High speed internet service addendum

This document is RCNWaveGrandeenTouch‘s High Speed Internet Service Addendum (“Service Addendum”) to RCNWaveGrandeenTouch‘s online Internet Access Agreement.

This Service Addendum sets forth the terms and conditions under which RCNWaveGrandeenTouch will provide RCNWaveGrandeenTouch‘s High Speed Internet Service to you, the customer. It contains a binding arbitration provision in Section 16 below that affects your rights under this Service Addendum with respect to your Access Service.

1. The Service

1.1. RCNWaveGrandeenTouch will provide High Speed Internet Service (the “Service’) to a single computer connection, or to certain RCNWaveGrandeenTouch-provided equipment, in the customer residence. The Service is provided in accordance with the provisions of RCNWaveGrandeenTouch‘s online Customer Terms and Conditions, the RCNWaveGrandeenTouch Internet Access Agreement (including RCNWaveGrandeenTouch‘s Online Policies), and this RCNWaveGrandeenTouch High Speed Internet Service Addendum (including all Riders hereto set forth below). Rider A

RCNWaveGrandeenTouch will provide: (i) A wireline connection provided at the End-User’s residence to an End-User provided computer and/or RCNWaveGrandeenTouch-provided equipment which meets the End-User Equipment Requirements set forth by RCNWaveGrandeenTouch, or to other RCNWaveGrandeenTouch-provided equipment at the End-User’s residence; (ii) Use of a cable modem or other access device provided by RCNWaveGrandeenTouch; and (iii) End-User Instructions, including, but not limited to, installation instructions, operating instructions, online help and telephone support. High Speed Internet access includes a single End-User IP connection, an electronic mail address, full service installations at End-User designated residence, cable modem and internal and external cabling, if needed, End-User orientation – including setting electronic mail password, web browsing, and applications testing, 24 hours per day, seven days a week Help Desk Support Services accessible via online help or telephone support (toll-free number), electronic mail, and Frequently Asked Questions (FAQs).

2. General Subscriber Obligations

2.1. You (the RCNWaveGrandeenTouch High Speed Internet Subscriber), agree to the terms and conditions set forth in this Service Addendum on behalf of yourself and any person who accesses and/or uses the Service through your computer, under your screen name or password or through the RCNWaveGrandeenTouch outlet in your home. You assume responsibility to ensure that all such other users understand all terms and conditions associated with use of the Service, including, without limitation, the RCNWaveGrandeenTouch Customer Terms and Conditions, RCNWaveGrandeenTouch Internet Access Agreement and this Service Addendum, and comply with their terms. You will, at your own expense, obtain any and all consents, rights and authorizations necessary for the installation and use of the Service and equipment.

2.2. The Service is intended for use by you at a specific authorized location. You may not transfer your subscription or your rights and obligations under this Service Addendum to any other person or otherwise transfer this subscription to any other location for your own use or use by any third party. Your Service may be immediately terminated, without notice, should RCNWaveGrandeenTouch be notified or otherwise become aware that you have violated the aforementioned provisions or are no longer an authorized End-User.

3. Payment Terms

3.1. You agree to pay an installation fee and a monthly recurring charge for the Service in accordance with the RCNWaveGrandeenTouch Customer Terms and Conditions. The schedule of fees and charges for high-speed Internet services are set forth in the applicable RCNWaveGrandeenTouch rate card, which is incorporated into this Service Addendum and made a part hereof.

3.2. RCNWaveGrandeenTouch reserves the right to change the amount of fees and charges from time to time at its sole discretion and upon reasonable notice to you. RCNWaveGrandeenTouch may also modify the Service from time to time at its sole discretion upon reasonable notice to you. Installation fees and any applicable equipment charges are due along with payment of the first monthly charge. Monthly charges are payable in advance.

4. Charges For Online Services Internet Transactions

4.1. Through use of the Service, you may access certain high speed Internet access services, products and other services from entities other than RCNWaveGrandeenTouch for which there is a charge. You agree that all such fees or charges for such products and services are your sole responsibility and not the responsibility of RCNWaveGrandeenTouch.

4.2. You are also solely responsible for protecting the security of your credit card and other methods of payment from unwanted or unauthorized charges for Internet based transactions. RCNWaveGrandeenTouch will assume that any charges to your credit card or other method of payment have been made or authorized by you, without any further investigation or diligence.

4.3. RCNWaveGrandeenTouch does not endorse or warrant any third-party products, services, or content that are distributed, provided, advertised, or otherwise made available over the Internet or the Service.

 

You acknowledge and accept that the installation, use, inspection, maintenance, repair and removal of the RCNWaveGrandeenTouch equipment may result in service outages or potential damage to your hardware or software. If you do not back-up all existing computer files by copying them to another storage medium prior to such activities, you will assume all associated risks of your failure to do so.

FOR THESE AND OTHER REASONS, RCNWaveGrandeenTouch RECOMMENDS THAT YOU BACK-UP ALL OF YOUR FILES PRIOR TO INSTALLATION, INSPECTION, MAINTENANCE, REPAIR, AND/OR REMOVAL OF THE RCNWaveGrandeenTouch EQUIPMENT, AND THAT YOU PERIODICALLY BACK-UP YOUR FILES AS YOU CONTINUE TO USE THE SERVICE.

6. Installation and Access

RCNWaveGrandeenTouch will schedule one or more installation visits with you for purposes of installing the Service. You must be present during installation. Following installation, you will provide RCNWaveGrandeenTouch with reasonable access to the premises to inspect, repair, and maintain the Service and/or RCNWaveGrandeenTouch‘s equipment. Rider B

Upon termination of your subscription to the Service, you must return all RCNWaveGrandeenTouch equipment to an RCNWaveGrandeenTouch designated location as provided for in Section 9 below.

7. Service and Performance

7.1. RCNWaveGrandeenTouch will make commercially reasonable efforts to assure that the Service is available to you twenty-four (24) hours per day, seven days per week. You acknowledge and agree that it is inevitable, however, that there will be interruptions of Service. RCNWaveGrandeenTouch‘s liability for any interruptions of Service is limited as set forth in Section 12 below. RCNWaveGrandeenTouch, in its sole discretion, may post online advance notice of planned outages for network or system upgrades. RCNWaveGrandeenTouch shall take reasonable measures to minimize unplanned Service interruptions. Rider C

7.2. Advertised Internet speeds are not guaranteed, and the actual Internet speed you observe may vary based on your computer, devices, equipment, connections, location, and other factors outside of RCNWaveGrandeenTouch‘s control. Certain equipment may be required to obtain optimal speeds. Depending upon your connection and equipment, RCNWaveGrandeenTouch‘s Gig Internet service offers speeds of up to 940 mbps.

7.3. The Service provided is an ethernet-like IP service over a shared bandwidth connection, and users will contend for bandwidth. RCNWaveGrandeenTouch will undertake reasonable efforts at network management, traffic analysis, operational procedures and user policies that ensure reasonable bandwidth at all times for as many customers as possible. Rider D

7.4. For RCNWaveGrandeenTouch cable television service customers, the Service may affect the video programming portions of your cable television service, if applicable. If you experience problems with your video programming services, please contact 1.325.646.94931.410.987.93001.800.746.47261.866.928.31231.866.247.26331.888.610.1499. HOWEVER, RCNWaveGrandeenTouch EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO INTERRUPTIONS IN SUCH VIDEO PROGRAMMING SERVICES.

7.5. High Risk Activities – The Service is not fault tolerant and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service could lead to severe injury to business, property or environment, or severe injury or death to persons (“High Risk Activities”). Such High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. RCNWaveGrandeenTouch EXPRESSLY DISCLAIMS, AND SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS OF ANY DAMAGES RESULTING FROM ANY HIGH RISK ACTIVITIES Rider E

8. Support and Maintenance

8.1. RCNWaveGrandeenTouch will provide customer support for the Service, which can be accessed by telephone or by electronic mail. Support will be provided, as set forth in Section 8.2 below, for use of the Service via the hardware and software requirements set forth by RCNWaveGrandeenTouch and via the software provided by RCNWaveGrandeenTouch. RCNWaveGrandeenTouch does not provide support for the Service when you use hardware or software not provided by RCNWaveGrandeenTouch.

8.2. If your use or modification of the software, hardware, or equipment supplied by RCNWaveGrandeenTouch requires a visit to your residence for repair or correction, RCNWaveGrandeenTouch reserves the right to charge you for the visit and any labor required to correct the situation, in accordance with RCNWaveGrandeenTouch‘s standard rates (which may be found on the applicable rate card). RCNWaveGrandeenTouch does not support in any manner, nor will RCNWaveGrandeenTouch undertake to correct or repair software, hardware or equipment, which it does not supply. RCNWaveGrandeenTouch‘s hardware support and service is limited to the RCNWaveGrandeenTouch‘s high speed cable modem and its Ethernet interface as specified herein.

9. Ownership and Use of Equipment and Software

9.1. Any RCNWaveGrandeenTouch high speed cable modem supplied and installed by RCNWaveGrandeenTouch shall at all times remain the property of RCNWaveGrandeenTouch and must be returned to RCNWaveGrandeenTouch, in good condition, upon the termination of Service. You will use reasonable care to avoid damaging such equipment, and will not move, relocate, alter, sell, lease, assign, encumber or otherwise tamper with the equipment. If the equipment is not returned to RCNWaveGrandeenTouch, in good condition in RCNWaveGrandeenTouch‘s sole judgment, within fifteen (15) days after termination of Service, you will be charged an unreturned or damaged equipment fee in accordance with the then-current applicable rate card for your Service (in which case RCNWaveGrandeenTouch shall have no further obligation or liability to you for the modem or the associated Service).

9.2. RCNWaveGrandeenTouch grants you a limited, non-exclusive license to use the software provided and installed by RCNWaveGrandeenTouch for use in connection with the Service only. You may make one copy for archival purposes only. The license terminates upon termination, disconnection or discontinuance of the Service. Upon such termination, discontinuance or disconnection, you will promptly destroy all such software and any copy you have made. Your continued use of any such software may subject you to liability, including, without limitation, liability for infringement of RCNWaveGrandeenTouch‘s or a third party licensor’s intellectual property rights.

9.3 You shall not actually or attempt to modify, decompile or reverse engineer the RCNWaveGrandeenTouch provided software for any purpose.

10. Network Interface Card

A suitable and functional network interface card, if not already owned and installed by you, may be supplied and installed by RCNWaveGrandeenTouch or an RCNWaveGrandeenTouch authorized contractor in your home computer. Such card shall be purchased by you and become your property upon purchase. The card will remain your property following termination of the Service and RCNWaveGrandeenTouch will not undertake to remove it from your computer upon termination. Technical support for purchased network interface cards is limited to software (driver) support during the term of Service. You may be able to obtain additional support from the manufacturer of the network interface card. However, RCNWaveGrandeenTouch disclaims all liability arising from or relating to such manufacturer support.

11. End-User Use

11.1. You shall not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of RCNWaveGrandeenTouch. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Service does not provide the type of security, upstream performance and total downstream throughput guarantees typically associated with commercial use and you are not authorized to make any commercial use of the Service. Your use of the Service for commercial purposes is a breach of the terms and conditions of Service, and may result in immediate termination of Service without notice. Rider F

11.2. RCNWaveGrandeenTouch will provide you with a dynamic IP connection as a component of the Service. You agree not to actually or attempt to alter, modify, or tamper with the dynamic IP connection or those of any customer on the system. You also agree not to use any software on, or in conjunction with, any computer or network device connected to the Service which provides for static IP connections. RCNWaveGrandeenTouch will take back the dynamic IP connection upon disconnection, discontinuance, or termination of the Service.

12. Limitation of Liability; No Warranties

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

12.1 DAMAGE TO YOUR HOME COMPUTER.

EXCEPT IN CASES OF RCNWaveGrandeenTouch‘S GROSS NEGLIGENCE, RCNWaveGrandeenTouch ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE TO, OR LOSS OR DESTRUCTION OF YOUR COMPUTER, CABLE MODEM, OR OTHER EQUIPMENT OR HARDWARE. IN NO EVENT SHALL RCNWaveGrandeenTouch‘S MAXIMUM LIABILITY FOR ANY SUCH DAMAGE, LOSS OR DESTRUCTION EXCEED $2,600.00 IN THE AGGREGATE DURING YOUR TERM OF SERVICE.

12.2. DAMAGE, LOSS OR DESTRUCTION OF SOFTWARE FILES AND/OR DATA.

RCNWaveGrandeenTouch ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY WHATSOEVER FOR ANY DAMAGE TO, OR LOSS OR DESTRUCTION OF ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS WHICH MAY RESULT FROM YOUR USE OF THE SERVICE, OR FROM THE INSTALLATION, MAINTENANCE, OR REMOVAL OF THE SERVICE, EQUIPMENT OR SOFTWARE PROVIDED BY RCNWaveGrandeenTouch HEREUNDER. RCNWaveGrandeenTouch DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.

12.3. NO WARRANTIES/LIMITATION OF LIABILITY.

RCNWaveGrandeenTouch MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT, SOFTWARE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL EQUIPMENT, SOFTWARE, AND SERVICES ARE SUPPLIED ‘AS IS’. IN NO EVENT SHALL RCNWaveGrandeenTouch BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE EQUIPMENT, SOFTWARE OR SERVICE PROVIDED BY RCNWaveGrandeenTouch HEREUNDER. NO REPRESENTATION, COMMUNICATION OR STATEMENT, WHETHER IN WRITTEN OR ORAL FORM, BY ANY RCNWaveGrandeenTouch EMPLOYEE OR AGENT SHALL BE CONSTRUED TO ADD TO OR MODIFY ANY REPRESENTATIONS OR WARRANTIES HEREIN. RIDER G

13. No Liability For Unauthorized Access

13.1. RCNWaveGrandeenTouch treats private communications on or through its network as strictly confidential and does not access, use, or disclose the contents of private communications, except in limited circumstances and as permitted by law. However, the Service is a shared bandwidth connection used by other subscribers on the same system. Since the Internet itself is a shared resource, others may actually or attempt to access or monitor your IP Internet traffic. RCNWaveGrandeenTouch is not responsible or any such actions of others. PLEASE REFER TO THE RCNWaveGrandeenTouch INTERNET ACCESS AGREEMENT AVAILABLE ONLINE FOR ADDITIONAL INFORMATION ABOUT THE RISK OF UNAUTHORIZED ACCESS BY OTHERS AND HOW TO CONFIGURE YOUR SYSTEM TO INCREASE THE SECURITY OF YOUR COMPUTER.

13.2. RCNWaveGrandeenTouch does not warrant that any data or files sent or received by you over the network, communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to your computer or to any other network which it may be connected. RCNWaveGrandeenTouch has no responsibility and expressly disclaims all liability for such acts or occurrences. If you choose to run applications from your computer which permit others to gain access to it, you must take appropriate security measures. Failure to do so may cause immediate termination of your Service by RCNWaveGrandeenTouch without further notice or liability. RCNWaveGrandeenTouch is not responsible for and expressly disclaims all liability for any damage resulting from the use of such applications or termination of your Service in this instance.

14. No Liability For Content

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

15. Termination

You agree that, notwithstanding anything herein to the contrary, you or RCNWaveGrandeenTouch may terminate your Service at any time, for any or no reason. This Service Addendum will remain in effect throughout your use of the Service. RIDER H

16. Binding Arbitration

1. Purpose. If you have a Dispute (as defined below) with RCNWaveGrandeenTouch that cannot be resolved through an informal dispute resolution with RCNWaveGrandeenTouch, you or RCNWaveGrandeenTouch may jointly or unilaterally elect to arbitrate that Dispute in accordance with the terms of this Arbitration Clause rather than litigate the Dispute in any federal or state court or other tribunal. Arbitration means that you waive your rights to proceed in court and have your claims resolved by a judge or jury in the event arbitration is elected. Instead, you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts. If either you or RCNWaveGrandeenTouch elects to arbitrate the Dispute, that election shall be binding on the other party.
2. Definitions. The term “Dispute” means any dispute, claim, or controversy between you and RCNWaveGrandeenTouch regarding any aspect of your relationship with RCNWaveGrandeenTouch, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Clause. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Clause, “RCNWaveGrandeenTouch” means RCNWaveGrandeenTouch and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
3. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or RCNWaveGrandeenTouch elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may open a case with the American Arbitration Association – Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Arbitration Rules of the American Arbitration Association (“AAA”).
4. Arbitration Procedures. You and RCNWaveGrandeenTouch agree that the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes, even if the substance of the Dispute is governed by other federal or state laws or regulations. No state statutes pertaining to arbitration shall be applicable under this Arbitration Clause.

   If there is a conflict between this Arbitration Clause and the rules of the AAA, this Arbitration Clause shall govern. If there is a conflict between this Arbitration Clause and the rest of this Agreement, this Arbitration Clause shall govern.

   A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

   The arbitrator will make any award in writing, including (unless both parties otherwise agree, in writing) a statement of reasons supporting the award. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.

   If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (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 exists under the FAA.

5. Restrictions: 
   1. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED.
   2. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, CONSOLIDATED OR AGGREGATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER SUBSCRIBERS, OR OTHER PERSONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY RELATED ARBITRATION RULES, ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS SECTION 25(e) SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
6. Location of Arbitration. The arbitration will take place at a location reasonably convenient to you and RCNWaveGrandeenTouch in the area where you receive the service from us.
7. Payment of Arbitration Fees and Costs. RCNWaveGrandeenTouch will reimburse any filing fee that the AAA charges you for arbitration of the dispute to the extent that the amount of such a fee exceeds the filing fee that would be charged by a court with jurisdiction over the dispute. If that arbitration proceeds, RCNWaveGrandeenTouch will also pay any administrative and arbitrator fees charged later, as required by the rules and fee schedule of the AAA.
8. Severability. If any clause within this Arbitration Clause is found to be illegal or unenforceable, that clause will be severed from this Arbitration Clause, and the remainder of this Arbitration Clause will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Clause will be unenforceable, and the dispute will be decided by a court.

   In the event this entire Arbitration Clause is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Clause, you and RCNWaveGrandeenTouch have each agreed to waive, to the fullest extent allowed by law, any trial by jury.

9. Exclusions from Arbitration. Where the total amount in controversy for the action is $5,000 or less, the party bringing the claim can choose to proceed in arbitration, or alternatively, can bring an individual action in small claims court. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AND RCNWaveGrandeenTouch FURTHER AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; AND (3) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
10. Continuation. This Arbitration Clause shall survive the termination of your service(s) with RCNWaveGrandeenTouch.
11. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION CLAUSE, YOU MUST NOTIFY RCNWaveGrandeenTouch IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY VISITING WWW.ASTOUND.COM/ARBITRATIONOPTOUT OR BY MAIL TO RCNWaveGrandeenTouch 650 COLLEGE ROAD EAST, SUITE 3100, PRINCETON, NJ 08540, ATTN. LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION TO RCNWaveGrandeenTouch MUST INCLUDE YOUR NAME, ADDRESS AND RCNWaveGrandeenTouch ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH RCNWaveGrandeenTouch THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION CLAUSE WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH RCNWaveGrandeenTouch OR THE DELIVERY OF SERVICE(S) TO YOU BY RCNWaveGrandeenTouch. IF YOU HAVE PREVIOUSLY NOTIFIED RCNWaveGrandeenTouch OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

17. Required Time for Notice of a Dispute.You must give us notice of a dispute within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes, about which you must contact RCNWaveGrandeenTouch within thirty (30) days, as provided in section 3 of the RCNWaveGrandeenTouch Customer Terms and Conditions), or you waive the right to pursue any claim based upon such events fact or dispute.

RIDERS

Rider A

You acknowledge and agree that this Service Addendum shall form an integral part of the RCNWaveGrandeenTouch Internet Access Agreement to which you are a party and that the general terms of the RCNWaveGrandeenTouch Internet Access Agreement and Customer Terms and Conditions, shall apply to this Service Addendum. You acknowledge and agree that RCNWaveGrandeenTouch may revise the terms and conditions of this Service Addendum at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Service Addendum on RCNWaveGrandeenTouch‘s web site, and/or on notification to you by e-mail or United States mail. You agree to review this Service Addendum on RCNWaveGrandeenTouch‘s web site periodically to be aware of any such revisions. If any revision to this Addendum is unacceptable to you, you may terminate your Service at any time by contacting RCNWaveGrandeenTouch customer service via phone (at 1.325.646.94931.410.987.93001.800.746.47261.866.928.31231.866.247.26331.888.610.1499).

Rider B

RCNWaveGrandeenTouch EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATING TO YOUR FAILURE TO PROVIDE RCNWaveGrandeenTouch WITH REASONABLE ACCESS TO YOUR RESIDENCE AND COMPUTER TO INSPECT, REPAIR AND MAINTAIN RCNWaveGrandeenTouch‘S EQUIPMENT. MOREOVER, SUCH FAILURE TO PROVIDE RCNWaveGrandeenTouch WITH REASONABLE ACCESS TO THE PREMISES SHALL PERMIT RCNWaveGrandeenTouch TO IMMEDIATELY TERMINATE THE SERVICE AT RCNWaveGrandeenTouch‘S SOLE DISCRETION, WITHOUT FURTHER NOTICE TO YOU.

Rider C

HOWEVER, RCNWaveGrandeenTouch EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY INTERRUPTIONS OF SERVICE WHETHER PLANNED OR OTHERWISE.

Rider D

HOWEVER, RCNWaveGrandeenTouch EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY FAILURE TO PROVIDE ADEQUATE BANDWIDTH TO ITS CUSTOMERS.

Rider E

WITHOUT LIMITING THE SCOPE OF ANY OTHER LIMITATION OF LIABILITY SET FORTH HEREIN, RCNWaveGrandeenTouch EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO SUCH HIGH RISK ACTIVITIES.

Rider F

The Service is a residential service intended for personal, non-commercial use by you in your own home.

Rider G

EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PERMITTED BY LAW.

Rider H

RCNWaveGrandeenTouch does not visit your home upon termination to restore or reconfigure your computer. You shall be solely responsible for such restoration or reconfiguration.