MDU Communications (USA) Inc.

TERMS AND CONDITIONS FOR WEB SITE USAGE AND SERVICE TERMS

  1. A. General Terms and Conditions for Website Usage

    Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern [business name]'s relationship with you in relation to this website.

    The term MDU COMMUNICATIONS or "us", "we", "the Company" of "MDUC" refers to the owner of the website whose registered office is 60-D Commerce Way, Totowa, NJ 07512. The term "you" refers to the user or viewer of our website.

    The use of this website is subject to the following terms of use:

    • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
    • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
    • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
    • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
    • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
    • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
    • You may not create a link to this website from another website or document without MDU COMMUNICATIONS' prior written consent.
    • Your use of this website and any dispute arising out of such use of the website is subject to the laws of the state of New Jersey.

    B. Protecting your Privacy

    This privacy policy sets out how MDU COMMUNICATIONS uses and protects any information that you give MDU COMMUNICATIONS when you use this website. MDU COMMUNICATIONS is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. MDU COMMUNICATIONS may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from January 1, 2011

    Security

    We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

    How we use cookies

    A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

    We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

    Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

    You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

    Links to other websites

    Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

    Controlling your personal information

    We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

    You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 60-D Commerce Way, Totowa, NJ 07512

    If you believe that any information we are holding on you is incorrect or incomplete, please write to us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

    C. Billing and Payment Terms

    1. Payment - The payment due is for your access to the MDU COMMUNICATIONS Digital Satellite Network or other MDU COMMUNICATIONS’ provided service, which must be paid in full for each month of service. You may receive other invoices for DIRECTV programming or DIRECTV leased equipment, which must be paid separately. Please make your check or money order payable to MDU COMMUNICATIONS, include the perforated portion of the statement with your payment, and write your account number on your check or money order. Please do not write comments or questions on the remittance portion of your statement. Mail all correspondence separately. If your payment is not received on or before the due date indicated on the statement, you will be charged an administrative late fee of $5.00 and interest will accrue at 1.5% per month on the outstanding balance. Service may be disconnected for non-payment. Any past due amounts must be paid before service will be reactivated and a reconnect fee of $49.95 will be charged.
    2. Payment Options - MDU COMMUNICATIONS offers payment of monthly, quarterly or yearly by check, money order or automatic charge to your checking/savings account or credit card. Please call 1-866-286-9638 to change your payment option to the most convenient for you.
    3. Returned Checks - If any check sent to MDU COMMUNICATIONS is returned unpaid by your bank, you will be charged a returned payment fee of $25.00 that will appear in your next statement. Service may be disconnected for non-payment. Any past due amounts must be paid before service will be reactivated.
    4. Cancellation of Service - You may cancel your access to the MDU COMMUNICATIONS Digital Satellite Network or other MDU provided service at any time, without penalty, upon thirty (30) days notice. No refund will be provided for a partial remaining month of service or partial remaining quarter of service (if on quarterly billing) and no refund will be provided on special yearly promotions that include free installation. Unless you own, purchased the set-top receiver equipment from MDU COMMUNICATIONS or leased such equipment from DIRECTV, you must make arrangements to return the equipment in good working order to MDU COMMUNICATIONS. To cancel your service and make MDU COMMUNICATIONS-owned equipment return arrangements, please call 1-866-286-9638. Cancellation of programming from DIRECTV is governed by the Terms and Conditions of your DIRECTV Customer Agreement.
    5. Responsibility for Equipment - Unless you own, purchased the set-top receiver equipment from MDU COMMUNICATIONS or leased such equipment from DIRECTV, MDU COMMUNICATIONS is and shall remain at all times the sole and absolute owner of such equipment. You shall keep the equipment in good working order and condition and shall not alter, repair, damage, modify or misuse the equipment in any manner. You shall at no time remove the equipment from the premises. You bear the entire risk of loss, theft, damage or destruction of the equipment from any cause whatsoever effective upon installation. In the event of any damage or loss, you will promptly notify MDU COMMUNICATIONS and you shall have the option of having the equipment repaired or replaced at your cost or pay the replacement value of the equipment.
    6. Failure to Return Equipment - If you fail to return the equipment in good working order with all components (i.e. set-top box, access card, remote, manual, duplexer) or it is not in good working order, you hereby agree that MDU COMMUNICATIONS can, with or without notice, retain your deposit and/or charge your bank account or credit card for the replacement cost ($200.00 for failing to return standard, HD or DVR receivers; $350.00 for HD/DVR receivers; $89.00 for missing access card; $39.00 for missing remote; $15.00 for missing manuals; $100.00 for missing cable modem; $200.00 for missing down converter; $65.00 for a missing multi-switch). Subscriber agrees to pay MDU COMMUNICATIONS its reasonable expenses, including attorneys’ fees and collection fees, incurred in enforcing its rights under this agreement. If your Equipment has been leased from DIRECTV, please refer to the DIRECTV, terms and conditions on the Lease Addendum.

    D. Terms and Conditions for Digital Satellite Television Service

    1. This Contract has been executed on behalf of MDU COMMUNICATIONS (USA) Inc. and shall inure to the benefit of the Company and its successors and assigns. The provisions of paragraph 8, below, shall also inure to the benefit of DIRECTV as a third party beneficiary. Subscriber acknowledges and agrees that DIRECTV is not a party to this Contract, and in no event shall DIRECTV have any responsibility or liability for the obligations of the Company under this Contract.
    2. Unless previously owned by Subscriber, purchased from the Company, or leased from DIRECTV, the equipment for receiving Digital Satellite Service (“Equipment”) has been installed on behalf of the Company, and Subscriber hereby acknowledges and agrees that the Company is and shall remain at all times the sole and absolute owner of the Equipment. Subscriber hereby acknowledges and confirms that Subscriber has received the Equipment in good working order and the installation of the Equipment was performed to Subscriber’s full satisfaction. In the event that Subscriber notifies the Company of any malfunction in the Equipment attributable solely to improper installation, the Company will, at its option, either repair the malfunction or re-install the Equipment at its own cost, provided that Subscriber shall give the Company and its representatives reasonable access to Subscriber’s premises for such purpose. All other malfunctions shall be repaired by the Company at Subscriber’s sole expense or by the manufacturer of the Equipment. Subscriber agrees to be bound by the Company’s determination as to the cause of any malfunction. If Equipment is purchased from Company, all sales are final and covered only by the manufacturer’s warranty.
    3. Subscriber shall comply with all applicable requirements of the Company regarding the operation and use of the Equipment. Subscriber shall keep the Equipment in good working order and condition, and shall not alter, repair, damage, modify or misuse the Equipment in any manner. Subscriber shall at no time for any reason whatsoever remove the Equipment from the premises specified above without the Company’s consent. In the event that Subscriber intends to vacate their premises, Subscriber will give the Company sufficient advance notice to allow for the removal of the Equipment, will give the Company reasonable access to the premises for such purpose, or will arrange with the Company to return the Equipment via insured parcel delivery service.
    4. Subscriber bears the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever (collectively, “Loss”), effective upon installation. In the event of a Loss, Subscriber will promptly notify the Company and Subscriber shall pay to the Company the replacement value of the Equipment as set forth in paragraph 6.
    5. The Company shall have all the rights and remedies afforded to a secured party by the Uniform Commercial Code, including but not limited to the right to take possession of the Equipment without judicial process upon any default by Subscriber under this Contract.
    6. If Subscriber has not surrendered the Company’s Equipment promptly after termination or receipt of a notice of default, with all components (i.e. set-top box, access card, remote, manual) or it is not in good working order, Subscriber hereby agrees that the Company can, with or without notice, retain Subscriber’s deposit and/or charge Subscriber’s bank account or credit card for the replacement cost ($200.00 for failing to return standard, HD or DVR receivers; $350.00 for HD/DVR receivers; $89.00 for missing access card; $39.00 for missing remote; $15.00 for missing manuals; $100.00 for missing cable modem; $200.00 for missing down converter; $65.00 for a missing multi-switch) . Subscriber agrees to pay the Company its reasonable expenses, including attorneys’ fees and collection fees, incurred in enforcing its rights under this Contract. If your Equipment has been leased from DIRECTV, Inc., please refer to the DIRECTV, Inc. terms and conditions on the Lease Addendum.
    7. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE EQUIPMENT OR THE DIGITAL SATELLITE SERVICE, EITHER EXPRESSED OR IMPLIED, AND COMPANY DISCLAIMS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY ARISING OUT OF A COURSE OF DEALING, CUSTOM OR USAGE OF TRADE, EACH OF WHICH ARE SPECIFICALLY DISCLAIMED. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS, THE COMPANY SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE, WHETHER OR NOT FORESEEABLE, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO SUBSCRIBER EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY SUBSCRIBER FOR SERVICES.
    8. Subscriber will receive two statements, one covering the Company’s fee for System and Maintenance (either monthly, quarterly or yearly), and the other covering the monthly fee for the Programming Services (either DIRECTV or private cable programming). Regarding fees charged by the Company, Subscriber will pay all charges set forth in such statements on or before the due date set forth in such statements. If Subscriber fails to pay any fees by the due date, an administrative late charge of $5.00 will be applied and interest will accrue at the rate of 1.5% per month. If any fees are not paid within 15 days after the due date, Subscriber shall be in default under this Contract and the Company may, in its sole discretion, terminate this Contract and exercise all of its rights hereunder. If any instrument received in payment or deposit is returned unpaid, your account will be considered in default, and in addition to the amount due, you will be subject to a charge of $25.00. Subscriber acknowledges and agrees that the Company may adjust its fees from time to time in its sole discretion. In addition, Subscriber acknowledges and agrees that the additional terms and conditions upon which Subscriber shall receive Programming Services from DIRECTV, Inc. are contained in the DIRECTV Customer Agreement provided by DIRECTV, Inc. and such terms and conditions may differ from the terms applicable to this Contract. Subscriber further agrees that Subscriber’s continued receipt of DIRECTV services shall indicate his or her agreement to be bound by the terms of the DIRECTV Customer Agreement.
    9. If at any time Subscriber receives a notice that Subscriber is in default under this Contract, or if this Contract shall be terminated by either Subscriber or the Company, then Subscriber shall promptly surrender Company provided Equipment to the Company (or DIRECTV’s Equipment to DIRECTV) and Subscriber agrees that the Company may, with or without notice to Subscriber, cancel all Services to Subscriber and exercise any one or more of the following remedies, none of which shall constitute a termination of this Contract or a release of Subscriber’s obligation to make payment hereunder unless the Company so notifies Subscriber in writing: (a) declare immediately due and payable, demand and receive the sum of all payments and other amounts due and owing by Subscriber to the Company, (b) charge Subscriber interest on all monies due to the Company at the rate of 1.5% per month or the maximum rate permitted by law, (c) charge Subscriber’s bank account or credit card for the account balance owing, and (d) charge Subscriber for all costs and expenses incurred in connection with the enforcement of any of the Company’s remedies, including all costs of collection, attorneys’ fees and expenses.
    10. All of the foregoing remedies in paragraphs 8 and 9 are cumulative, are in addition to any other remedies provided for by law, and may, to the extent permitted by law, be exercised either concurrently or separately. Exercise of any one remedy shall not be deemed an election of such remedy, or to preclude the exercise of any other remedy. No failure by the Company to exercise any right or remedy and no delay in exercising any right or remedy shall operate as a waiver of any right or remedy or to modify the terms of this Contract. A waiver of default shall not be construed as a waiver of any other or subsequent default.
    11. Either Subscriber or the Company may terminate this Contract for any reason whatsoever and at any time by giving the other party notice in writing or by telephone. If cancelled by Subscriber, no refund will be provided for a partial remaining month of service and no refund will be provided on special yearly promotions that include free installation. Terminating the programming relationship with DIRECTV is governed by the DIRECTV Customer Agreement. Company has no responsibility for refunds from DIRECTV.
    12. Subscriber acknowledges and agrees that the Company and its affiliates are not responsible or liable in any respect for matters relating to programming, including without limitation, any damage caused by inaccurate, false, incomplete, delayed or cancelled programs or channels. Subscriber acknowledges and understands that the Programming Services may become unavailable for reasons beyond the control of the Company.
    13. If any provision of this Contract shall be held invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any manner effect or render invalid or unenforceable any other severable provision of this Contract, and this Contract shall be carried out as if any such invalid or unenforceable provision were not contained herein. This Contract may not be modified or amended except by a written agreement specifically referring to the Contract signed by all of the parties hereto. The validity, interpretation and legal effect of this Contract shall be governed by and construed in accordance with the laws of the State of New Jersey.

    E. High-Speed Internet Service Terms of Service

    MDU COMMUNICATIONS is pleased to provide its MyMDU Broadband Internet Service to you in accordance with these terms and conditions, which may be changed from time to time. MyMDU Broadband Internet Service is provided to subscribing residents for non-commercial use.

    1. Definitions
      1. Subscriber. Each member of your household and any other individual who uses the Computer and MyMDU Service irrespective of the individual whose name the account is in or who owns, rents or uses the premises on which the computer is located.
      2. Computer. An electronic device that can store, receive, and process data and which has the minimum requirements necessary to operate MyMDU as outlined in the Installation Manual provided by MDUC for MyMDU.
      3. Equipment. All equipment owned by MDUC delivered to and installed in Subscriber’s home including but not limited to all cable wire and certain software necessary to receive MyMDU Service.
      4. CPE. Customer Premise Equipment. A device installed in the Subscriber’s home that converts and transmits computer data and acts as the gateway to the MyMDU Service.
      5. MyMDU Service. An electronic, two-way online information and communication service of MDUC (which includes proprietary products of MDUC as well as Internet access) which is delivered using locally available broadband access technologies and accessed by your personal computer either directly through an Ethernet network or via a CPE.
    2. Service Provided

      The MyMDU Service provides broadband Internet access, as well as access to certain proprietary products of the MyMDU Service. Through access to the Internet, you also can subscribe to other independent services (collectively the “Services”) and transact other forms of electronic commerce. Subscriber acknowledges that Subscriber may incur charges while using these Services or while engaging in other forms of “e-commerce.” All such charges, including applicable taxes shall be paid by Subscriber to these Services and are not the responsibility of MDUC.

    3. Payment of MDUC Charges

      Subscriber agrees to pay the monthly rate and other fees, including applicable taxes, for MyMDU Service, as established from time to time by MDUC. The monthly rate includes access to the MyMDU Service. Subscriber must pay all undisputed monthly charges as itemized on the MDUC monthly invoice and notify MDUC of disputed items within thirty (30) days of receipt or longer as provided by applicable law. Failure to pay charges (including checks returned for insufficient funds) invoiced may result in discontinuance of service, the removal all Equipment delivered and the imposition of a late payment or service charge. Rates for the installation of Equipment, if applicable, and rates for all related services hereunder are subject to change in accordance with applicable law.

    4. Computer Equipment

      Subscriber acknowledges that it has the minimum computer requirements necessary to operate the MyMDU Service as outlined in the Installation Manual provided by MDUC.

    5. Disruption of Service S

      ubject to applicable law, credit shall be given for qualifying outages. In any event, if there is a known service interruption in excess of twenty-four (24) consecutive hours (or in excess of such lesser time period pursuant to state law), MDUC, upon prompt notification of such failure or interruption from Subscriber, shall provide Subscriber with a pro-rata credit relating to such failure or interruption. MDUC will not be liable for any incidental or consequential damages.

    6. Repair of MDUC Equipment

      MDUC will repair or replace defective Equipment on Subscriber’s premises as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. MDUC will not be responsible for the maintenance or repair of Subscriber’s Computer, CPE, or related Subscriber-owned equipment. A service charge may be imposed upon the dispatch of a technician, if there is damage to MDUC’s Equipment due to negligent use or abuse or if no fault is discovered in MDUC’s system or Equipment. MDUC makes no warranties with respect to the Equipment’s or CPE’s compatibility with Subscriber’s Computer.

    7. Subscriber Relocation

      If the Subscriber moves its residence outside of MDUC’s service area, Subscriber shall notify MDUC that this agreement shall be terminated and the provisions of Section 14 shall apply to such termination. In all cases, Subscriber shall notify MDUC pursuant to Section 8 below.

    8. Contact Address

      For any inquiries or notices required in connection with this Agreement, Subscriber shall contact MDUC by writing to:
      MDU COMMUNICATIONS, 60-D Commerce Way, Totowa, NJ 07512, or alternatively by calling MDU COMMUNICATIONS at (973)-237-9499.

    9. Subscriber Property

      MDUC assumes no liability for the condition or repair of any Subscriber –owned hardware or software. Subscriber is responsible for the repair and maintenance of all such Subscriber hardware and software.

    10. Taxes

      Subscriber agrees to pay any local, federal or state taxes imposed or levied on or with respect to MyMDU Service or the Services, the Equipment or installation or service charges incurred with respect to the same.

    11. MDUC’s Rights
      1. MDUC has no obligation to monitor MyMDU Service content. However, Subscriber acknowledges and agrees that MDUC has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate MyMDU Service properly, or to protect itself or its Subscribers.
      2. MDUC shall have the right to determine, in its sole discretion, what constitutes “commercial use” of the MyMDU Service hereunder.
    12. Access to Subscriber Premises Subscriber authorizes MDUC and its employees, agents, contractors and representatives to enter the Subscriber’s premises in order to install, maintain, inspect, repair, and remove MDUC’s Equipment and the MyMDU Service, as applicable. All such service shall be conducted at a time mutually agreed to by MDUC and Subscriber.
    13. Assignment or Transfer The Agreement and the Equipment supplied by MDUC are not assignable or otherwise transferable by Subscriber.
    14. Termination and Expiration
    15. Termination by Subscriber: Upon the expiration of the initial term of a twelve (12) month Agreement, unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Upon such renewal, Subscriber acknowledges that all pricing is subject to change to a month-to-month pricing schedule.
    16. Termination for Bankruptcy: MDUC shall have the right to terminate this Agreement 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.
    17. Termination for Breach: In the event of any breach of this Agreement by Subscriber, or the failure of Subscriber to abide by the rates, rules and regulations of MDUC, this Agreement may be, at MDUC's option, terminated and MDUC's Equipment removed. Failure of MDUC to remove such Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to MDUC in the event that MDUC shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
    18. Obligations Upon Termination: The Subscriber agrees that upon termination of this Agreement:
      1. Subject to 14(a), Subscriber will pay MDUC in full for the Subscriber's use of the Equipment and Services up to the later of the effective date of termination of this Agreement and the date on which the MyMDU Service has been disconnected.
      2. Subscriber will promptly return all Equipment to MDUC. In the event that Subscriber fails to return any Equipment within ten (10) days of the termination of this Agreement, Subscriber shall be liable to MDUC for the actual cost of such Equipment.
    19. The termination of this Agreement for reasons other than Subscriber's bankruptcy shall not affect Subscriber's MDUC television service.
    • Change In MyMDU Service

      The MyMDU Service provided hereunder is subject to change in accordance with applicable law.

    • Disclaimer

      MDUC assumes no liability for and exercises no control over the content contained in the Internet and other Services, including content that is pornographic, obscene or otherwise inappropriate or offensive. Further, MDUC shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the MyMDU Service, or the Services unless such products, merchandise or prizes are provided directly by MDUC.

    • MyMDU Network

      The MyMDU Service utilizes a network that will allow bi-directional direct access to the Internet, i.e. Subscribers can directly access and respond to direct requests from Internet users outside the MyMDU Service network. The Network is not intended to protect Subscribers from hackers gaining access to their Computer and as such, Subscribers should not rely on it to provide such functions. MDUC shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to damage to the Subscriber or the Subscriber's Computer resulting from the actions of any third party including, without limitation, hackers or computer viruses.

    • Limitation of Liability

      Unless otherwise specifically provided in this Agreement, MDUC will not be liable to the Subscriber or to any third party for:

      1. any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with the use of MyMDU Service by the Subscriber or any other use of the Services including without limitation, any damage resulting from or arising out of the Subscriber's reliance on or use of the MyMDU Service or the Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the MyMDU Service or the Services; and
      2. any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the MyMDU Service or the Services by the Subscriber or a third party infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.

      This limitation applies to the acts, omissions, negligence and gross negligence of MDUC, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against MDUC in contract, tort or any other legal doctrine.

    • Multiple Users

      The Subscriber acknowledges that by "clicking" the Acceptance icon below, Subscriber is agreeing to the terms and conditions of this Agreement on behalf of all persons who use the MyMDU Service or the Services through Subscriber's Computer. Subscriber shall be responsible for ensuring that all Subscribers understand and comply with the terms and conditions of this Agreement. Subscriber acknowledges and agrees that the Subscriber is responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the MyMDU Service or Services.

    • License Requirements

      Subscriber agrees to comply with all end user license requirements relative to any of the Services which Subscriber accesses pursuant to the terms of this Agreement.

    • Back-up Requirements

      The Subscriber agrees to back-up all existing Computer files by compiling them to another storage medium prior to installation of the Equipment. MDUC shall have no liability whatsoever for any damage to or loss or destruction of any of the Subscriber's software, files, data, or peripherals.

    • Viruses

      MDUC may run a third party virus check software on the Subscriber's Computer prior to installing software on the Subscriber's Computer. MDUC does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses.

    • Acceptable Use Policy

      The Subscriber agrees to comply with the MyMDU Broadband Internet Service Acceptable Use Policy (AUP). Please see MDUC's AUP for a detailed outline of MDUC's privacy policies and how they affect your use of the MyMDU Service and the Services. The AUP may be accessed from www.mymdu.com.

    • MDUC Shall not be Liable for:
        1. Eavesdropping. Any information sent by the Subscriber over the MyMDU network is sent at the Subscriber's sole risk, and MDUC shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber.
        2. Multiple Computer Connections. When Subscriber's Computer is connected to the MYMDU network , it constitutes a "local" segment. All Subscriber's Ethernet traffic on this local segment will be transmitted in an unencrypted form onto the MyMDU network and be subject to eavesdropping, as previously described in subsection (a) above.
        3. File and Print Sharing. Subscriber understands that users outside the Subscriber's home may be able to access Subscriber's Computer. Further, some software includes capabilities that permit other users across a network such as MyMDU and the Internet to gain access to the Subscriber's Computer and to the software, files and data stored on the Computer.
        4. FTP/HTTP Server Setup. Subscriber should also be aware that when using the Computer to access the Internet or any other online network or service via MyMDU, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other MyMDU users and Internet users to gain access to the Subscriber’s Computer. If the subscriber chooses to run such applications, Subscriber should take the appropriate security measures.
      2. Any Subscriber who,
        1. chooses to participate in the MyMDU Service using other than a single, stand-alone Computer connected to the local segment, if and when this capability is offered
        2. chooses to enable capabilities such as file sharing, print sharing or other capabilities that allows users to gain access to Subscriber's Computer, hereby acknowledges and agrees that the Subscriber does so at the Subscriber's own risk
    • Privacy Statement

      Please see MDUC's privacy statement for a detailed outline of MDUC's privacy policies and how they affect your use of the MyMDU Service and the Services.

    • Amendment

      MDUC may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. MDUC may notify Subscriber of any such changes to this Agreement by posting notice of such changes on the MyMDU Service, or sending notice via e-mail or postal mail. The Subscriber's continued use of the MyMDU 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 this Agreement, Subscriber must immediately cease using the MyMDU Service and notify MDUC that Subscriber is terminating this Agreement in accordance with Section 14 of this Agreement. Additionally, this Agreement may be superseded by an MyMDU user subscription agreement subject to your approval, which shall be indicated by your use of the MyMDU service described herein.

    F. Dish Network Terms and Conditions

    Thank you for choosing MDU Communications as your provider of Dish® Network services.

    MDU Communications is happy to answer any questions you may have and to provide you with technical and other customer support. You may contact us 24 hours a day, any day of the year:

    Phone: 1-866-286-9638
    Mail: MDU COMMUNICATIONS (USA) INC.
    60-D Commerce Way
    Totowa, NJ, 07512

    For purposes of this Residential Customer Agreement (the “Agreement”) and any customer agreement(s) applicable to the promotion(s) under which you are receiving services and/or equipment from DISH Network (each, a “Promotion Agreement”): (i) “you” and “your” refer to you, the DISH Network subscriber; and (ii) “we,” “us” or “our” refer to DISH Network L.L.C. (formerly known as EchoStar Satellite L.L.C.) or, where applicable under the particular circumstances, third-party provider and billing agent, MDU Communications.

    “DISH Network” is a registered trademark of DISH Network L.L.C.

    THIS AGREEMENT, TOGETHER WITH ANY APPLICABLE PROMOTION AGREEMENT, SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH DISH NETWORK AND ITS AGENTS WILL PROVIDE ITS SERVICES AND EQUIPMENT TO YOU. THIS AGREEMENT IS EFFECTIVE UNTIL WE CHANGE OR REPLACE IT. IF YOU ARE A NEW DISH NETWORK CUSTOMER, YOUR ACTIVATION OF A DISH NETWORK ACCOUNT AND RECEIPT OF DISH NETWORK SERVICES OR EQUIPMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU ARE AN EXISTING DISH NETWORK CUSTOMER, WE WILL NOTIFY YOU OF ANY CHANGES TO, OR REPLACEMENT OF, THIS AGREEMENT, AND YOUR CONTINUED RECEIPT OF DISH NETWORK SERVICES OR EQUIPMENT FOLLOWING RECEIPT OF SUCH NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGED OR REPLACED AGREEMENT. IF YOU ARE AN EXISTING CUSTOMER AND DO NOT WISH TO ACCEPT ANY CHANGED OR REPLACED AGREEMENT, YOU MUST NOTIFY US IMMEDIATELY AND WE WILL, AT OUR OPTION, EITHER CANCEL YOUR SERVICE OR ALLOW YOU TO CONTINUE TO RECEIVE YOUR SERVICES UNDER THE PREVIOUS VERSION OF THIS AGREEMENT.

    1. THE DISH NETWORK SERVICE

    1. Services Defined. “Services” shall mean all video, audio, data, interactive and other programming services and all other services that are currently available from DISH Network (whether subscription, pay-per-view or otherwise) and that we may provide to customers in the future.
    2. Minimum Programming Levels. If your applicable Promotion Agreement specifies required minimum programming, you must subscribe to such programming. Otherwise, you must subscribe to one or more of the following programming packages, or we may charge you a Service Access Fee (as detailed in Section 2(D)): DishFAMILY, DishMÉXICO, TurboHD Bronze or a higher version of such packages; a Chinese, Greek, Russian, Polish, Urdu, Arabic, Portuguese, or Hindi language programming package; a combination of Locals Only and one of TV Globo/Record Package, TV Globo a la carte, Israeli Platinum Package, Panorama Italiano, TV Japan, Polish Premium Pack, Bangla2, Mega Pack, Punjabi Pack, Telugu Pack, Pinoy Mega Pack, German Language Plus Package, or RTVI/RTVI+ Package; or any of their successor packages. We may change such minimum programming requirements at any time.
    3. Programming Availability. Certain Services, including without limitation, some subscription Services, sporting events and broadcast network Services, may be blacked out in your viewing area; if you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action. If the location at which you are receiving Services is a wagering location, you are not eligible to receive certain channels, including without limitation, Horse Racing Television (HRTV). You must be at least 18 years of age, or the applicable age of majority where you reside, to order or receive adult-oriented programming services.
    4. Changing Your Programming Selection. Unless otherwise specified in this Agreement or any applicable Promotion Agreement(s), you may change your programming selection at any time by notifying us. A Transaction Fee (as detailed in Section 2(D)) may apply to such programming changes, unless you are receiving Services and/or Equipment (as defined in Section 4(A)) pursuant to a Promotion Agreement that requires you to pay in full for all Services and/or Equipment prior to receiving such Services and/or Equipment (a “Pre-Pay Promotion”).
    5. Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade your Services only when you renew. You may not downgrade your Services during the term of a multi-month subscription.
    6. Ordering Pay-Per-View. You may use your remote control and on-screen program guide to order pay-per-view Services through your television if your DISH Network receiver is connected to a land-based telephone line and/or a broadband home network. You may also order DISH Network pay-per-view Services by calling 1-877-DISH-PPV (3474-778) and using our automated system, or speaking with a live operator at one of our customer service centers; in either case, a fee will apply as detailed in Section 2(D). Pre-Pay Promotion customers may only order pay-per-view Services by calling 1-877-DISH-PPV (3473-778).
    7. Accessing the Internet Through Your Receiver. Some of our receivers can be used to access websites and information on the Internet. Neither DISH Network nor EchoStar Technologies L.L.C. (“EchoStar”) has any control over such websites and information, and neither we nor EchoStar make any representations, warranties or guarantees as to the availability or content of such websites and information, including without limitation: (i) the accuracy, availability, sequence, completeness, timeliness, copyright compliance, legality, content, validity, or quality of any such websites or information; or (ii) whether using the software contained in such receivers may result in accessing unintended, inappropriate or objectionable content. We and/or EchoStar may change, limit, suspend, disable and/or remove your ability to access the Internet using your receiver at any time without notice. We and/or EchoStar may also limit or restrict the websites and information that you may access on the Internet using your receiver at any time without notice.
    8. Private Home Viewing Only. DISH Network provides Services to you solely for viewing, use and enjoyment in your private home. You agree that no Services provided to you will be viewed in areas open to the public, commercial establishments or other residential locations. Services may not be rebroadcast or performed, and admission may not be charged for listening to or viewing any Services. If your Services are viewed in an area open to the public, a commercial establishment or another residential location, we may disconnect your Services and, in addition to all other applicable fees, you must pay us the difference between the price actually paid for Services and the full applicable rate for such Services, regardless of whether we have the right to distribute such Services in such other location.
    9. Changes in Services Offered. We may add, delete, rearrange and/or change any and all programming, programming packages and other Services that we offer, as well as the prices and fees related to such programming, programming packages and Services, at any time, including without limitation, during any term commitment period to which you have agreed. If a change affects you, we will notify you of such change and its effective date. In the event that we delete, rearrange or change any programming, programming packages or other Services, we have no obligation to replace or supplement such programming, programming packages or other Services. You are not entitled to any refund because of a deletion, rearrangement or change of any programming, programming packages or other Services.
    10. Promotional Offers and Items. If a third party, such as an independent DISH Network retailer, integrator or private cable operator, offered you a promotional offer or item in connection with your subscription to the Services, such third party is wholly responsible for fulfilling such promotional offer or providing such promotional item, and DISH Network is not in any way responsible for such fulfillment.

    2. BILLING POLICIES; PAYMENTS FOR SERVICES; FEES

    1. Payments. You agree to pay all amounts billed for Services, as well as all taxes, fees and other charges, if any, that are now or may in the future be assessed in connection with any Services you receive from us, and any other charges due and owing to us. State and local taxes or reimbursement charges for gross earnings taxes imposed on satellite providers for transmission of programming in some states may apply. Unless you prepay for a multi-month subscription to Services or prepay for all Services as required by your participation in a Pre-Pay Promotion, we will bill you monthly in advance for most Services and in arrears for other Services such as pay-per-view ordered by you or anyone who uses your Equipment, whether with or without your permission, until you cancel your Services. Multi-month subscription customers and Pre-Pay Promotion customers will be billed based on your pre-pay period (multi-month subscriptions) or monthly (Pre-Pay Promotion customers), and must make all payments in advance of the due date on your bill in order to continue receiving your Services; you must also pre-pay for all other Services, such as pay-per-view, ordered by you or anyone who uses your Equipment, whether with or without your permission.
    2. Billing Policies. Your bills will show the total amount due, the payment due date, payments, credits, purchases and other charges to your account. You may submit your payment by mail, on our website, through our AutoPay program, by calling an MDU Communications customer service representative, or by any other means that we designate. Partial payments will be applied first to the oldest outstanding bill. You must make your payment regardless of whether you receive a bill. We do not assume the risk of undelivered mail. If you send checks or money orders marked with a designation such as “payment in full,” we can accept them without waiving any of our rights, including without limitation, our rights to collect any other amounts owed by you, notwithstanding your characterization of such payment. MDU Communications does not extend credit to our customers, and the Late Payment Fee (as detailed in Section 2(D)) is not interest, a credit service charge or a finance charge. Certain fees and charges may apply in certain circumstances to your payment for the Services, including without limitation, those set forth in Section 2(D).
    3. Alterations to Payment Terms. If you pay for a monthly subscription (other than a Pre-Pay Promotion) and your account is past due on more than one occasion, we may require that you pay for all Services and Equipment before you receive them, and you will be deemed to be receiving your Service under a Pre-Pay Promotion, at which point, all terms and conditions of such Pre-Pay Promotion will apply to you. If you paid for a multi-month subscription to any Services and your account is past due for any amount, we may convert your multi-month subscription to a monthly subscription, and we will first apply the amount you paid for your multi-month subscription to any past due amounts and then to any obligations you incur in the future.
    4. Fees. In addition to any amounts due for your Services and any other amounts due under this Agreement or any applicable Promotion Agreement, you agree to pay the fees listed below (“Fees”) if and when applicable. MDU Communications may change these Fees, increase or decrease these Fees, or impose additional Fees at any time upon notice to you. Discounts on certain monthly fees may be available from time to time if you subscribe to certain programming packages and/or use certain Equipment. Additional fees may apply for non-standard installations or if you upgrade your Equipment after installation.
      Monthly Fees
      Type of Fee Amount Description of When Fee Applies
      Receiver Fees $7.00 Per high definition (HD) receiver.
      $12.00/$17.00 First DVR receiver/ Additional DVR receiver.
      $7.00 First Standard definition receiver (SD)/Additional SD receiver.
      $12.00/$17.00 First HDDVR receiver/ Additional HD DVR receiver.
      DishHOME Protection Plan $4.00 You participate in the DishHOME Protection Plan.
      HD Access $10 When you subscribe to HD packages, this access fee applies
      Late Fee $5.00 Per month for any account that is past due
    5. Unreturned Equipment Charges. The receiver(s), smart card(s), remote control(s), power cords and other ancillary equipment provided to you under this Agreement are leased and remain the property of MDU Communications at all times. You agree that you will return all such equipment in accordance with the “Equipment Return” section below within 30 days following downgrade or disconnection of service, and if you do not, DISH will charge the following “Unreturned Equipment Charges” to your Qualifying Card, as applicable: power cords and other ancillary equipment $20; all standard-definition receivers $100; high-definition (HD) non-DVR receiver, $200; HD DVR receiver, $300; and SlingLoaded™ DVR $400, $50 per Box If your account is involuntarily deactivated for failure to pay your bill or otherwise, MDU Communications will charge the applicable Unreturned Equipment Charge(s) to your Qualifying Card within 72 hours following deactivation. If you return such equipment in accordance with this Agreement, such Unreturned Equipment Charge(s) will be refunded upon MDU Communications receipt of the applicable equipment.