from the security software or its non-performance. d. Third Party Sites: When Subscriber uses the Internet Service and/or accesses Argent Communications LLC web sites, Subscriber may encounter links allowing Subscriber to visit web sites operated or owned by third parties ("Third Party Site(s)"). Argent Communications LLC provides these links as a convenience and they are not under the control or ownership of Argent Communications LLC. The presence of a link to any Third Party Site is not an endorsement by Argent Communications LLC of the Third Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Subscriber's use of any third party site is governed by the various legal agreements and policies posted at that web site. e. Bandwidth.

i. Subscriber understands and agrees that Argent Communications LLC does not guarantee that any particular amount of bandwidth on the Argent Communications LLC network or that any speed or throughput of Subscriber's connection to the Argent Communications LLC network will be available to Subscriber. Subscriber understands and agrees that the speed of the Internet Service provided at Subscriber's site will vary depending upon a number of factors, including Subscriber's computer system(s) and associated equipment (e.g., Subscriber-sourced WiFi routers/access points, etc.), Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Argent Communications LLC's control, and system failures, modifications, upgrades and repairs. Subscriber understands that Subscriber's wireless connections and use of wireless routers may be subject to greater fluctuations in speed and latency and may be adversely affected by interference, congestion, distance, and other outside factors.

ii. Subscriber understands that Argent Communications LLC may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with Argent Communications LLC's AUP. Subscriber should reference Argent Communications LLC's AUP for additional details.

iii. Subscriber further understands and agrees that, to allocate bandwidth across all of its users, Argent Communications LLC may employ reasonable network management techniques as

identified in Argent Communications LLC's AUP and Argent Communications LLC's Network Management Disclosure Statement.

iv. Subscriber's sole and exclusive remedies under the Terms of Service are as set forth in these Terms of Service. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Subscriber.

12. Limitation of Liability/Exclusive Remedy: Argent Communications LLC's entire liability and Subscriber's exclusive remedy with respect to the use of the Internet Service or its software and equipment, or any breach by Argent Communications LLC of any obligation Argent Communications LLC may have under these Terms of Service, shall be Subscriber's ability to terminate the Internet Service or to obtain the replacement or repair of any defective software or equipment provided by Argent Communications LLC to Subscriber. In addition, Argent Communications LLC shall not be liable for damages for failure to furnish, or the degradation or interruption of, any services, for any lost data or content, identify theft, for any TV, monitor or screen burn-in, monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause. Argent Communications LLC shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or the provision of the Internet Service.

13. Mailbox Deactivation: Subscriber agrees that Argent Communications LLC owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time for any reason, after which any associated mailbox content (e.g., emails, attachments, etc.) will be destroyed. Argent Communications LLC may also limit the number of new email addresses available per account. Argent Communications LLC may also limit the number of emails that can be sent within a specific time period, and if Subscriber does not access a Argent Communications LLC mailbox for an extended period of time as determined by Argent Communications LLC from time to time, Argent Communications LLC may lock the mailbox and prohibit the mailbox from receiving new email messages and/or reclaim the mailbox, including any sub-accounts associated with the mailbox. Subscriber understands that upon disconnecting from Argent Communications LLC's Internet service, Argent Communications LLC will suspend the account and delete the contents of the mailbox, if any, at that time.

14. Mail Storage: In no event will Argent Communications LLC be responsible for maintaining, and Argent Communications LLC will not guarantee storage of, such electronic mail for any period of time. Argent Communications LLC also reserves the right to enforce email storage limits.

15. Network Security and Management: Subscriber agrees that Argent Communications LLC may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam. Argent Communications LLC may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers as identified in Argent Communications LLC's AUP. Argent Communications LLC may take these actions, with or without notice, in situations where Argent Communications LLC believes, in its sole discretion that Subscriber may harm the Argent Communications LLC network or disrupt the performance of the Internet Service for other users or where Subscriber is transmitting or is otherwise connected with what Argent Communications LLC considers in its sole discretion to be spam or other malicious code or software. Subscriber agrees that Argent Communications LLC is entitled to damages if Subscriber is transmitting or is otherwise connected with spam or other malicious

code or software. Subscriber agrees Argent Communications LLC is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Subscriber agrees to pay Argent Communications LLC liquidated damages of five dollars (U.S. $5.00) for each piece of spam or other malicious code or software transmitted from or otherwise connected with Subscriber's account.

16. Additional Terms for Argent Communications LLC WiFi: Argent Communications LLC WiFi supported by the Argent Communications LLC-provided wireless router ("Argent Communications LLC Router") is a service available to certain subscribers and provides wireless access to the Argent Communications LLC Internet Service within the Subscriber's residence ("Home Network") and beyond the Subscriber's residence, for which Subscriber may be charged a fee consistent with Argent Communications LLC's then-current practices. The Argent Communications LLC Managed Router comes programmed with certain default settings and configurations for the Home Network. Subscriber may modify the default settings and configurations on the Argent Communications LLC Managed Router although Argent Communications LLC recommends maintaining the default configuration and settings. Argent Communications LLC does not guarantee the security of the Argent Communications LLC Managed Router and Subscriber's connection to the Internet Service via the Home Network. Argent Communications LLC WiFi accessed beyond the Home Network may be subject to additional terms and conditions imposed by the respective third party whose network the Subscriber may access. Argent Communications LLC is not responsible for the speed or performance of the Internet Service to the extent accessed by Subscriber on a third party network. Subscriber understands and agrees that Subscriber is solely responsible for the security of their Home Network and must enable and use encryption in order to access Argent Communications LLC-provided applications. Argent Communications LLC reserves the right to preconfigure the Argent Communications LLC Managed Router to distribute a wireless Internet access point (i.e. a Argent Communications LLC WiFi Hotspot) separate from the Home Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Subscriber for any purpose. Subscriber shall have the right to disable such Argent Communications LLC WiFi Hotspot, and shall not be responsible for the security of the WiFi Hotspot. The Argent Communications LLC Managed Router will collect and maintain certain information regarding access to and use of the Home Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Argent Communications LLC to provide the Internet Service and support, as well as for Argent Communications LLC's internal business analytics regarding the use of the Internet Service. Subscriber acknowledges and agrees that Argent Communications LLC shall have access to the network name and password associated with the Argent Communications LLC Managed Router in order to provide support and diagnostic services. Argent Communications LLC reserves the right to modify the network name and password for the Argent Communications LLC Managed Router in order to safeguard Internet security, the security and privacy of Subscriber's information, where required by law, and/or for other good cause to provide, upgrade and maintain the Internet Service, and protect the network, other users of the Internet, or our subscribers. Subscriber acknowledges that the Argent Communications LLC Managed Router is Argent Communications LLC Equipment.

17. General Subscriber Responsibilities and Warranties: When Subscriber completes registration for the Internet Service, Subscriber must establish an identity by selecting a user name and

password to be used by Subscriber to access the Internet Service. Subscriber is responsible for maintaining the confidentiality of their user name and password. Subscriber agrees that Subscriber is responsible for anyone using Subscriber's computer system, password or name or user name in connection with the Internet Service and for ensuring that anyone who does use the Internet Service through Subscriber's computer or access to the Internet Service, does so in accordance with the Terms of Service and the AUP. Subscriber agrees to take all reasonable measures necessary to ensure that the Internet Service is not used by another without Subscriber's consent.

18. Subscriber shall be responsible for procuring and installing patches, any and all anti-virus and firewall software/ hardware and operating system patches, up-dates, or supplements that may be necessary for (i) the protection and maximum functionality of Subscriber's computer and related equipment and (ii) the protection of Argent Communications LLC's network and other subscribers. For purposes of clarification, Argent Communications LLC hereby disclaims any and all responsibility and liability for any damages that may arise from Subscriber's failure to procure or install the aforementioned security software and /or hardware.

19. Amendment: Argent Communications LLC may, in its sole discretion, change, modify, add or remove portions of the Terms of Service at any time. Argent Communications LLC may notify Subscriber of any such changes by posting notice of such changes on Argent Communications LLC's website at www.Argent Communications LLC.com/policies/terms-of-service.html, under "Terms of Service/Policies", or sending notice via electronic mail or U.S. postal mail. The Subscriber's continued use of the Internet Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of the Terms of Service, Subscriber must immediately cease using the Internet Service and notify Argent Communications LLC that Subscriber is terminating the Internet Service. In addition, the Terms of Service are subject to change in compliance with applicable law.

20. Entire Agreement: The Terms of Service shall be posted at www.Argent Communications LLC.com, under "Terms of Service/Policies," and are the only terms and conditions that govern the Internet Service. No undertaking, representation or warranty made by any agent or representative of Argent Communications LLC in connection with the sale, installation, maintenance or removal of the Internet Service shall modify or amend the Terms of Service.

Argent Communications LLC Internet Acceptable Use Policy

In order to provide high quality customer service and to ensure the integrity, security, and reliability of the Internet Network of Argent Communications LLC and its respective affiliates and subsidiaries providing services ("Argent Communications LLC"), Argent Communications LLC has created this Acceptable Use Policy (AUP). This AUP applies along with the Terms and Conditions of Service governing the Subscriber''s use of Argent Communications LLC''s Internet and related services (collectively, the "Terms of Service"), Argent Communications LLC''s Privacy Policy and Argent Communications LLC''s Network Management Practices Statement, to specify use restrictions and requirements applicable to users of the Service. The Subscriber recognizes and agrees that the then current version of the AUP to be maintained by Argent Communications LLC and posted on Argent Communications LLC''s website will supersede all previous versions of this document and that Subscriber''s continued use of Argent Communications LLC''s Internet service will constitute Subscriber''s acceptance of this policy as it may be amended.

By using the Service, the Subscriber agrees to abide by, and require each user of the Service to abide by, the terms of this AUP and associated Terms of Service. Any user who does not agree to be bound by these terms must immediately cease use of the Service and notify the Argent Communications LLC Customer Service Department to terminate the account.

1. Use. The Service is designed for personal and family use (residential use only) within a single household. Subscriber agrees that only Subscriber and Subscriber''s authorized guests in the same household will use the Service. Subscriber is responsible for any misuse of the Service that occurs through Subscriber''s account, whether by a member of Subscriber''s household or an authorized or unauthorized third-party. Subscriber will not use, or enable others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Subscriber will not resell or redistribute, or enable others to resell or redistribute,

access to the Service in any manner, including, but not limited to, through the use of wireless technology. Argent Communications LLC reserves the right at its sole discretion to immediately suspend, terminate, or restrict use of the Service without notice if such use violates the AUP or the Terms of Service, is objectionable or unlawful, or interferes with Argent Communications LLC''s systems, or Internet Network, the Internet, or others'' use of the Service.

2. Prohibited Activities Using the System, Network, and Service. Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:

a. Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network. b. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network; c. Interference with Internet service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks. d. Forging the header of any transmitted information packet, email, or Usenet posting; e. Modifying or tampering with any hardware, software, or configuration provided by Argent Communications LLC including but not limited to: routers, switches, and cable modem configuration files. f. Reselling or otherwise redistributing the Service. g. Disrupting, degrading or otherwise adversely affecting Argent Communications LLC''s network or computer equipment owned by Argent Communications LLC or other Argent Communications LLC subscribers. h. Transmit unsolicited bulk or commercial messages commonly known as "spam." i. Assuming or assigning a Argent Communications LLC IP address that was not

allocated to the user by Argent Communications LLC or its network - all Argent Communications LLC Internet users must use DHCP assigned by the Service to acquire an IP address. j. Either of the following activities by a Subscriber using dedicated machines (also known as "machines" or "dedicated servers") or virtual dedicated servers (also known as "VDS", "VPS", "virtual machines", and/or "virtual servers"): (i) running a tunnel or proxy to a server at another host or (ii) hosting, storing, proxy, or use of a network testing utility or denial of service (DoS/DDoS) tool in any capacity. k. Because the Service is for residential use only, any use of the service for non-residential purposes is not permitted and may result in reduction in service, suspension, or termination at the sole discretion of Argent Communications LLC. Non-residential purposes include, without limitation, the following: l. Running any type of server on the system that is not consistent with personal, residential use. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCS, SQUID, NTP, DNS or any multi-user forums. m. Distributing in any way information, software or other material obtained through the service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner. n. IP address translation or similar facilities intended to provide additional access.

3. No Illegal or Fraudulent Use. The Service may be used only for lawful purposes. Subscriber will not use or allow others to use the service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.

4. Security/Abuse of Resources. User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abuse of resources include without limitation: open news servers, open SMTP servers, unsecure wireless routers, and unsecure proxy servers. In the instance when the Subscriber is using a wireless router, Argent Communications LLC requires that any wireless network be secure and encrypted. Open, unencrypted wireless networks are strictly prohibited. Should an issue arise, Subscriber is required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.

5. Network Management. Argent Communications LLC uses a variety of reasonable network management tools and practices consistent with industry standards. In the event the periods of congestion necessitate such management, Argent Communications LLC has available the following tools and practices (without limitation and as may be adjusted over time): (i) Subscriber Traffic Management (STM) technology to temporarily lower the priority of traffic with the greatest impact on peak congestion; (ii) spam filtering and detection techniques; and (iii) measures to protect the security and integrity of its network, resources and subscribers (e.g., IP reputation services from multiple sources to deny mail relay to suspect IPs of Argent Communications LLC IP space, real-time IP block lists to determine whether to accept a connection to inbound mail servers, port security techniques such as encryption and authentication, and email server- to-server traffic monitoring). In limited instances if employed, these techniques may affect the throughput rate at which subscribers may send and receive data, the ability of users to establish session connections within the network, or result in the delay of certain traffic during times of peak congestion. For more information about Argent Communications LLC''s network management practices and policies, please see the Argent Communications LLC Network Management Practices Statement.

6. Viruses. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, "Trojan horses", denial of service attacks, and bots. Argent Communications LLC will take appropriate (as decided by Argent Communications

LLC''s sole discretion) action against Users infected with computer viruses or worms to prevent further spread.

7. Enforcement. Argent Communications LLC reserves the right to investigate violations of this AUP, including the gathering of information from the Subscriber or other Users involved and the complaining party, if any, and the examination of material on Argent Communications LLC''s servers and network. Argent Communications LLC prefers to advise Users of AUP violations and any necessary corrective action but, if Argent Communications LLC, in its sole discretion, determines that a User has violated the AUP, Argent Communications LLC will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of not exclusive. Argent Communications LLC may take any other legal or technical action it deems appropriate.

8. No Waiver. The failure by Argent Communications LLC or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.

9.Revisions to Policy. Argent Communications LLC reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes on Argent Communications LLC's website at www.ArgentCommunications.com, under "Terms of Service/Policies," by email or by conventional mail, and will be effective immediately upon posting or sending. Subscribers should regularly visit Argent Communications LLC's website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber agreement and this Policy, the terms of this Policy will govern.

PRIVACY

This is a summary of the customer privacy policy for our cable television service. It is provided to you pursuant to federal law which generally protects personally identifiable information that you have provided to us or that we have collected about you using our cable system. We consider the privacy of our customers to be very important, and we are committed to keeping nonpublic personal information about our customers secure and confidential. In the following paragraphs we will describe the types of personal information we collect, what we may do with it, how we protect it, how long we keep the information, and your right to review it, to correct errors in it and to enforce your rights. With respect to our internal security procedures, we maintain physical, electronic and procedural safeguards to protect your nonpublic personal information, and we take reasonable precautions to prevent unauthorized access to this information.

 
  • 1. Customer information we collect -- We keep regular business records that contain your name, your billing and email addresses and telephone numbers and other personally identifiable information. These records include some, but typically not all, of the following information: your driver’s license number; social security number; bank and credit card account numbers used to pay for our services and other billing, payment and credit information; service options you have chosen; customer correspondence and complaint and maintenance records. If you rent your residence, we may have a record of whether landlord permission was required prior to installing our cable facilities as well as your landlord’s name, address and telephone number. We may combine the personally identifiable information that we collect as part of our regular business records with personally identifiable information obtained from third parties for the purpose of creating an enhanced customer database and records. We may maintain records of research concerning customer satisfaction and viewing habits which are obtained from customer interviews and questionnaires.

  • 2. How we use customer information -- We use the personally identifiable information we collect about you primarily to conduct business activities related to providing you with our cable services and other services, and to help us detect and prosecute theft of service. Generally we use this information for billing and collections, administration, customer surveys, marketing of our products and services, service delivery and customization, maintenance and operations, fraud prevention, disconnect and reconnect services, and our own tax and accounting records, statistics and demographic studies. We also use this information to identify you when inquiries or changes are made with respect to your account or the services that you receive. We may also electronically test the system from time to time to determine whether you are being properly billed for the Argent Communications services you are receiving.

  • 3. Disclosure of customer information to third parties -- We may disclose personally identifiable information about you to a third party if (a) you consent in advance in writing or electronically; (b) disclosure is necessary to conduct a legitimate business activity related to the cable service and other services we provide to you; (c) disclosure is required by law, legal process or court order; or (d) disclosure is made to a governmental entity as authorized under Chapters 119, 121 or 206 of Title 18, United States Code, except that such disclosure shall not include records revealing subscriber selection of video programming. Disclosure necessary to conduct a legitimate business activity related to the services we provide includes, but is not limited to, the release of personally identifiable information to employees, contractors, and other agents of the company to install, market, provide and audit cable service; to collection agencies if necessary to collect past due bills or unreturned equipment; to program suppliers (or their agents) to send program guides and for auditing purposes; to our attorneys and accountants if required for the proper functioning of our business; to third-party billing systems to prepare and send your bills, to a third-party purchaser of our cable system assets; and to our attorneys and/or law enforcement agencies if necessary for the detection and prosecution of theft of services or other unauthorized or illegal activities. The frequency of any disclosure of personally identifiable information varies in accordance with our business needs and activities. Unless you object, from time to time, we may also disclose your name and address for cable-related mailing lists and other purposes. We will not disclose the extent of your viewing or use of a particular service or the nature of any transaction you may make over the cable system. If you wish to remove your name from such lists or limit the use of your name at any time, please contact us in writing. Your written notification should NOT be sent with your payment, it should be mailed to your local Argent office. The local office address appears on the top left corner of your bill. If you have previously notified us, in writing, to remove your name from any mailing list, it is NOT necessary to notify us again. Please note, Argent Communications does not release the names and addresses of its customers to any third party except as it relates to providing legitimate cable-related services to our customers. 

  • 4. How do we protect the information - We follow standard industry practices and take such actions as are reasonably necessary to prevent unauthorized access to customers’ personally identifiable information by a person other than the customer or us. We cannot guarantee, however, that these practices will prevent every unauthorized attempt to access, use or disclose personally identifiable information. 

  • 5. How long do we keep information -- We will maintain information about you for as long as we provide service to you and for a longer time if necessary for related business activities. Ordinarily, we will keep records for at least six (6) years for tax reasons. When information is no longer necessary for our purposes, we will destroy the information unless there is a court order or a pending legitimate request or governmental order to inspect or maintain the information. 

  • 6. Your right to review and correct the information -- You have the right to inspect our records that contain information specifically about you, correct any error in our information, and enforce your rights under federal law. We will correct our records if you make a reasonable showing that any of the personally identifiable information we have collected about you is incorrect. We reserve the right to charge you for the cost of copying any documents that you request. Except for disclosures to a governmental entity as authorized under Chapters 119, 121 or 206 of Title 18, United States Code or when we are prohibited from notifying you by a court or administrative order, you generally have a right to advance notice and an opportunity to participate in a proceeding in which the government seeks to obtain your personally identifiable information from us. If you wish to inspect the records pertaining to you at our system office or review your statutory rights, please contact us to set up an appointment during regular business hours. Federal law limits our collection and disclosure of personally identifiable information as described above, and an aggrieved party may bring a private action in a United States District Court to enforce his/her federal rights, including recovery of statutory damages and costs. We regularly review our services, policies and practices as part of our commitment to improve the quality of services we provide to our subscribers. We may change these services, policies and practices in the future and, if that occurs, we will notify you of any material changes and the effective date of those changes through written, electronic or other appropriate means as permitted by law. If you find the change unacceptable, you have the right to cancel your service; however, if you continue to receive services after the effective date of any change, we will consider that your acceptance of the change.

TERMS AND CONDITIONS OF OUR SERVICES

In return for the timely payment of a monthly fee and other applicable service charges, we will provide to you the services that you select from the programming packages we offer. As required by federal law, you must first subscribe to our Limited Basic Service to buy other optional cable television services. Subject to applicable law, we have the right at any time to change the services and equipment that we offer to you, as well as prices and fees for such services and equipment. We also may rearrange, delete or add to or otherwise change the programming services provided by us. If the change directly affects the services you are receiving from us, we will provide you notice of the change and the effective date. The notice may be provided on your monthly bill, as a bill insert, in a newspaper or by any other permitted communication. If you find the change unacceptable, you have the right to cancel or change your service; however, if you continue to receive the service after the effective date of the change, we will consider this acceptance of the change.

OUR INSTALLATION AND SERVICE MAINTENANCE POLICIES

Absent unusual circumstances, our cable system will deliver a video and audio signal meeting all required standards to at least two television sets in your home or business. In addition, the installation and/or maintenance work we perform and the materials we use will be free from defects for a period of 90 days after such work is completed. If any defects in workmanship or materials are reported to us within 90 days of when the work is completed, we shall correct such defects without charge to you. Correction of such defects shall constitute our sole obligation, however. This obligation will not apply to defects resulting from abuse, misuse, tampering, acts of God, or repairs performed by unauthorized persons. We provide free service calls for any interruption of service resulting from the failure of our equipment, such as digital set-top boxes, that we install and continue to own, or from weather or other conditions clearly beyond the control of the customer. Other service calls including cable installation, repairs (such as failure of your equipment and cable home wiring that is not covered by the free service policy), and calls related to changes in the level of cable service will be billed at our standard rate.

LIMITATION OF OUR LIABILITY

The foregoing warranty is exclusive and in lieu of all other warranties, whether written or implied, in Equity or in law. We specifically disclaim all other warranties, including any warranties of merchantability or fitness for a particular purpose, unless otherwise prohibited by law. In no event shall we have any liability for special, indirect, incidental, or consequential damages arising out of our installation and/or maintenance activities or any materials furnished or used in connection with such activities (such as, but not limited to, losses or expenses due to inability to use the wiring or associated equipment), whether a claim is sought in contract, tort (including negligence), strict liability or otherwise.

CABLE HOME WIRING

Federal law defines “cable home wiring” as the internal wiring contained within your premises, which begins at the demarcation point. The "demarcation point" is defined by federal law as the point at (or about) 12 inches outside of where the wire enters the outside wall of your single family home or, in the case of an apartment building, 12 inches outside of where the cable wire enters the outside wall of your individual unit. Cable home wiring does not include any active elements such as amplifiers, digital set-top boxes or remote control units that may be located within your premises. Cable home wiring is your property and its maintenance, repair and replacement is your sole responsibility unless we specifically assume such responsibility in a written agreement with you.

INSTRUCTIONS ON HOW TO USE OUR CABLE SERVICE

Our cable television service is delivered by a broadband RF signal. We encode this signal with multiple visual, audio and text information. Our cable television signal may be split using conventional broadband splitters available through us or competitive sources. Directional switches or A/B switches also may be used to alternate between our RF signal and other broadband RF signals provided by competitors. Customer-owned equipment, such as cable-ready digital television sets with QAM capable tuners or cable ready digital video recorders (DVRs) generally are capable of directly receiving the non-scrambled portions of our broadband signal. You can receive these unscrambled signals typically by selecting the appropriate channel number on a cable-ready digital television, DVR or digital set-top box. We also scramble a portion of our broadband signal, including our non-basic service tiers, premium and pay-per-view channels and our high definition and other digital video, audio and text services, to secure it from unauthorized use.

CHANNEL POSITIONS OF BROADCAST PROGRAMMING CARRIED ON OUR SYSTEM

Federal law requires us to inform you of any broadcast stations that cannot be viewed without a digital set-top box. The specific broadcast stations that we carry on our cable system are listed in the Limited Basic Service portion of our channel line-up and each can be viewed without the use of a digital set-top box if you have the correct equipment. If you want to view without a digital set-top box the standard definition and high definition digital broadcast signals that we offer, you will need to have a cable-ready digital television set with a QAM capable tuner or such other device that can receive such unscrambled digital broadcast signals.

BILLING AND COMPLAINT PROCEDURES

You will be billed monthly for services. We bill for our current month’s service in advance and we bill for pay-per-view and video on demand services following their delivery. All charges are due upon receipt of our invoice. Our billing cycles vary by region; payment is expected by the due date identified on our monthly statements. Balances which remain unpaid 45 days after the billing date will be subject to disconnection. Reconnection fees will be charged to restore service. There is a fee charged for returned checks. You will be billed for chargeable work at our standard service rates. We will issue a credit or refund for any billing error which is brought to our attention by you within 60 days of the invoice date. If we receive partial payment of any amounts you owe, we will apply such payments first to any outstanding amount due for telephone service if you are a telephone customer and then to the oldest outstanding invoice and any remaining amounts will be applied to any other invoices in the amounts and proportions as we reasonably determine.

We urge you to call us any time you have questions or concerns about your service, equipment or any other aspect of the cable television service which we take pride in providing to you. 

LATE OR NON-PAYMENTS AND COLLECTION COSTS

You may be billed fees, charges and assessments related to late payments or non-payments if for any reason (i) we do not receive from you by the payment due date any required payment for the services we provide you or (ii) you pay less than the full amount due for the services. If we are required to use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include but are not limited to any collection agency’s fees, reasonable attorneys’ fees and arbitration or court costs.

SIGNAL QUALITY COMPLAINT PROCEDURES

We are dedicated to providing quality cable television service to our customers and to assuring that any problem that may arise is resolved to the customer’s satisfaction. These customer service procedures, in addition to many other issues, are covered in informational materials provided to you at the time of installation and annually thereafter. This notice summarizes the procedures to follow to help us resolve problems you may have with the quality of the television signals that we deliver to you. 

 

OFFICE OF THE ATTORNEY GENERAL
CONSUMER PROTECTION AND ANTITRUST BUREAU
33 CAPITOL STREET
CONCORD, NEW HAMPSHIRE 03301
Tel.: (603) 271-3641
Fax: (603) 223-6202

  • 1. We do everything possible to make sure the picture you receive is the best it can possibly be. If you’re experiencing reception problems, there could be a quick, easy solution right in your home. Before you call us, please review the following troubleshooting checklist: (1) Make sure your TV and the digital set-top box are plugged into a live electrical outlet and are turned on. Press the ‘On’ button. (2) For digital set-top box use, make sure your TV is tuned to channel 3 (channel 4 for some televisions) by pressing the ‘Channel’ button on your remote. (3) Hand-tighten all the connections to your TV, VCR, DVR and other video equipment. (4) Switch all cable-ready TVs to “CATV.” (5) If you have more than one cable outlet, check to see if the problem is occurring on all TVs connected to our cable television service. (6) Check all the channels to determine if the problem is on only one channel, on all channels, or on a group of channels. (7) Make sure the batteries in your remote are working properly. If you continue to experience a problem with picture or signal quality, you should review your TV, VCR, DVR and/or digital set-top box manual for proper adjustment. If the problem does not clear up, you should call our office and describe the problem to a Customer Service Representative (CSR). Our business office hours and telephone numbers can be found on your monthly statement. Alternatively, if you wish to put your comments in writing, your letter should be addressed to Argent Communications at the mailing address listed on your monthly statement. 

  • 2. We will make all reasonable efforts to resolve any complaints you have concerning the quality of our signals promptly and efficiently. Our CSRs and Service Technician staffs are well trained and have the authority to do whatever is reasonably necessary to solve your problem or initiate the solution, including replacement of any non-operating Argent Communications-provided equipment to provide quality service. 

  • 3. When you call about a service problem during normal business hours, all complaints received concerning the technical quality of the cable television signals will be logged in on the day of receipt. The date, time, and nature of your complaint will be noted, as well as your name, address, and telephone number. A CSR will attempt to determine the nature of the problem and, if possible, will help you resolve the problem over the phone. If the problem cannot be resolved during the call, the CSR will schedule a service appointment with you, usually within 72 hours of the time you call, excluding weekends and holidays. If our workload permits, the CSR will attempt to schedule a service appointment for same-day service. In order to correct the problem, we may need access to your premises. If access is not granted, we will ensure our service is working properly from the origination point of the service drop wire connecting your residence to our cable system network. Without access, we cannot check the service integrity of the residential in-home wires, connectors or the equipment we provided you to receive our service. If our service technician is unable to correct the problem to your satisfaction we will, at your request, schedule a second service appointment. If we remain unable to correct the problem, you will be notified of this fact and the reason why. There is currently no charge for service appointments if our equipment causes the problem. 

  • 4. If you call about a service problem outside of regular business hours, an answering machine may answer the call. Please leave both your home and work telephone numbers... We will call you back during normal business hours the next working day to resolve the matter. 

  • 5. Emergencies that affect signal quality such as fallen poles, violent storms or very cold weather may interfere with the reception of your cable service. We are committed to having one of our crews promptly correct an emergency situation. We pledge immediate response at any time if a large area of the system is experiencing technical difficulties. 

  • 6. If you are unable to get a problem resolved to your satisfaction, you may submit your complaint to us in writing. We will maintain complaint records for at least a two-year period. In addition, those records will be available for inspection by the local franchising authority or the Federal Communications Commission (FCC). If you are not satisfied with our handling of your complaint, you may contact the local franchising authority as well as the NH Attorney General’s Office which has a Consumer Protection and Anti-Trust Bureau. You may contact them for any consumer complaints not resolved in writing with Argent Communications. Contact information for the NH Attorney General is as follows:
 

“The Consumer Protection and Antitrust Bureau acts to protect consumers from unfair or deceptive trade practices in New Hampshire. When a business does not provide services or products, misrepresents its services or products, or does not provide quality services or products, the Consumer Protection and Antitrust Bureau may question the business practices and seek appropriate measures to remedy the situation on behalf of the State of New Hampshire. The Bureau's mission also includes consumer education and outreach. The best consumer protection is widespread public awareness of consumer's rights and common scams to prevent problems. This website is designed to provide such essential information to New Hampshire's consumers.” – Taken from the NH Attorney General’s Consumer Protection Website.

To contact Argent Communications you may do so by phone or in writing. Contact information is as follows:

 

ARGENT COMMUNICATIONS, LLC
10 BENNING STREET
SUITE 2, BOX 235
WEST LEBANON, NH 03784-0235
TEL (877) 295-1254

EQUIPMENT COMPATIBILITY

As part of our efforts to keep our subscribers informed, we are pleased to provide the following important information regarding how our system works with the equipment that you use to receive our cable television services, such as your TV, VCR, DVR and other video equipment.

 

"Cable-Ready" and "Cable-Compatible" Equipment

 

One of the reasons you may subscribe to Argent Communications is that we offer many more channels of programming than you are able to receive off air with an antenna. Customers may have TVs or other video equipment that can tune to all of the non-scrambled channels we provide. Others may have older sets that do not tune to the upper cable channels. To ensure that you receive all the channels Argent Communications offers, we can lease you a digital set-top box or boxes as necessary for a low monthly fee.

Even if you have a TV or other video equipment that was advertised as being “cable-ready” or “cable-compatible” when you purchased it, the equipment may not perform as you expected when connected directly to a cable television system; i.e., without a digital set-top box. This is because no standards formerly were applicable to TV manufacturers regarding the reception of cable television channels such as Argent provides. According to current federal regulations, however, TVs and other video equipment sold in the US cannot be called “cable ready” or “cable-compatible” unless they comply with technical requirements adopted by the FCC, including the ability to tune cable channels properly.

You also may encounter other problems or interference when your TV or other video equipment is connected directly to cable. For example, you may encounter interference from over-the-air broadcasts or an inability to receive higher cable channel numbers. These problems often are solved through the use of a digital set-top box, which is available through Argent for a monthly fee. The digital set-top box will “convert” the cable channels to a designated channel (usually channel 3 or 4) on your TV. The process of converting all of our channels to a designated channel means that you can only receive one channel on your TV at a time through the digital set-top box. You consequently may be unable to use certain features of your TV or other video devices without additional equipment.

"Adult At Home" Policy

Our company’s policy is that our installers and technicians will not enter your home to perform work if a responsible adult is not present. We recognize that this may cause inconveniences for some of our customers, but we feel strongly that this policy is essential to protect both you and our employees.

THEFT

Federal law contains both civil and criminal penalties for the unauthorized use or theft of cable services and for manufacturers, suppliers and users of unauthorized devices that facilitate the theft or unauthorized use of cable services. This federal theft-of-service law supplements any existing state or local laws, and provides a remedy against any person who, without authorization, intercepts or receives any communication service which is provided over a cable system. This would include the theft of audio, video, textual data or other service, including data transmitted to or from a customer over a system that has interactive capability.

Cable theft increases our costs in delivering quality service to our customers. We prohibit tampering with our equipment or the use of any equipment to receive unauthorized broadband or other communications services. We will take action to deter theft of service, including service termination, restitution, civil actions for legal damages and, in some cases, criminal prosecution.