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VIEWNOW TERMS OF SERVICE THIS IS AN AGREEMENT BETWEEN YOU AND Buckeye CableSystem (WITH ITS AFFILIATES, “we” or “our” or “us”). PLEASE READ THESE RULES AND POLICIES RELATED TO THE VIEWNOW SERVICE (“TERMS OF SERVICE” OR “ToS”). YOU ACCEPT AND AGREE TO THE ToS BY SUBSCRIBING TO OR USING THE VIEWNOW SERVICE. 1. THE VIEWNOW SERVICE Through the ViewNow Service (the "ViewNow Service"), we offer you digitized versions of movies and other video content (collectively, "ViewNow Content") which you may access under the terms and conditions set forth in this ToS. 2. AUTHORIZED DEVICES In order to be able to stream ViewNow Content from the ViewNow Service and to view ViewNow Content on the ViewNow Service, you will need to (i) be located in the United States, (ii) have a subscription account for ViewNow Content in good standing with us (“account”), (iii) access the ViewNow Service via one or more of our Set Top Boxes registered to you (each, an “Authorized Set Top Box”) or use a personal computer, portable media player, or other Internet protocol connected consumer electronic device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the ViewNow Service and which is registered with us as being associated with the account with verified credentials (each such device, an "Authorized Device"). We may change the requirements for Authorized Devices from time to time and, in some cases, whether a device is (or remains) an Authorized Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Authorized Devices at one time may cease to be Authorized Devices in the future. 3. VIEWNOW CONTENT a. General. The ViewNow Service allows you to access ViewNow Content on a monthly subscription basis for viewing over a limited period of time during the subscription period. The ViewNow Service is dynamic, meaning that the specific ViewNow Content available and the amount of ViewNow Content available will generally change over time. We make no guarantee as to the availability of specific ViewNow Content or the minimum amount of ViewNow Content available at any time. b. Usage Rules. Your use of ViewNow Content is subject to the ViewNow
Content Usage Rules (the "Usage Rules") attached hereto. The Usage Rules provide important information regarding your use of ViewNow Content, including the time period during which you are authorized to view (the "Viewing Period") each type of ViewNow Content and the limitations on the number and type of Authorized Devices and/or Authorized Set Top Boxes on which each type of ViewNow Content may be streamed and viewed. c. License to ViewNow Content. Subject to your payment of any applicable fees (including applicable taxes) to obtain access to ViewNow Content, and your compliance with all other terms we specify for ViewNow Content or the ViewNow Service, we grant you a non-exclusive, nontransferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access and view the ViewNow Content in accordance with the Usage Rules, for Non-Commercial, Private Use. Except for the rights explicitly granted in the previous sentence, all rights in the ViewNow Content are reserved by us and/or the applicable ViewNow Content providers. As used herein, "Non-Commercial, Private Use" means a presentation of ViewNow Content for which no fee or other consideration of any kind (other than that which you pay to us to view the ViewNow Content) is charged or received by you or any other person or entity (other than us), which takes place in your private home or other residential dwelling unit or, if outside your private home or other residential dwelling unit (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees on your Authorized Device only. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by or for a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the ViewNow Content. To simplify your viewing and management of ViewNow Content that has a limited Viewing Period, we may automatically remove that ViewNow Content from your Authorized Device after the end of its Viewing Period, and you consent to such automatic removal. d. Streaming. When you stream ViewNow Content, the resolution and quality of the ViewNow Content you receive will depend on a number of factors, including the type of Authorized Device on which you are streaming the ViewNow Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that ViewNow Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the ViewNow Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the ViewNow Content you will receive when streaming, even if you
have paid extra for access to high definition content. e. General Restrictions. You may not transfer, copy, exhibit or display any of the ViewNow Content, except as expressly permitted in this ToS. Your limited right to view the ViewNow Content via your subscription account to the ViewNow Service does not extend beyond the single household associated with such account; therefore, you are prohibited from sharing access to your account with others outside of such household. In addition, you may not: (i) sell, rent, lease, distribute, broadcast, sublicense, encumber or otherwise assign any right to the ViewNow Content to any third party; (ii) remove any proprietary notices or labels on the ViewNow Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the ViewNow Service; or (iv) use the ViewNow Service or ViewNow Content for any commercial or illegal or unauthorized purpose. 4. LIMITED TO U.S. Due to restrictions placed on us by our ViewNow Content providers, we are currently only able to make the ViewNow Service available to customers located in the United States (the “Territory”). We regret that you may not use the ViewNow Service or view the ViewNow Content if you are outside of the United States, with the exception of any temporary downloads of ViewNow Content to your Authorized Device but only if we expressly permit such temporary downloads for particular ViewNow Content. "United States" refers to the 48 contiguous United States, the District of Columbia, Alaska, Hawaii, Puerto Rico and its other territories and possessions. 5. ADDITIONAL TERMS a. Termination. If you violate any of the terms or conditions of this ToS, your rights under this ToS will automatically terminate without notice from us, and we may, in our sole discretion, immediately revoke your access to the ViewNow Service without notice to you and without refund of any fees. In such event, we shall have the right, without notice to you, to automatically discontinue your access to ViewNow Content from the ViewNow Service (and disable access and viewing of any expressly permitted temporary downloads of any such Content). b. Modification of ViewNow Service. We reserve the right to modify, suspend, or discontinue the ViewNow Service, or any part thereof, at any time and without notice to you, and we will not be liable to you should we exercise such rights, even if your use of ViewNow Content is impacted by the change.
c. Amendments. We reserve the right to make changes to this ToS at any time. Your continued use of the ViewNow Service following any such changes will constitute your acceptance of such changes. d. Third-Party Beneficiaries. Providers of ViewNow Content that you view on the ViewNow Service are intended third-party beneficiaries under this ToS. e. Contact Information. For communications concerning this ToS, please contact us via our website. f. Other Terms of Service. These ViewNow ToS are in addition to our Video Terms of Service, all of which are applicable to you as a subscriber to our video services, and can be found on our website at www.buckeyecablesystem.com.
VIEWNOW CONTENT USAGE RULES These rules and regulations (the “Usage Rules”) govern the usage of ViewNow Content on the ViewNow Service and are subject to change at any time. Your continued use of the ViewNow Service following any such changes will constitute your acceptance of such changes. Violation of the Usage Rules may result in the immediate suspension or termination of your access to ViewNow Content pursuant to Section 5(a) of the ToS. 1. The ViewNow Content may be viewed only within the Territory on up to that number of Authorized Devices and/or Authorized Set Top Boxes as approved by us and registered to your account. The maximum number of Authorized Devices allowed per account is five (5). Any Authorized Device that is de-authorized in order to authorize an additional Authorized Device will not be permitted to be re-authorized for at least ninety (90) days. There is no limit on the number of Authorized Set Top Boxes within your residence. 2. You can simultaneously stream the same title of ViewNow Content to no more than three (3) Authorized Devices at a time (no such restriction exists on Authorized Set Top Boxes). Additionally, the Usage Rules may vary depending on the specific title of ViewNow Content. For example, the format of a specific title (e.g., SD or HD) available for viewing may be limited
depending on which formats are authorized for viewing on a specific Authorized Device and/or Authorized Set Top Box. 3. In order to improve your viewing experience and to make it more convenient, the ViewNow Service allows you to temporarily download and cache certain titles of ViewNow Content to your Authorized Device(s). You can have a maximum of ten (10) total titles of such ViewNow Content downloaded at a time across all Authorized Devices associated with your account, but you will only be able to view such downloaded titles via one (1) Authorized Device at a time. Your access to view the temporarily downloaded ViewNow Content will expire no later than thirty (30) days after temporarily downloading the title to your Authorized Device, or sooner if the license period for such Content expires or your subscription to the ViewNow Service terminates. Some ViewNow Content may not be temporarily downloaded and may only be streamed instead. 4. Each title of ViewNow Content may be viewed an unlimited number of times but only within its applicable Viewing Period. 5. Following the end of its Viewing Period, the particular title of ViewNow Content will no longer be accessible on any Authorized Device or Authorized Set Top Box. 6. After your ViewNow Service subscription expires or is cancelled, you cannot watch any ViewNow Content unless you re-subscribe to the ViewNow Service.
