BOSNATV General Terms of Service
1. GENERAL AGREEMENT
The following Terms of Service (referred to as "TOS") are between you, the customer, and INTERCOM VENTURES, LLC, which does business as BosnaTV ("BosnaTV"). The TOS constitute a legal document that details your rights and obligations as a purchaser of BosnaTV Voice service and/or BosnaTV TV service (individually and collectively referred to as "Services"). If you purchase BosnaTV Voice service, your TOS include the General Terms of Service set forth herein. If you purchase BosnaTV TV service, your TOS include the General Terms of Service set forth herein and the attached Customer Order Form ("Order Form"). Your TOS also include the Acceptance Form For Terms Of Service For Purchase And Use Of BosnaTV Voice And/Or BosnaTV TV provided to you when Services are installed. Your TOS will continue to apply to your Services when they are transferred from one location to another.
You must accept these TOS as a condition of receiving the Services. For purposes of these TOS, "you" and "your" refer to the person purchasing the Services. "We," "our," "us," refer to BosnaTV.
BosnaTV will comply with all applicable federal, state and local laws, to the extent that such laws apply to BosnaTV and its obligations under the TOS. If there is any conflict between the TOS and such applicable law, such applicable law controls. These conflicts could include, but are not limited to, fees and charges for service, billing and payments, notices, and your rights and remedies.
Legal Authority. You must be at least 18 years of age to purchase the Services as an individual or to accept these TOS as an authorized representative for the person or entity who purchases the Services. By accepting these TOS, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting these TOS, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours. All use of the Services, whether or not authorized by you, shall be deemed your use. You are responsible for ensuring that all use of the Services complies with these TOS.
By enrolling in, activating, using, or paying for the Services, you agree to the terms and conditions in these TOS, including but not limited to the prices, charges, and terms and conditions provided to you on the Order Form attached hereto, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by calling BosnaTV at 1-800-771-0790 for further directions.
Updates. These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time at: www.bosnatv.com/TOS. If BOSNATV makes a change to these TOS and that change has a material impact on the Services, you will be provided notice of that change. Your continued use of the Services following such notice constitutes your acceptance of those changes.
Special Arrangements. Some customers may receive the Services through a special arrangement with their property owner or manager. If you have such an arrangement, these TOS shall apply to the Services, except that BOSNATV may not directly charge you for Services (including Equipment) provided to you as part of the special arrangement, and the Equipment return provisions may not apply to you even though Equipment remains BOSNATV-owned. You will be responsible for fees and charges associated with additional Service orders. You may have an additional agreement or contract with your property owner or manager that covers any applicable special arrangement. Any such additional agreement or contract is outside these TOS and BOSNATV is not responsible for nor bound by the terms of any agreement you may have with your property owner or manager. If the special arrangement with your property owner or manager terminates, you may have the option to continue receiving Service under standard billing terms and these TOS.
2. IMPORTANT TERMS
Use of the Services is subject to the BOSNATV Acceptable Use Policy (available at www.bosnatv.com/policy), which is incorporated herein by reference. Once you have purchased the Services you will have an account with BOSNATV ("BOSNATV Account"). Your BOSNATV Account will include information applicable to the Services including but not limited to billing information and charges related to the Services (whether recurring or one-time). The BOSNATV Privacy Policy, which is incorporated herein by reference and is available online at www.bosnatv.com, addresses BOSNATV's use of account information and other information specific to your use of BOSNATV TV service. The BOSNATV Privacy Policy for BOSNATV and BOSNATV Video Services, which is incorporated herein by reference and is available online at www.bosna.tv, addresses BOSNATV's use of account information and other information specific to your use of BOSNATV TV service.
3. INSTALLATION/SERVICE
You will be responsible for payment of service charges for visits by BOSNATV or its subcontractors to your premises when a service request results from causes not attributable to BOSNATV or its subcontractors. You will provide BOSNATV and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that BOSNATV may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces). If you do not own your premises or your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations BOSNATV deems appropriate for the work to be performed.
You acknowledge that BOSNATV may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give BOSNATV permission to use, alter, and remove equipment from, such wiring. If your unit is part of a multi-tenant environment, you acknowledge that BOSNATV may use existing wiring located outside of your unit ("Outside Wiring"). You also warrant that you have received permission from any necessary party, including but not limited to the landlord or manager of the property, to allow BOSNATV to use the Outside Wiring. Without limiting any other provisions of this TOS, you agree to indemnify BOSNATV from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.
4. FEES AND CHARGES
Agreement to Pay. You agree to pay all fees and charges for the Services associated with your BOSNATV Account, including recurring and nonrecurring charges, taxes, fees, surcharges, and assessments applicable to the Services, associated equipment, installation and maintenance, and including all usage and other charges associated with your account. In order to provide you with the Services, BOSNATV may pay taxes, fees, and surcharges to municipalities and other governmental entities, which BOSNATV may pass on to you.
Late Payment Charge and Dishonored Check or Other Instrument Fee. If the entire amount of payment due is not received by the payment due date, a late payment charge will be charged to you. BOSNATV may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse BOSNATV for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You will be charged a fee for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason.
Changes to Fees & Charges. If you signed up for Services for a specified term, BOSNATV will automatically begin charging the applicable month-to-month fee at the conclusion of your term. If you purchased the Services as part of a bundled offering with one or more other products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. BOSNATV may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges.
5. BILLING AND PAYMENTS
Credit Card Authorization. You may be asked to provide us with a valid email address and a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize BOSNATV to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize BOSNATV and/or any other company who bills products or services, or acts as billing agent for BOSNATV to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.
You agree to provide BOSNATV with updated credit card information upon BOSNATV's request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Without limiting the applicability of any other provisions of this TOS, you acknowledge and agree that neither BOSNATV nor any BOSNATV affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at BOSNATV's option, to the account number provided for such automatic payment or electronic funds transfer plan.
Advance Payments And/Or Deposits. We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in these TOS or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by BOSNATV of satisfactory payment history or as required by law, BOSNATV may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by BOSNATV.
Payment Cycle and Cancellation. Billing for the Services commences seven (7) days after the date on which BOSNATV charges the customer for the initial month's subscription fee and the equipment fee which includes the price of the receiver, along with taxes and shipping fees. Recurring charges for each month's Services will be billed one month in advance on the same, or approximately the same, day of each month. Non-recurring and usage-based charges for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination you will be charged the applicable termination fees, if any. Month to Month customers will receive Service throughout the end of the current billing cycle. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
Method of Billing/Payment. Fees and charges for the Services will be billed to your BOSNATV Account. You will receive an online bill for the Service. You must register online to establish a personal BOSNATV My Account and provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal BOSNATV My Account (username and password required). You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying BOSNATV if your password is lost or stolen. BOSNATV is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you forgot your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify BOSNATV immediately if your contact information changes.
Bill Inquiries and Refunds. If you believe you have been billed in error for the Services, please notify us within sixty (60) days of the billing date by contacting Customer Service (1-800-771-0790). BOSNATV will not issue refunds or credits after the expiration of this sixty-day period, except where required by law or regulation.
Promotions and Contingent Benefits. You may receive or be eligible for certain discounts, features, promotions, and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on the BOSNATV web site, or in other materials ("Benefits"). Any and all such Benefits are provided to you so long as you continue to meet qualification requirements; provided, however, such Benefits may be modified or terminated at any time as set forth in these TOS or if you change you Services after installation. Unless otherwise set forth in Benefits materials, standard monthly rates will be charged at the conclusion of the Benefits period or when you no longer qualify for the Benefits.
6. EQUIPMENT
Purchase or Rental of Equipment. The customer may be required to purchase or rent certain equipment including a receiver (the prices for the purchase or rental of a receiver is set forth on the Order Form) that is required for the Services to function (herein collectively referred to as "Equipment"). You may either agree to rent the Equipment, depending on which type of Services you purchase, or purchase the Equipment from PolTV. Rental fees will be included in your monthly charge for the Services. The Equipment requires electrical power from your premises to operate, which you are responsible for providing.
Return of Equipment. Upon termination of the Services, for whatever reason, you must return any rented Equipment, undamaged, within twenty one (21) calendar days to BOSNATV at its main office of 350 N. LaSalle Blvd., Tenth Floor, Chicago IL, 60654. If the rented Equipment is not returned within twenty one (21) calendar days of the termination of your Service, or is returned damaged, you will be charged for the value of the Equipment. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the Equipment within this time period. If the Equipment is returned within six (6) months of termination, any fees charged for the Equipment will be refunded (other than fees for damages). No refunds will be made for any Equipment returned more than six (6) months after termination.
7. INDEMNITY
You agree to indemnify and hold BOSNATV and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding , including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees, made by any party against BOSNATV, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this TOS, or your violation of any rights of another.
8. INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE
Service may be temporarily interrupted or otherwise limited for a variety of reasons, some beyond the control of BOSNATV. BOSNATV reserves the right to refuse credit allowances for interruptions of Service. BOSNATV also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that BOSNATV may establish general practices and limits concerning use of the Services, including without limitation, the limits set forth in the attached Order Form.
IP Network Interruptions. You acknowledge and understand that the Services will not function in the event of an IP network interruption.
9. ACCOUNT SECURITY
Customer Duty. You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your BOSNATV Account, password, user ID, or IP address. You agree to: (a) immediately notify BOSNATV if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with the Customer either for profit or not for profit) or unauthorized disclosure or use of your BOSNATV Account, password, user ID, or any credit or charge card number provided to BOSNATV by calling 1-800-771-0790; (b) ensure you exit from your account as applicable at the end of each session; and (c) periodically change your password.
Account Access. You authorize BOSNATV to provide information about and to make changes to your BOSNATV Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
Assumption of Risk. There is a risk that other users may attempt to access your Services, such as through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
Theft of BOSNATV Equipment or Service. You agree to notify BOSNATV immediately, in writing or by calling the BOSNATV customer support line, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide your BOSNATV Account number and a detailed description of the circumstances of the Equipment theft, including documentation of theft (e.g., a copy of a police report) or stolen or fraudulent use of the Services. You will be responsible for all charges incurred on your BOSNATV Account until you report the theft or fraudulent use of the Services. You will be responsible for stolen Equipment, however, BOSNATV may in its sole discretion waive or reduce charges for stolen Equipment upon submission of documentation of theft or other circumstances. Failure to provide notice to BOSNATV of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by BOSNATV, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.
10. SUSPENSION AND TERMINATION
Suspension/Termination by BOSNATV. Your Services may be suspended or terminated if your payment is past due. While your Services are suspended you will not receive automatic credit balances (if any are due) and billing will continue for your monthly charges, and any applicable promotional offers may be discontinued and revoked as determined solely by BOSNATV. You may be charged a fee to restore your Service from suspension. In addition, BOSNATV may immediately terminate all or a portion of your Service or suspend Service, without notice, for conduct that BOSNATV believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws); or (c) is a violation of these TOS, or any applicable policies or guidelines (including the Acceptable Use Policy), and BOSNATV may refer such use to law enforcement authorities without notice to you. Termination or suspension by BOSNATV of the Services also constitutes termination or suspension (as applicable) of your license to use any Software, if applicable.
Contacts to Terminate Service. You may terminate the Services at any time by calling 1-800-771-0790. You must pay service fees and other charges incurred through the termination date. No cancellation or disconnect fee will apply, but you may be charged the value of any Equipment that is not returned in accordance with this TOS, including the Order Form attached hereto.
11. SOFTWARE
The Services use and include certain software and/or firmware (the "Software"). Some Software resides on the Equipment.
End User License Agreement. If you downloaded or installed Software, your use of that Software is subject to the End User License Agreement that accompanied that Software. With regard to any Software (including Software upgrades, changes, or supplements) which is not accompanied by an End User License Agreement, BOSNATV, or its applicable third party licensors, grants you a limited, personal, non-transferable, and non-exclusive right and license to use the object code of its Software on the Equipment; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or structure, sequence and organization of, sell, assign, sublicense, distribute, rent, lease, grant a security interest in, or otherwise transfer any right in the Software. You acknowledge that this license is not a sale of intellectual property and that BOSNATV or its third party licensors, providers or suppliers continue to own all right, title and interest to the Software and related documentation. The Software is protected by the copyright laws of the United States and international copyright treaties.
Export Limits. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at 48 CFR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 and in similar clauses in the NASA FAR Supplement.
NOTICE ABOUT AUTOMATIC SOFTWARE UPGRADES. BOSNATV, or its applicable third party licensors may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or updating security components). You understand and agree that BOSNATV, or the applicable third party licensor, has the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on the Equipment at any time. Although unlikely, Software upgrades, updates, or supplements could reset your Equipment and erase saved preferences and stored content.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
o a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOSNATV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
o b. BOSNATV MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVICES WILL NOT CONFLICT OR INTERFERE WITH OTHER SERVICES FROM BOSNATV OR THIRD PARTIES THAT YOU RECEIVE AT YOUR PREMISES.
o c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOSNATV OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOSNATV SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BOSNATV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) USE OF THE SERVICES (WHICH INCLUDES EQUIPMENT, SOFTWARE, AND INSIDE OR OUTSIDE WIRING), (b) THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, (c) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF THE SERVICES, EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A BOSNATV INSTALLER, TECHNICIAN, OR OTHER REPRESENTATIVE, AND/OR (d) ANY INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF THE SERVICES.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BOSNATV IN CONNECTION WITH THE SERVICE IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
15. NOTICE
Unless otherwise specified in these TOS, notices to you may be made via email, regular mail, posting online at www.bosnatv.com, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. In addition, if you purchase BOSNATV TV service, BOSNATV may also provide notices of changes to these TOS or other matters by displaying notices on BOSNATV TV. It is your responsibility to check for such notices.
Unless otherwise specified in these TOS, notices by you to BOSNATV must be given by calling 1-800-771-0790 and such notices are effective as of the date that our records show we received your call; LEGAL NOTICES must be given by letter delivered by first class US mail to BOSNATV, 350 N. LaSalle Street, Chicago, IL 60654.
16. INTELLECTUAL PROPERTY
All portions of the Services and Equipment and any firmware or software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, information, documents, and materials on related web site(s) are the property of BOSNATV or third-party providers and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of BOSNATV or third-party providers are and shall remain the exclusive property of BOSNATV or third-party providers, and nothing in this Agreement shall grant you the right to right or license to use such Marks.
17. CREDIT REPORTING AUTHORIZATION
As permitted under applicable laws and without limitation to other rights provided in these TOS or other applicable policies, you authorize BOSNATV to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with BOSNATV's offering of the Services and other services. You understand that if you fail to fulfill the terms of your obligations under these TOS, BOSNATV may report your failure to a credit reporting agency.
18. ASSIGNMENT
BOSNATV may assign these TOS and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TOS or your rights or obligations pertaining to the Services or any parts thereof without the written consent of BOSNATV.
19. MISCELLANEOUS PROVISIONS
o a. These TOS do not provide any third party with a remedy, claim, or right of reimbursement.
o b. These TOS, any policies, guidelines, or other documents referenced herein, the provisions set forth in any marketing and informational materials or promotional offers for the Services, and the terms and conditions posted on the BOSNATV web site constitute the entire agreement between BOSNATV and you and supersede any prior agreements between you or BOSNATV with respect to the subject matter of these TOS.
o c. These TOS and the relationship between you and BOSNATV will be governed by the laws of the State of Texas without regard to its conflict of law provisions, and you and BOSNATV agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bexar County, Texas.
o d. The failure of BOSNATV to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision.
o e. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS shall remain in full force and effect.
o f. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
o g. The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.
BOSNATV TV SPECIFIC TERMS OF SERVICE
1. Service Description
BOSNATV TV Service includes the provision of the content chosen by the customer from the Order Form for the term chosen by the customer from the Order Form and the Equipment (see Section 6 of the General Terms of Service), Software (see Section 11 of the General Terms of Service), accessories, and tools (including a "remote access" tool which allows you to access portions of your BOSNATV TV service from a website or other medium). All prices listed on the Order Form are subject to change in the discretion of BOSNATV.
2. Billing And Payments
For BOSNATV TV Service, non-recurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, Video on Demand and Pay Per View. As long as payments are current, you will have a $50 limit per bill cycle on such one-time orders billed to your account. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
3. Service-Specific Equipment
Equipment for BOSNATV TV service includes a BOSNATV TV Receiver ("Receiver"). You may request additional Receivers and additional purchase and rental fees may apply depending on the BOSNATV TV package purchased.
4. Interruptions, Limitations, And Modifications To Service
Some programming may not be available in certain areas due to legal, regulatory, and contractual prohibitions, including restrictions of the Federal Communications Commission and sports blackouts. If you also purchase BOSNATV Voice service, Caller ID information for BOSNATV Voice calls can be displayed on your TV screen. In addition, call history information for all missed and answered calls can be displayed on your TV screen and cannot be PIN protected. Call history for dialed calls cannot be displayed on your TV screen.
As permitted under applicable law, in addition to other rights provided for in this TOS, in the event a payment is past due, BOSNATV may restrict your account to prevent access to video on demand, pay-per view, and other usage-based services and content.
5. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOSNATV MAKES NO WARRANTY THAT THE SERVICE WILL ALLOW YOU TO RECORD, VIEW, OR TRANSFER ANY PARTICULAR PROGRAM OR CONTENT.
6. Intellectual Property
BOSNATV TV is provided for your non-commercial personal viewing, use, and enjoyment in a private residential dwelling/office unit. You agree that the BOSNATV TV service will not be viewed in areas open to the public or in commercial establishments, and that admission will not be charged for listening to or viewing the Service. Your BOSNATV TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the "fair use" provisions of the U.S. copyright laws.
7. Trial Period
BOSNATV customers may receive a 30 day trial period which commences seven (7) days after the date on which BOSNATV charges the customer for the initial subscription fee and equipment fee which includes the price of the receiver, as set forth on the Order Form, along with taxes and shipping fees. In order to stop the Service during the trial period, the customer must call BOSNATV at 1-800-771-0790 to cancel the Service before the expiration of the 30 day trial period.
8. Cancellation and Expiration of Service
For customers that cancel the Service during the 30 day trial period and return the Equipment to BOSNATV at, and only at, 350 N. LaSalle Blvd., Suite 1000, Chicago, IL 60654 in good and working condition, as determined by BOSNATV in its discretion, BOSNATV will refund the purchase price, or rental fee, as applicable, paid by the customer for the receiver plus tax. If the customer cancels his or her Service during the 30 day trial period, the customer shall only be obligated to pay for one month's Services. If the customer cancels his or her Service after the 30 day trial period ends, the customer shall pay BOSNATV an early Service termination fee as follows:
(a) If the customer has purchased a one (1) year Service Contract, the customer shall pay the greater of $100 or fifty percent (50%) of the remaining balance due under the Service Contract.
(c) If the customer has purchased month-to-month Service, the Service will terminate at the end of the month in which the customer notifies BOSNATV of such termination.
After the expiration of one year Service Contract, the customer shall automatically become month-to-month customer and such Service rates shall apply. Notwithstanding the foregoing, to the extent that a customer has rented a receiver, the customer shall continue to pay monthly rental fees on such receiver after the applicable Service Contract has terminated based on the rental fees paid by the customer during the term of the Service Contract.
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