Agreement to Terms of Use
Agreement to Changes or Updates
Right to Deny Access
Violation of these Terms
Ownership
Website Participation
How to Discontinue Website Registrations
Accurate Transmissions
Participation Eligibility
Protection of Passwords
Restrictions on Use of Website Content
Framing and Linking Prohibitions
E-mail /Electronic Communication
Choice of Law and Forum
Access to Interactive Areas
Code of Conduct for Interactive Areas
Third Party Links
Advice and Opinions
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
Leaving this Site
INDEMNIFICATION
Website Security
Full Understanding
Modification of Terms
Validity of Terms of Use
Insight Broadband Service Agreement
Software License Agreement
Acceptable Use Policy
Copyright Claims




Agreement to Terms of Use

Please read this Terms of Use in its entirety before using any portion of this web site. Visitors must follow the Terms of Use and all posted guidelines or rules. Your access or use of this website constitutes your agreement to be bound by the Terms of Use, including any changes that exist when you re-access our site. If you do not agree with the Terms of Use, do not use any portion of this site. If you do not understand any provision of the Terms of Use, we encourage you to contact us. If you discontinue use of the site, it shall not modify any terms that apply to your prior access or usage on the site.

If you are an Insight Broadband High-Speed Broadband Internet Service Customer, you are also subject to additional Insight Broadband High-Speed Broadband Internet Service policies contained in the Service Agreement, Software Agreement and AUP.

Agreement to Changes or Updates

We may, in our sole discretion, modify or update this Terms of Use at any time without notice. Any changes in our Terms of Use will be incorporated into a revised Terms of Usage Agreement that we will post on this website. Unless otherwise specified, such changes shall be effective when they are posted. All visitors have the obligation to review changes to our Terms of Use. Your continued use of the site following such changes shall constitute your agreement to the revised Terms of Use.

Right to Deny Access

We retain the right to deny access to our website, in our sole discretion, to any visitor for any reason, including for any violation of the Terms of Use and/or our AUP.

Violation of these Terms

If you violate the these Terms of Use, posted restrictions, guidelines or our Acceptable Use Policy (AUP), we may terminate your site registrations, participation and pursue any legal damages or remedies. We may also cooperate with local, state and/or federal authorities to protect our website, services, property, Content and/or visitors; to comply with applicable laws; or to prevent unauthorized or unlawful access or use of this website or site Content.

Ownership

This website is an online information and communications service provided by Insight Midwest, L.P. and its affiliates ("Insight," "We" or "Us"). Website features, Content, activities or promotions are owned and/or made available, sponsored or promoted by Insight, or our parents, subsidiaries or by entities under common ownership or control with Insight (Insight Entities). Although we make attempts to confirm that items provided on this site are current, site information and postings may not be updated daily, and therefore, may not be up-to-date. Material or Content on this site may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on this site without notice.

Website Participation

To participate in certain website activities or features, we may request that you submit certain personally identifiable information about yourself, including your name and personal contact information ("personal information"). All personal information collected from visitors by this website will be governed by our Website Privacy Policy, which is incorporated in this Terms of Usage Agreement by reference. Please carefully review our Website Privacy Policy to understand our collection, use and disclosure practices.

How to Discontinue Website Registrations

Participation on this website is voluntary. You may discontinue site registrations by following unsubscribe instructions contained in applicable site instructions or in e-mail or electronic communication sent from us.

Accurate Transmissions

Visitors are responsible for providing accurate information in connection with a visitor's participation and/or use of this website. Your participation in our website activities and/or Service subscription may be canceled if, at any time, we discover that you provide false information over our website or otherwise to us or our website contract providers, sponsors or to other Insight Entities. We may also pursue any legal remedies or damages following discovery of false transmissions.

Participation Eligibility

You must meet any designated minimum age requirements (for example, eighteen years of age or older) for participation in certain site activities, such as contests and/or special events. We may establish and post specific rules and terms for participation in each contest, sweepstake and/or special event.

Protection of Passwords

You are responsible for maintaining the confidentiality of passwords or other account information provided for registration in certain website activities or features. You agree to notify us of any unauthorized use of your password or other account information immediately after you become aware of such use, and further agree to indemnify and hold Insight and Insight Entities harmless from any claim, action or damages arising out of your improper use of or failure to keep your password or account information confidential.

Restrictions on Use of Website Content

This website contains materials and Content supplied by Insight, Insight Entities, partners and sponsors, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Insight, visitors may not copy, download, upload, modify, reproduce, republish, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, adapt, incorporate or create a derivative work of, in any manner, any material, logos, images, text, names, photographs, sound illustrations, marks, tools, graphics or other design elements obtained from this site, including code and software (collectively referred to herein as "Content"). Notwithstanding the above, visitors may print or download Content from this site only for individual, personal and non-commercial use, provided that the visitor does not republish or distribute the Content in any way and keeps intact all copyright, trademarks, service marks, patents and/or other proprietary notices and credit lines that appear with or on the site Content when copying or downloading.

Use of Content for commercial purposes or for any purpose not expressly permitted in this Agreement is prohibited. Visitors also agree not to engage in conduct that may alter, damage, interrupt or limit the functionality of Content or that infringes on any trademark, trade name, service mark or name, copyright or other proprietary right of any Content on this site. You also agree to not advertise any site Content as your own.

Framing and Linking Prohibitions

Visitors are prohibited from framing Insight's website or linking to any other page except Insight's homepage without the express written permission of Insight. For information on requesting such permission, please send a written request to Insight at: 810 7th Avenue, 41st Floor, New York, New York 10019, Attn: Legal Department. Decisions to grant or deny permission are within the sole discretion of Insight. Any links to Insight's homepage must not state or imply that Insight sponsors or endorses the linking site.

E-mail/Electronic Communication

Visitors sending e-mail or electronic communications to us shall not mask their identity by using a false name or another person's name or account. E-mail addresses or other personal information transmitted electronically to us will be protected in accordance with our Website Privacy Policy. We assume no obligation to protect any non-personal information transmitted to us via e-mail or electronically from further use or disclosure. The submission of non-personal information to us shall in no way prevent the purchase, manufacture, use or dissemination of similar ideas, plans, services, products or the like by Insight or Insight Entities, and Insight is free to reproduce, use, disclose and distribute such information to others without liability or restriction.

Choice of Law and Forum

This website is originated and located in the United States, and this Terms of Use shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and performed therein, excluding its conflicts of law rules. Visitors who choose to access this site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms of Use, this website, or access or usage of this site will be subject to the exclusive jurisdiction of the state and federal courts located within the state of New York, and you hereby expressly submit to the personal jurisdiction of such courts.

Access to Interactive Areas

We may provide access to interactive activities/areas through our website, such as chat rooms, bulletin boards, message boards, Personal Web Pages or auditoriums (collectively referred to as "Interactive Areas") for the enjoyment of our visitors. These Interactive Areas may be owned or operated by, or provided with the support of, parties other than Insight or Insight Entities, such as partners or third party contractors. These entities may share transcripts of Interactive Areas in accordance with the providers privacy policies. Access to such Interactive Areas may be limited by registration process.

Code of Conduct for Interactive Areas

Any submissions or postings by visitors to Interactive Areas will be considered public. You represent and warrant that you own, or have the right to provide, and are responsible and liable for any content, material or information that you e-mail, post, upload, transmit or otherwise make available for access in Interactive Areas. By participating in Interactive Areas, you grant Insight an irrevocable, royalty-free, perpetual, non-exclusive license to use, copy, display, modify, edit and create derivative works from and to distribute any content or information that you make available in Interactive Areas.

Insight, Insight Entities, members, employees, and any contract or operational providers that conduct, operate and/or manage Insight's Interactive Areas, will not be responsible or liable for the action or inaction of any visitors or third parties with respect to any information or content posted, uploaded or transmitted in Interactive Areas or over other portions of our website.

For increased security, you should not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address. You should always use your screen name (other than your real name) to identify yourself.

By accessing this website and participating in Interactive Areas, you agree to follow Insight's AUP and the following standards of conduct. You are responsible for all material, content and information that you post, e-mail, transmit, upload or otherwise make available through our website. You agree not to use Interactive Areas or this website to make available any content or to engage in any activity that:

1. is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
3. contains unauthorized advertising or solicits other visitors;
4. interrupts, destroys or limits the functionality or integrity of any computer software, hardware, content or information on this website;
5. disrupts Interactive Area enjoyment or incites other visitors to engage in disruptive conduct or to violate our standards of conduct; or
6. that otherwise violates the prohibitions contained in our AUP.

Postings to Interactive Areas may not be reviewed by Insight or its Interactive Area providers prior to appearing on the website. Insight and its Interactive Area providers reserve the right to (i) review any Interactive Area postings; (ii) change, delete, or remove, in part or in full, any postings or information in Interactive Areas; (iii) terminate or suspend access to such areas for conduct that we believe interferes with other peoples' enjoyment or that violates these standards or applicable law; and/or (iv) cooperate with local, state, and/or federal authorities in accordance with legal requirements, including making necessary disclosures, to enforce these standards and to investigate and prosecute violations of law.

Additional guidelines and/or standards of conduct may also be posted in certain Interactive Areas. Any posted guidelines will be incorporated into this Terms of Use agreement and visitors must comply with such guidelines. To the extent there is a conflict between a posted guideline and this Agreement, the posting for the specific area will govern.

Third Party Links

This website contains links and pointers to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience and for information purposes and do not constitute an endorsement or sponsorship by Insight or Insight Entities of any third partys resources, website, content, products or services. Insight does not warrant or support the accuracy or completeness of any third party links or sites. Any concerns regarding external links or websites should be directed to the respective website administrator or operator, and all third party interactions or transactions are solely between the visitor and third party. Insight reserves the right, in its sole discretion, to add or terminate links of any third parties available on this website.

Advice and Opinions

Our website may contain facts, views, opinions and statements of independent third parties and/or visitors. Insight and Insight Entities do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information posted, displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.

DISCLAIMER OF WARRANTIES

THE CONTENT AND INFORMATION ON OUR WEBSITE IS PROVIDED "AS IS" AND SOLELY FOR ENTERTAINMENT OR PROMOTIONAL PURPOSES. INSIGHT DOES NOT REPRESENT OR WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THIS WEBSITES ACCURACY, VALIDITY, CORRECTNESS, TIMELINESS, RELIABILITY OR THAT USAGE OF THE SITE, ITS POSTINGS OR CONTENT WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL APPLICATIONS. INSIGHT ALSO DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE SUITABILITY OF ANY MATERIALS OR CONTENT ON THE SITE FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE INSIGHTBB.COM WEBSITE IS AT YOUR SOLE RISK. YOU SHALL ASSUME THE ENTIRE COST FOR ANY SERVICING, REPAIR OR CORRECTION RELATED TO YOUR ACCESS SYSTEM AND YOUR ABILITY TO ACCESS THE SITE. NEITHER INSIGHT, NOR INSIGHT ENTITIES, MEMBERS, EMPLOYEES, AGENTS, CONTRACT PROVIDERS OR LICENSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE CONTENT CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING ANY RELIANCE ON ADVICE, STATEMENTS OR OPINIONS POSTED OR UPLOADED ON THE SITE; (V) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES; OR (VI) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THESE TERMS OF USE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF INSIGHT OR OF ANY OTHER PARTY PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL INSIGHT, INSIGHT ENTITIES, MEMBERS OR EMPLOYEES BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF INSIGHT, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

Leaving this Site

ONCE YOU LEAVE OUR INSIGHTBB.COM WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING. INSIGHT, INSIGHT ENTITIES, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR (I) THE CONTENT, ACTIVITIES, PRIVACY PRACTICES OR TERMS OF USAGE OF OTHER WEBSITES; (II) ANY LOSS, DAMAGE OR COSTS RELATED TO ANY PRODUCTS AND/OR SERVICES OFFERED OR PROVIDED BY OPERATORS OF OTHER SITES; OR (III) ANY LOSS, DAMAGE OR COSTS THAT RESULTS FROM LEAVING OUR WEBSITE.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INSIGHT, INSIGHT ENTITIES, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, SITE SPONSORS AND ANY INSIGHT CONTRACT PROVIDERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS OF USE; ANY UNINTENDED CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE INSIGHTBB.COM SITE; AND/OR YOUR POSTING OR TRANSMISSION OF INFORMATION OR MATERIALS OVER THIS WEBSITE.

Website Security

For information about our website security protections, please review our Website Privacy Policy.

Full Understanding

The Terms of Use provided herein contain the full understanding of the parties with respect to access and use of this website. If Insight updates any portion of these Terms of Use, all other portions of the Terms of Use will remain in full force and effect.

Modification of Terms

This Terms of Use agreement shall not be modified except by subsequent posting of a revised Terms of Use Agreement or in writing, signed by Insight.

Validity of Terms of Use

If any portion of the Terms of Use is held invalid or unenforceable, that provision shall be construed consistent with applicable law and the remaining provisions of the Terms of Use shall remain in full force and effect.


INSIGHT BROADBAND SERVICE AGREEMENT
The Insight Broadband High-Speed Broadband Internet Service will be provided to you ("Customer") on the terms and conditions set forth in this Service Agreement (the "Agreement") by Insight Midwest, L.P. ("Insight"), and/or an affiliate of Insight that owns and/or operates the cable television system in your area.

Index to Insight Broadband High-Speed Broadband Internet Service Agreement

1.    Acceptance of Terms
2.    Defined Terms
3.    Insight Broadband Internet Service Privacy Policy
4.    Equipment and Access
5.    Dispute Resolution
6.    Termination of the Service
7.    Representations and Warranties Regarding Eligibility, Payment and E-Mail I.D.
8.    Our Rights and the Rights of Third Parties
9.    ABCs of Insight Broadband Etiquette
10.  Content, Your Conduct and Use of the Service
11.  No Warranties; Limitation of Liability and Indemnification
12.  Miscellaneous


EXHIBIT A: Software License Agreement

1. ACCEPTANCE OF TERMS

Welcome! Insight is happy that you will be using and enjoying the benefits of the Insight Broadband High-Speed Broadband Internet Service ("Service"). We know you're anxious to begin using your Insight Broadband High-Speed Broadband Internet Service, but before you do, you must familiarize yourself with the terms of this Agreement, including the hypertext links to additional provisions, and our Acceptable Use Policy ("AUP") governing your use of the Service, our responsibilities to you and your responsibilities to Insight. By signing a paper copy of this Agreement, accepting an online version of this Agreement, by downloading or using the Service Software, or by ordering or using the Service, Customer is agreeing to be bound by all the terms and conditions of this Agreement, including all of its components, and is also agreeing to ensure that Users of Customer's account comply with the terms of this Agreement. Customer shall be responsible and liable for a User's use of Customer's account.

Insight may also, at any time and in its sole discretion, without notice, change, add to or remove portions of the Service (including, without limitation, content, functionality, hours of availability, equipment requirements, speed, upstream and downstream limitations, Service features, storage capacity, and protocol filtering) and/or institute or otherwise change fees and charges for the Service. If Customer is dissatisfied with the Service after such changes, Customer's only right and remedy is to cancel this Agreement as stated under the caption "Termination of the Service" below. The only right and remedy for Users that are dissatisfied with Service changes is to cease using the Service.

In addition, Insight may revise or replace this Agreement and/or any of its components at any time in its sole discretion. Insight will provide Customer (on behalf of his or herself and all Users) notice of changes to this Agreement. Customer's continued use of the Insight Broadband High-Speed Broadband Internet Service following transmission of notice of such changes shall be deemed to be Customer's acceptance of any such changes.

IF YOU ARE AN INSIGHT BROADBAND HIGH-SPEED BROADBAND INTERNET SERVICE CUSTOMER AND AT ANY TIME YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL OF ITS COMPONENTS, INCLUDING OUR ACCEPTABLE USE POLICY OR ANY ADDITIONAL POLICIES, TERMS AND CONDITIONS RELATED TO THE SERVICE, YOU MUST IMMEDIATELY STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT AS PROVIDED BELOW UNDER THE CAPTION "TERMINATION OF SERVICE." IF YOU ARE A USER OF THE SERVICE (A PERSON OTHER THAN A CUSTOMER) AND YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY OF ITS COMPONENTS THAT APPLY TO USERS, YOU MUST IMMEDIATELY STOP USING THE SERVICE.

2. DEFINED TERMS

The following terms used in this Agreement, the Insight AUP or additional Insight policies, have the meaning as provided below:

Customer. Refers to any person who (i) orders and/or subscribes to the Insight Broadband High-Speed Broadband Internet Service by signing a paper copy of this Agreement or an order for the Service; (ii) accepts an online version of this Agreement; (iii) downloads and uses the Service Software; or (iv) who is responsible for payment for the Service.

Customer Equipment. Equipment provided by Customer, used to access the Insight Broadband High-Speed Broadband Internet Service, which may include a personal computer, an Ethernet device, and an appropriate operating system.

Insight Broadband High-Speed Broadband Internet Service. The value-added Internet access service provided to Customer and Users, known as Insight Broadband High-Speed Broadband Internet Service, including all Software, downloadable materials, and other information that relates to Insight Broadband High-Speed Broadband Internet Service, which may include Internet access, e-mail services, usage of a portal or other Web site we, or any of our affiliates, may offer for the purpose of providing the Service and other related services (if any) that Insight designates as part of the Internet access service.

Insight Broadband Internet Service Equipment. Certain equipment provided by Insight or its designee used to operate the Insight Broadband High-Speed Broadband Internet Service, which may include software, external wiring and related electronic equipment installed by Insight.

Insight/we/our/us. Insight Midwest, L.P. and its affiliates. For purposes of this Agreement, "affiliate" shall include any entity that is controlled by or under common control with Insight Midwest, L.P. and that offers the Insight Broadband High-Speed Broadband Internet Service.

Premises. Customer's premises at which the Service will be accessed.

Software. Any Software -- Insight or third party owned -- that relates to your use of the Insight Broadband High-Speed Broadband Internet Service, that enables the Service to function or that we make available to you in connection with the Insight Broadband High-Speed Broadband Internet Service.

User/ Member. Customer or any other person who is authorized by Customer to use the Insight Broadband High-Speed Broadband Internet Service through Customer's account.

You/your. Any User or other person or entity using the Insight Broadband High-Speed Broadband Internet Service or any part of the Insight Broadband High-Speed Broadband Internet Service through Customer's account, including, but not limited to, using the Insight Broadband Web Site and the information or features offered in or through the Insight Broadband Web Site.

Third parties who contribute to the Insight Broadband High-Speed Broadband Internet service. Insight's affiliates, partners, members, employees, agents, licensors, suppliers, distributors, and any third-party distributors of the Insight Broadband High-Speed Broadband Internet Service or Software or third-party information providers to the Insight Broadband High-Speed Broadband Internet Service (including any third party sponsoring a Web Site that Insight by agreement establishes as a default home page for a Member or otherwise provides a hyperlink to the Insight Broadband High-Speed Broadband Internet Service).

3. Insight Broadband INTERNET SERVICE PRIVACY POLICY

When you sign-up for, register or use Insight Broadband High-Speed Broadband Internet Service, we collect certain information to conduct our daily business with you. We protect this information in accordance with our policies set forth in the Insight Broadband High-Speed Broadband Internet Service Privacy Policy. Please click here to view this Privacy Policy.

4. EQUIPMENT AND ACCESS

(a) Required Equipment. Customer understands and agrees that the Service requires certain Customer Equipment, as well as certain Insight Broadband Internet Service Equipment. If Customer is leasing a cable modem from Insight, the cable modem shall be Insight Broadband Internet Service Equipment. If Customer has purchased a cable modem (whether from Insight or from a third party) the cable modem shall be Customer Equipment. Whether the cable modem is owned by Customer or Insight, Insight shall have the unrestricted right, but not the obligation, to upgrade the firmware in the cable modem at any time that Insight, in its sole discretion, determines it is necessary or desirable. Customer assumes all responsibility for any degradation in or problems from the failure to upgrade.

(b) Access to Customer's Premises. Customer authorizes Insight and its employees, agents, contractors, and representatives to enter Customer's Premises in order to install, maintain, inspect, repair and remove the Insight Broadband Internet Service Equipment and the Service, and any additional equipment used in connection with the Service. All such access will occur at a time agreed to with Customer. Customer warrants that Customer is the owner of, or a tenant in, the Premises, and that Customer has the authority to enter into this Agreement. If Customer is not the owner of the Premises, upon request, Customer will supply Insight with the owner's name and address, evidence that Customer is authorized to grant access to the Premises on the owner's behalf and (if requested by Insight) written consent from the owner of the Premises.

(c) Insight Broadband Internet Service Equipment. The Insight Broadband Internet Service Equipment will at all times remain the property of Insight or its designee. Customer acknowledges that the Insight Broadband Internet Service Equipment is merely a means through which the Service is provided by Insight and may be removed or changed by Insight at its discretion as it deems appropriate, including through "downloads" to Customer's computer(s) or otherwise. Customer agrees not to use the Insight Broadband Internet Service Equipment for any purpose other than to use the Service pursuant to this Agreement. Customer shall not sell, transfer, lease, encumber or assign all or any part of the Insight Broadband Internet Service Equipment to any third party. Customer will not relocate the Insight Broadband Internet Service Equipment to a new address without the consent of Insight. Upon receipt of a request by Customer, Insight may, at an additional charge, relocate the Insight Broadband Internet Service Equipment at a time agreed to with Customer. If Customer changes its service address or location, Customer will contact Insight for additional information concerning the possibility, costs and procedures for transferring the Insight Broadband Internet Service Equipment and Service to Customer's new location. Customer shall pay to Insight the full manufacturer's suggested retail price for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Insight Broadband Internet Service Equipment or part thereof, together with any incidental costs incurred by Insight relating to the replacement of the Insight Broadband Internet Service Equipment or part thereof.

(d) Customer Equipment. Customer represents that it owns the Customer Equipment or otherwise has the right to use such equipment in connection with the Service. Insight shall have no obligation to provide, maintain or service the Customer Equipment. The current minimum technical and other requirements for Customer Equipment (including, without limitation, required computer hardware) in connection with the Service are available from Insight. Such minimum requirements may be revised by Insight from time to time, at its sole discretion. If Customer proceeds with the installation of or uses the Service utilizing Customer Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), Customer agrees that (i) Customer will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the cable modem, and (ii) the following limitation of liability shall apply: NEITHER INSIGHT NOR ANY OF ITS AFFILIATES WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE CUSTOMER TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE. CUSTOMER ACKNOWLEDGES THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE OR DATA. NEITHER INSIGHT NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.

5. DISPUTE RESOLUTION

In the event that a legal dispute arises concerning this Agreement, please be aware that these rules apply:

(a) Arbitration for Resolution of Disputes. IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU continue to have CERTAIN RIGHTS TO OBTAIN RELIEF FROM a federal or state REGULATORY agency.

(b) Binding Arbitration. The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. 1-16. The FAA, not state law, shall govern the arbitrability of all disputes between Insight regarding this Agreement and the Service. You have the right to take any dispute that qualifies to small claims court rather than arbitration. However, all other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration, unless provided otherwise in this Agreement. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The provisions of this section shall survive termination, amendment or expiration of this Agreement.

(c) The Arbitrator. A single arbitrator will be selected in accordance with the rules of the American Arbitration Association (the "AAA"). The arbitration will be conducted under the applicable procedures and rules of the AAA that are in effect on the date the arbitration is filed unless this Section is inconsistent with those procedures and rules, in which case, this Section will prevail. These procedures and rules may limit the amount of discovery available to Customer or Insight. The arbitrator will apply applicable statutes of limitation, will honor claims of privilege recognized by law, and will take reasonable steps to protect customer account information and other confidential or proprietary information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by Customer or Insight. The arbitrator will make any award in writing, but need not provide a statement of reasons unless requested by a party. Upon a request by Customer or Insight, the arbitrator will provide a brief statement of the reasons for the award. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties.

(d) Amount of Dispute. The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.

(e) No Class Action or Consolidated Proceedings. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON. All parties to the arbitration must be individually named. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED. Customer understands and acknowledges that by consenting to submit claims to arbitration pursuant to this Agreement, Customer may be forfeiting his or her right to share in any class action awards. This Section will not apply to any individual claims filed by Customer in a lawsuit prior to the effective date of this Agreement, nor to the claims of a class certified prior to the effective date of this Agreement. This Section will apply to all other claims, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the claims are based occurred or existed before the effective date of this Agreement.

(f) Limitation of Available Damages. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND SUPPORTED BY ADMISSIBLE EVIDENCE, AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES, UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND INSIGHT BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT LIMITS THE ARBITRATOR'S AUTHORITY TO AWARD DAMAGES THAT ARE THE DIRECT RESULT OF INSIGHT'S WILLFUL MISCONDUCT. Notwithstanding the limitations set forth in this subsection, should it become necessary to resort to court proceedings to enforce a party's compliance with the dispute resolution and arbitration process set forth herein, and the court directs, orders or otherwise requires compliance herewith, then all of the costs and expenses, including its reasonable attorneys' fees, incurred by the party requesting such enforcement shall be reimbursed by the non-complying party to the requesting party. This Section does not prevent either party from seeking interim injunctive relief from a court in order to preserve the status quo or to protect assets until the arbitration has been commenced and the arbitrator has an opportunity to consider the matter of interim relief.

(g) Arbitration Information and Filing Procedures. Before Customer submits a dispute to arbitration or to small claims court, the Customer must first contact our customer account representatives at the customer service number on your Insight bill for the Insight Broadband High-Speed Broadband Internet Service and give us an opportunity to resolve the dispute. Similarly, before Insight takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or Insight is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 335 Madison Avenue, 10th Floor, New York, NY 10017 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at http://www.adr.org/. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Any arbitration shall remain confidential. Neither you nor Insight may disclose the existence, content or results of any arbitration or award, except as may be required by law, to confirm and enforce an award, or to the party's attorneys and/or accountants.

(h) Fees and Expenses of Arbitration. Customer must pay the applicable AAA filing fee when submitting a written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for a document arbitration will be allocated according to the AAA's Rules. If you elect an arbitration process other than a document (or "desk") arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. The prevailing party may, however, seek to recover the AAA's fees and the expenses of the arbitrator from the other party.

(i) Limitation of Claims. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.

(j) Governing Law. NEW YORK LAW (EXCLUDING ITS CHOICE OF LAW RULES) WILL APPLY TO THE CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.

(k) Authorized Claims. Insight and third parties who contribute to the Insight Broadband High-Speed Broadband Internet Service may bring claims against you for violations of this Agreement.

(l) Controlling Text. The words of this Agreement, not the conduct between us or any trade practice, will control what the Agreement means.

(m) Enforcement of the Agreement. Insight's decision not to enforce a particular provision of this Agreement does not mean that we waive the right to enforce it. We will only waive such a right in writing.

6. TERMINATION OF THE SERVICE

This Agreement will remain in effect until canceled by either party as provided below.

(a) Termination by Customer. Customer may terminate this Agreement for any reason at any time by providing Insight with at least twenty-four hours advance notice. Customer may provide notice by calling or delivering a written termination notice to Insight's Customer Service department during normal operating hours. Disconnect and other termination fees and charges may apply depending on Customer's subscription terms, including subscriptions for fixed time or as part of a promotion or special rate. In the event of such a termination, any applicable fees and charges will accrue through the date of termination. All prepaid monthly service fees for Service not received, as authorized by Section 7 of this Agreement, will be refunded or applied to offset termination fees or charges owed by Customer to Insight.

(b) Termination by Insight. Insight may terminate this Agreement immediately at any time, without prior notice, if (i) Customer or a User fails to fully comply with the terms of this Agreement, its components and our AUP; (ii) Customer or a User fails to fully comply with any terms or conditions applicable to other services the Customer receives from Insight; or (iii) for any other reason (with or without cause). If Insight terminates this Agreement due to a violation of this Agreement or Insight's policies, Customer may be subject to additional fees and charges, including disconnect and termination fees, and we may also exercise other rights and remedies. In the event Insight terminates the Service for any reason other than for a violation of this Agreement or Insight's policies, any fees and charges will accrue through the date of termination and any prepaid monthly service fees for Service not received will be refunded.

If we cancel your Insight Broadband High-Speed Broadband Internet Service account or terminate our Agreement with you for any reason, you agree not to reregister for the Insight Broadband High-Speed Broadband Internet Service without our permission. You agree that your re-registration for the Insight Broadband High-Speed Broadband Internet Service following the suspension or cancellation of your Insight Broadband High-Speed Broadband Internet Service account by Insight without receiving permission from Insight will result in a charge to your Insight Broadband High-Speed Broadband Internet Service account of up to $500 as well as termination of the reregistered Insight Broadband High-Speed Broadband Internet Service account.

(c) Customer Obligations Upon Termination. Customer agrees that upon termination of this Agreement:

(i) Customer immediately will cease use of the Service, the Insight Broadband Internet Service Equipment and Software.

(ii) Customer will pay in full for Customer's use of the Service and the Insight Broadband Internet Service Equipment up to the later of the effective date of termination of this Agreement, the date on which the Service and the Insight Broadband Internet Service Equipment have been disconnected, or the date when the Software has been returned to us or destroyed upon our request. Customer agrees to pay on a pro-rated basis for any use by Customer of the Insight Broadband Internet Service Equipment or Service for a part of a month.

(iii) Customer shall return to Insight the Insight Broadband Internet Service Equipment (including, without limitation, the modem if Customer is leasing a modem from Insight), by any method reasonably requested by Insight, within 10 days after termination of the Agreement. Customer must also return all copies of all Software, or if requested by Insight, destroy all copies and certify to Insight the date of such destruction.

(iv) Upon Insight's request, Customer will permit Insight, its employees, agents, contractors, and/or representatives, to access Customer's premises during regular business hours to remove the Insight Broadband Internet Service Equipment. Such removal will be conducted at an agreed to time; and Customer will ensure the return of all Insight Broadband Internet Service Equipment to Insight. If any Insight Broadband Internet Service Equipment is not returned, is returned damaged or is only partially returned, Customer agrees that Insight may charge Customer the full manufacturer's suggested retail price for a replacement of any such Equipment, including any incidental costs incurred by Insight relating to the Equipment replacement, to Customer's account or Customer's credit or debit card on file with Insight (if applicable).

(d) Retention of Rights. Nothing contained in this Agreement shall be construed to limit Insight's rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, Insight and its suppliers reserve the right to delete all Customers' data, files, electronic messages or other Customer information that is stored on Insight's or its suppliers' servers, networks or systems. In addition, Customer may be required to forfeit his/her account user name and all e-mail, IP and web space addresses. Any incoming e-mail sent to canceled accounts will not be forwarded to another account. Insight shall have no liability whatsoever as the result of the loss of any such information, data, names or addresses.

(e) Survival. All representations, warranties, indemnifications and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and our rights and the rights of others).

7. REPRESENTATIONS AND WARRANTIES REGARDING ELIGIBILITY, PAYMENT AND E-MAIL ID

(a) Eligibility. To become a member of the Service, you have to be at least eighteen years old. You must also register using your own name. Customer further represents and warrants:

(i) Customer Information. The Customer information that Customer has provided and will provide to Insight during the term of this Agreement, including, without limitation, Customer's legal name, address, telephone number(s), the number of computers on which the Service is being accessed and payment data (including, without limitation, credit or debit card numbers and expiration dates) is accurate, complete and current. If Customer uses a credit or debit card for payment, Customer must provide the credit or debit card account number that is issued in the Customer's name and that the Customer is authorized to use. Customer agrees to promptly notify Insight if there is any change in the information that Customer has provided to Insight. Failure to provide and maintain accurate information constitutes a breach of this Agreement.

(ii) Multiple Users. The Service and the Insight Broadband Internet Service Equipment shall be used only by Customer and by Users authorized to use Customer's account. Customer acknowledges that Customer has agreed to the terms of this Agreement on behalf of all persons who use the Insight Broadband Internet Service Equipment and/or Service by means of the Customer Equipment. Customer shall have sole responsibility for ensuring that all such other Users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely 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 Service and/or the Insight Broadband Internet Service Equipment by Customer or by any other User of the Customer Equipment. Customer agrees to indemnify, defend and hold harmless Insight against all claims, costs, damages, expenses and fees (including reasonable attorneys' fees) arising out of the use of the Service and/or the Insight Broadband Internet Service Equipment or the breach of this Agreement by Customer or any other User of the Customer Equipment.

(iii) Residential and Small Business Use. Customer agrees not to use, share or otherwise make available, or allow others to use or share, the Service for operation as an Internet Service Provider, whether or not for compensation or pecuniary gain. Residential Customers understand and agree that the Service is intended and shall only be used for recreational, residential or personal use by the Customer and by authorized Users who are members of the Customer's immediate household. Small Business Customers understand and agree that the Service is intended and shall only be used for business use by the Small Business Customer and authorized Users within the Customer's immediate business premises. Small Business Customers also agree not to offer any Insight Broadband Internet Service feature to others as a service or feature of the Customer's business.

(b) E-mail I.D. During registration for the Service, we will ask you to enter the name or number you want as your e-mail I.D. If the e-mail I.D. you choose is already in use, or if we cannot accept it for any other reason, we will ask you to enter another, change it, or we will provide one to you. Upon completing the registration process for the Insight Broadband High-Speed Broadband Internet Service, you will have confirmed your e-mail I.D., password and any other identification codes. Customers are solely responsible for use of his or her Insight Broadband High-Speed Broadband Internet Service account and for the security of User identification codes and any security lock code that you use to protect access to your data, your files name(s) and files, network and user access, and any other information you disseminate through use of the Insight Broadband High-Speed Broadband Internet Service or through other Internet services. Therefore, Customers should secure Customer Equipment so that only Users can gain access to your Insight Broadband High-Speed Broadband Internet Service account. You may not transfer or permit unauthorized users to use your Insight Broadband High-Speed Broadband Internet Service account. You agree to (a) immediately notify Insight of any unauthorized use of your password or e-mail account or any other breach of security, and (b) ensure that you exit from your e-mail account at the end of each session.

(c) Payment. Customer agrees to pay all charges billed by Insight for the Insight Broadband High-Speed Broadband Internet Service (including all applicable local fees, taxes and all charges associated with this premium service). Insight shall have the right to terminate or suspend Customer's Insight Broadband High-Speed Broadband Internet Service account or the premium service for failure to pay Customer's bill in a timely manner. All payments shall be made pursuant to the terms of the pricing and other information relating to the premium service, which is available during the registration process, or on the Service or Insight Broadband Web Site, and incorporated by reference in this Agreement, including the provisions of the billing option you selected.

Insight Broadband High-Speed Broadband Internet Service is billed a month in advance. This means your first bill, which you will receive at the end of the first month, includes the first month you signed up for the premium service PLUS the next month in advance. After your first bill, each bill will be just for one month. Monthly recurring charges are not prorated. Partial credit is not given to customers who change their price plan to another price plan, disconnect, cancel or are suspended from the premium service during a billing month.

Also note: If we change the pricing for the Service, we will notify you and allow you to stay with your old pricing for at least one more billing cycle.

(i) Payment by Credit or Debit Card. If authorized by Customer, Insight shall charge any amounts payable by Customer to Insight pursuant to this Agreement and in connection the use of the premium Service automatically to the Customer's credit or debit card number provided in the registration process or such credit or debit card number provided thereafter, subject to the terms and conditions of the Combined Bill or the agreement between Customer and the card issuer. It is the Customer's responsibility to inform Insight immediately of any change in credit or debit card information (including, without limitation, a change in expiration date) used to pay for the premium Service. By providing a credit or debit card number to Insight, Customer authorizes Insight to continue charging the credit or debit card for all monthly fees (including without limitation monthly service fees and equipment charges, as well as applicable taxes and fees) payable to Insight, and any other charges incurred by Customer and payable to Insight pursuant to this Agreement, until this Agreement is terminated. Monthly service fees and equipment fees may be charged up to thirty (30) days in advance of the first day of the month for which the charges relate. If Insight does not receive payment from Customer's credit or debit card issuer or its agents, Customer agrees to pay all amounts due upon demand by Insight.

If you bill your premium service use to your credit or debit card, your right to use the premium service is subject to any limits established by your credit card issuer. Insight may also make other billing options available. If Insight makes other billing options available, Customer agrees to abide by terms and conditions applicable to those options.

(ii) Late Payments; Failure to Pay. Customer agrees to pay Insight, as set forth in this Agreement, for any fees or charges due to Insight, including any administrative late fee(s) and related fees, charges and assessments due for late payments or non-payments. If Insight does not receive any required payment from Customer by the date on which the payment is due, Customer may be charged such fees, charges and assessments and the Service may be disconnected. If the Service is disconnected, in addition to the rights and remedies of Insight under this Agreement or otherwise, Customer may be required to pay a reconnect fee in addition to all past due charges before the Service is reconnected. Any such administrative late fee(s) and related fees, charges and assessments due to late payment and nonpayment are not penalties. Rather, they are liquidated damages intended to be a reasonable advance estimate of Insight's costs resulting from late payments or non-payments by Insight's Customers, which costs will not be readily ascertainable, and will be difficult to predict or calculate, at the time that such administrative late fee(s) and related charges are set because it would be difficult to know in advance: (a) whether Customer will pay for the Service on a timely basis, (b) if Customer does pay late, when Customer will actually pay, if ever, and (c) what costs Insight will incur because of Customer's late payment or non-payment. Insight will provide Customer with notice of the amount of these fees and other separate or additional charges. If Customer fails to pay for the Service when due, Customer agrees to voluntarily pay such administrative late fee(s) and related fees, charges and assessments due to late payment and non-payment. If Insight is required to use a collection agency or attorney to collect money owed by Customer or to assert any other right which Insight may have against Customer, Customer agrees to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorneys' fees and arbitration or court costs.

(iii) Additional Charges. The Service will allow Customer to access the Internet, content providers, providers of services, on-line services and other information. Customer acknowledges that Customer may incur charges on account of such access or usage through the Service separate and apart from the amounts charged by Insight. In addition, Customers may incur charges as a result of accessing on-line services or purchasing or subscribing to other offerings via the Internet or otherwise. Customer agrees that all such charges payable to third parties, including all applicable taxes, are the sole responsibility of Customer. In addition, Customer is solely responsible for protecting the security of credit card information provided in connection with such transactions.

(iv) Alternate Billing Arrangements. In certain cases, Insight may agree to provide billing services on behalf of content providers, service providers or other third parties. If such billing services are provided by Insight, Insight shall be acting as the agent of the third party. Any such third party charges shall be payable pursuant to any contract or other arrangement between Customer and the third party. Insight shall not be responsible for any dispute regarding such charges between Customer and any third party for whom Insight bills. Customer must address all such disputes directly with the third party.

(v) Credit Inquiries. Customer authorizes Insight to make inquiries and to receive information about Customer's credit experience from others, enter this information in Customer's file, and disclose such information concerning Customer to appropriate third parties for legitimate business purposes.

(vi) Billing Errors. Subject to applicable law, Customer must notify Insight of any billing errors or other requests for refund within six (6) months of the date on which the error occurred.

(vii) Account Access. In order to protect the privacy of Customer's account information, Insight may require that Customers reveal a security code, designated in accordance with Insight's policies, to confirm Customer's identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service.

(d) Multiple Services. In addition to the Insight Broadband High-Speed Broadband Internet Service, Insight currently delivers or may hereafter deliver one or more other products or services to a Customer. Insight is authorized, to the fullest extent and as permitted by applicable law, to setoff and apply any and all payments (including portions thereof or partial payments) or deposits at any time received by Insight from Customers with respect to the Insight Broadband High-Speed Broadband Internet Service or of such other services against any and all of the obligations of a Customer to Insight irrespective of the type of service. Insight shall have sole discretion in determining the order of priority for the application of such payments among the accounts for such services, subject to applicable law. For purposes of the foregoing, a "Customer" shall be deemed to include all accounts for any such services at a single address. The rights of Insight hereunder are in addition to other rights and remedies that it may have.

8. OUR RIGHTS AND THE RIGHTS OF THIRD PARTIES

Insight Broadband High-Speed Broadband Internet Service enables you to contribute to and gain from a wealth of materials, Content and information - some owned by Insight, others owned by third parties. In order to preserve everyone's rights, you must:

1. print and download material from the Insight Broadband High-Speed Broadband Internet Service for your own, non-commercial purposes only;
2. limit the number of number of copies you make of Insight Broadband High-Speed Broadband Internet Service-related materials;
3. not alter any aspect of the Insight Broadband High-Speed Broadband Internet Service;
4. comply with the terms and conditions of third parties who provide you with materials, including Software; and
5. not deliberately or accidentally export the Software to countries that the U.S. prohibits export to.

Insight is continuously working to improve Service for all of our Users.

Owned by Insight
All aspects of the Insight Broadband High-Speed Broadband Internet Service are copyrighted as a collective work under U.S. copyright laws and are owned by Insight - including Insight trademarks, service marks, logos and any other Insight proprietary rights.

Insight also has a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to use in any way any ideas or materials that Users submit, to Insight or the Insight Broadband High-Speed Broadband Internet Service.

Owned by third parties
Trademarks, service marks, logos and other proprietary rights owned by third parties remain the property of those third parties.

Own Insight gives Users a non-exclusive, non-assignable right and license to use the Insight Broadband High-Speed Broadband Internet Service.

Number of copies
Unless you have the express written consent of the copyright owner, Customers are limited to making one machine-readable back-up copy and one print copy of any Insight -provided materials available from the Insight Broadband High-Speed Broadband Internet Service.

Alter
For example, you may not modify the Software in any way, or change or delete any copyrights, trademarks, service marks and logos on the Insight Broadband High-Speed Broadband Internet Service. In addition, you may not reverse assemble, reverse compile or reverse engineer the Software.

Export the Software
The words "export" and "re-export", mean transferring or releasing the Software to another country or to a national of another country.

You certify that you are a U.S. citizen, U.S. resident alien, or Canadian citizen if you've received or installed:

1. Software that carries a label restricting its export outside the U.S. or Canada; or
2. Software including the Netscape Navigator browser and a message in the Help/About Netscape box stating that the Software supports U.S. security" or
3. Any other Software that contains language in or on the Software restricting its export outside of the U.S. or Canada.

Please note that the Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable and as may hereafter be amended.

9. ABCs OF Insight Broadband ETIQUETTE

To maintain an informative and valuable Service, Insight has established the ABCs of Insight Broadband Etiquette. While it is not our intent to control your online communication or monitor its content, we may edit, disable or remove Content that we become aware of and determine to be harmful, offensive or otherwise in violation of these ABCs or this Agreement. Violation of these ABCs may also result in the termination or suspension of Customer's Insight Broadband High-Speed Broadband Internet Service account. These ABCs apply to all content, material and information provided to or through the Insight Broadband High-Speed Broadband Internet service, including e-mail messages, newsgroup postings, chat, and personal web pages.

Act responsibly
(a) Don't use the Insight Broadband High-Speed Broadband Internet Service to interfere with others' use of the Insight Broadband High-Speed Broadband Internet Service or of the Internet in general, to conduct illegal or abusive activity, or to submit materials that violate the rights of others. Specifically:

• don't send messages, data, images and programs that are libelous, defamatory, obscene, pornographic, threatening, abusive, or hateful;
• don't send materials that contain viruses, worms, or any other destructive elements; and
• don't interfere with or infringe the copyrights, trademarks, logos, service marks, other proprietary rights or confidential information of others.

(b) You may not use or attempt to use the Insight Broadband High-Speed Broadband Internet Service to violate the security of the Service, other Users, or the security of systems accessible through it, the Software or Insight Broadband Internet Service Equipment.

(c) Customers are responsible for the use of the Insight Broadband High-Speed Broadband Internet through the Customer's account, whether such use is by Customer or other Users. Customers should secure Customer Equipment so that only authorized Users can gain access to your Insight Broadband High-Speed Broadband Internet Service account.

Be fair
(a) Customers may register for multiple Insight Broadband High-Speed Broadband Internet Service accounts and e-mail addresses. Only one User may be logged into the Insight Broadband High-Speed Broadband Internet Service for any single log-in I.D. at any time. In the event that more than one user is logged into an Insight Broadband High-Speed Broadband Internet Service single log-in I.D. at any time, Insight may terminate such account immediately and/or charge the Customer the full Standard price applicable to Insight Broadband High-Speed Broadband Internet Service Pricing (without any discount under any Insight Broadband High-Speed Broadband Internet Service offer) for each simultaneous User.

(b) You may not use the Insight Broadband High-Speed Broadband Internet Service to host a dedicated Internet server.

(c) You may not use the Insight Broadband High-Speed Broadband Internet Service to crowd, overwhelm or inundate the Service with Content, transmissions and/or postings.

(d) Violation of these fairness principles may result in the termination or suspension of Customer's account.

Be honest
(a) You may not resell or otherwise redistribute the Insight Broadband High-Speed Broadband Internet Service or profit in any other way by providing access to the Service to others.

(b) Don't allow unauthorized persons to use the Insight Broadband High-Speed Broadband Internet Service.

(c) Unless you are participating in an area of the Insight Broadband High-Speed Broadband Internet Service that requires or encourages anonymity, do not falsify your identity in online communications.

(d) Messages posted to our help newsgroups must contain a valid Insight Broadband High-Speed Broadband Internet Service e-mail Id. Anonymous postings are not allowed.

(e) You must abide by the terms and conditions applicable to your use of specific features of the Insight Broadband High-Speed Broadband Internet Service that may be published on the Service or Insight Broadband Web Site, as well as terms and conditions applicable to other products or services that are available through the Insight Broadband High-Speed Broadband Internet Service.

Communicate, don't inundate
(a) Don't post any single message to more than five online forums, message boards or newsgroups ("Spam Newsgroup Postings"), and please make sure your message doesn't deviate from the topic or violate the rules of those forums or newsgroups.

(b) Don't send: (i) a piece of unsolicited commercial e-mail to any person; or (ii) any other unsolicited e-mail to more than 10 people if such e-mail could reasonably be expected to provoke complaints from its recipients (either shall be "Unsolicited E-Mail"). Don't engage in any of the foregoing activities by using the service of another provider; channeling such activities through an Insight Broadband High-Speed Broadband Internet Service or account, remailer, or otherwise through an Insight service; using an Insight Broadband High-Speed Broadband Internet Service or account as a mail drop for responses, or in any way indicating to recipients that an Insight Broadband High-Speed Broadband Internet Service or account was involved in the transmission of the Unsolicited E-Mail. We reserve the right not to deliver, block, filter or delete any outbound e-mail, postings or transmissions that violate the above guidelines.

Customer agrees that Insight would be irreparably harmed by the use, by Customer, Users or otherwise, of the Insight Broadband High-Speed Broadband Internet Service or facilities in connection with the transmission of Spam Newsgroup Postings or Unsolicited E-Mails in violation of this Agreement, and that Insight shall be entitled to obtain injunctive relief against such transmissions. Such remedy shall not be deemed to be an exclusive remedy, but shall be in addition to all other remedies available at law or in equity.

A note on relay Spam: Sometimes someone who is not a member of the Insight Broadband High-Speed Broadband Internet Service will attempt to relay large numbers of e-mail, in bulk, off of or through one of our servers. We reserve the right to discard that bulk relay e-mail because it is an unauthorized use of our Insight Broadband High-Speed Broadband Internet Service. Any e-mail addressed to you in care of the Insight Broadband High-Speed Broadband Internet Service that is included in this Spam may not be delivered to you.

(c) Submit promotional materials only in areas of the Insight Broadband High-Speed Broadband Internet Service designated for that purpose.

(d) Don't submit charity requests, petitions for signatures, or any chain mail related materials.

(e) Don't engage in any of the foregoing acts prohibited by these ABCs using another service or provider.

10. CONTENT; YOUR CONDUCT AND USE OF THE SERVICE

(a) Customer Responsibility for Content. There is a wide variety and quantity of information available through the Internet using Insight Broadband High-Speed Broadband Internet Service. While we hope you'll take full advantage of the Internet, please note that we don't have control over most of what's accessible through the Insight Broadband High-Speed Broadband Internet Service -- in other words, you're responsible for protecting yourself from harmful or inaccurate information. Therefore, by using the Insight Broadband High-Speed Broadband Internet Service, you understand and agree that all information, data, text, messages, postings, or other materials including links to other sites ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated and/or of the Customer from whose service it originates. This means that you, and not Insight, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Insight Broadband High-Speed Broadband Internet Service. Insight does not control the Content posted via the Insight Broadband High-Speed Broadband Internet Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by using the Insight Broadband High-Speed Broadband Internet Service, you may be exposed to Content that is offensive, indecent, sexually explicit, objectionable, or that may violate federal, state or local laws, rules or regulations or may violate the protected rights of the Customer or others. You also understand that the technical processing and transmission of the Insight Broadband High-Speed Broadband Internet service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and that under no circumstances will Insight be liable in any way for any claims, losses, actions, damages, suits, proceedings, or any damages relating to any Content, including, but not limited to, any errors or omissions in any Content, access to such Content or material by Customer or others, or incurred as a result of the use of any Content posted, or otherwise transmitted via the Insight Broadband High-Speed Broadband Internet Service. Questions or complaints regarding Content or material should be addressed to the Content or material provider. Customer acknowledges that software programs claiming to be capable of restricting access to sexually explicit material on the Internet are commercially available. Insight makes no representation or warranty regarding the effectiveness of such programs.

(b) Monitoring and Removal of Content, Postings and Transmissions. Insight does not pre-screen Content, postings or transmissions; however, Insight and its designees shall have the right (but not the obligation) to monitor any and all traffic routed though the Insight Broadband High-Speed Broadband Internet Service, and in its sole discretion, may refuse, block, move or remove any Content, postings or transmissions that are made available via the Insight Broadband High-Speed Broadband Internet Service. Without limiting the foregoing, Insight shall have the right to remove any Content, posting or transmission that violates this Agreement or is otherwise objectionable. Insight also reserves the right to refuse to upload, post, publish, transmit or store any information or materials, in whole or in part, that, in its sole discretion, is unacceptable, undesirable or in violation of this Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content or materials, including any reliance on the accuracy, completeness, or usefulness of such information. You also acknowledge that you may not rely on any Content created by us or submitted to us.

(c) Investigation of Unlawful Conduct. Insight cooperates fully with federal and state enforcement officials investigating unlawful behavior on the Insight Broadband High-Speed Broadband Internet Service system, and Customers and Users are required to do the same. You acknowledge and agree that Insight may preserve Content and may disclose Content, postings or transmissions in accordance with its Insight Broadband High-Speed Broadband Internet Service Privacy Policy, and as otherwise may be required by (i) applicable law, (ii) government request, (iii) to enforce this Agreement, or (iv) to protect the rights, property or personal safety of Insight, its users and the public.

11. NO WARRANTIES; LIMITATION OF LIABLITY AND INDEMNIFICATION

(a) DISCLAIMER OF WARRANTIES. INSIGHT, ITS AFFILIATES AND THIRD PARTIES WHO CONTRIBUTE TO THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES: (i) OF TITLE OR NONINFRINGEMENT; (ii) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (iii) AS TO LACK OF VIRUSES OR OTHER HARMFUL ELEMENTS; (iv) AS TO ACCURACY, COMPLETENESS OR SECURITY OF DATA, INFORMATION, RESPONSES OR RESULTS; (v) OF ADEQUACY OR SUITABILITY OF THE SERVICE; (vi) OF COMPATIBILITY WITH ANY PARTICULAR OPERATING SYSTEM, PLATFORM, EQUIPMENT OR SOFTWARE; (vii) OF SPEED OR UNCORRUPTED FORMATS; OR (viii) WARRANTIES IMPLIED OR RESULTING FROM COURSE OF DEALINGS OR COURSE OF PERFORMANCE), REPRESENTATIONS, OR ENDORSEMENTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDING THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE, Insight Broadband INTERNET SERVICE EQUIPMENT, THE SOFTWARE, OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE.

FURTHERMORE, THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE, Insight Broadband INTERNET SERVICE EQUIPMENT AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER INSIGHT, ITS AFFILIATES NOR ANY THIRD PARTIES WHO CONTRIBUTE TO THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE WARRANT THAT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OF THE Insight Broadband INTERNET SERVICE EQUIPMENT OR THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR WILL PROVIDE UNINTERRUPTED USE OR WILL OPERATE AS REQUIRED, UNINTERUPTED OR ERROR FREE. CUSTOMER'S SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICE DUE TO A TECHNICAL MALFUNCTION BEYOND THE CONTROL OF INSIGHT FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE. TO QUALIFY FOR SUCH CREDIT, CUSTOMER MUST REQUEST THE CREDIT FROM INSIGHT WITHIN THIRTY (30) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST FUTURE FEES PAYABLE BY CUSTOMER FOR THE SERVICE. NEITHER INSIGHT, ITS AFFILIATES NOR THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.

NO INFORMATION, ORAL OR WRITTEN STATEMENTS, SERVICE DESCRIPTIONS OR ADVICE GIVEN OUTSIDE OF THIS AGREEMENT BY INSIGHT, ITS AFFILATES, EMPLOYEES, AGENTS OR SUPPLIERS SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY.

INSIGHT ALSO DOES NOT ENDORSE OR ACCEPT RESPONSIBILITY FOR THE CONTENT OR USE OF THIRD PARTY WEB SITES, PRODUCTS OR SERVICES ALTHOUGH WE MAY PROVIDE A LINK OR ACCESS TO SUCH THIRD PARTY INFORMATION.

(b) YOUR RESPONSIBILITY AND LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE AND OF YOUR Insight Broadband SERVICE ACCOUNT. INSIGHT, ITS AFFILIATES AND THIRD PARTIES WHO CONTRIBUTE TO THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, SUCH AS, BUT NOT LIMITED TO LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, PERSONALLY INJURY (INCLUDING DEATH), LEGAL FEES AND EXPENSES, INCLUDING INVESTIGATION FEES) TO YOU OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE, Insight Broadband INTERNET SERVICE EQUIPMENT, THE SOFTWARE; OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE SERVICE OR THE Insight Broadband INTERNET SERVICE EQUIPMENT OR USER'S RELIANCE ON THE Insight Broadband INTERNET SERVICE EQUIPMENT OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE Insight Broadband INTERNET SERVICE EQUIPMENT OR THE SERVICE; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO THE Insight Broadband INTERNET SERVICE EQUIPMENT, SERVICE OR SOFTWARE, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.

IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL INSIGHT'S LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE EXCEED (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR WILLFUL OR GROSS NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, OUR Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE CHARGES DURING THE AFFECTED PERIOD.

(c) YOUR AGREEMENT TO INDEMNIFICATION. MISUSE OR CERTAIN USE OF THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE MAY RESULT IN CLAIMS BY THIRD PARTIES AGAINST INSIGHT. AS A PRACTICAL MATTER, WE CANNOT MONITOR OR CONTROL THE ACTIVITIES OF CUSTOMERS OR USERS TO PREVENT THESE CLAIMS. CUSTOMER AND EACH USER, JOINTLY AND SEVERALLY, AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS INSIGHT, ITS AFFILIATES AND THIRD PARTIES WHO CONTRIBUTE TO THE Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE FROM ANY AND ALL CLAIMS, SUITS, PROCEEDINGS, INVESTIGATIONS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES, EXPENSES OR COST (INCLUDING ATTORNEYS' FEES AND INVESTIGATION EXPENSES) THAT DIRECTLY OR INDIRECTLY RESULT FROM, ARISE OUT OF OR RELATE TO: (i) ANY VIOLATION OF THIS AGREEMENT BY THE CUSTOMER OR USER; (ii) THE USE OF THE SERVICE, INTERNET OR THE POSTING, PLACEMENT OR TRANSMISSION OF ANY CONTENT, SOFTWARE OR OTHER MATERIALS BY THE CUSTOMER OR USER; (iii) INFRINGEMENT OR VIOLATION OF ANY PERSON'S PROPERTY, CONTRACTUAL OR OTHER PROPRIETARY RIGHTS, INCLUDING COPYRIGHT, PATENT TRADE SECRET AND TRADEMARK RIGHTS; OR (iv) ANY ACTIVITY, OMISSION OR USE RELATED TO CUSTOMER'S Insight Broadband HIGH-SPEED BROADBAND INTERNET SERVICE ACCOUNT.

(d) NO LIABILITY FOR VIRUSES. Insight makes no representation or warranty that any software or content installed on Customer's computer(s) or downloaded from Insight Broadband High-Speed Broadband Internet Service does not contain a virus or other harmful feature. It is Customer's sole responsibility to take appropriate precautions to protect any computer or other hardware of Customer from damage to its software, files or data as a result of any such virus or other harmful feature. Insight may, but is not required to, terminate all or any portion of the installation or operation of the Service if a virus is found to be present on Customer's system. Insight is not required to provide Customer with any assistance in removal of the virus. If Insight decides, in its sole discretion, to install or run virus check software on Customer's computer(s), Insight makes no representation or warranty that such virus check software will detect or correct any or all viruses. Customer acknowledges that Customer may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on Customer's system. NEITHER INSIGHT NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

(e) NO LIABILITY FOR CUSTOMER'S HARDWARE AND SOFTWARE. The installation, use, inspection, maintenance, repair and removal of the Insight Broadband Internet Service Equipment and certain Customer Equipment used in connection with the Service may result in service outage or potential damage to Customer's computer(s) and other Customer Equipment. Except for gross negligence or willful misconduct by Insight, neither Insight nor any of its affiliates shall have any liability whatsoever for any damage, loss or destruction to the Customer Equipment (including without limitation Customer's computer(s) and peripherals). In the event of such gross negligence or willful misconduct by Insight, Insight shall pay for the repair or replacement of the damaged parts up to a maximum of $1,000 and such shall be Customer's sole remedy relating to such activity. In addition, as part of the installation process for the Software and other components of the Service, system files on Customer's computer may be modified. Insight does not represent, warrant or covenant that such modifications will not disrupt the normal operations of any Customer Equipment including without limitation Customer's computer(s), or cause the loss of files. FOR THESE AND OTHER REASONS, IT IS RECOMMENTDED THAT CUSTOMER BACK-UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. CUSTOMER UNDERSTANDS AND ACCEPTS THE ASSOCIATED RISKS OF ANY DECISION BY CUSTOMER NOT TO DO SO. NEITHER INSIGHT NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA. In addition, the opening of Customer's computer may void warranties provided by the computer manufacturer or other parties relating to the computer's hardware or software. Customer understands that his or her computer may need to be opened, either by Customer or by Insight or its agents, in connection with the installation or repair of the Service. NEITHER INSIGHT NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.

(f) NOT LIABLE FOR THIRD PARTIES. There is a wide variety and quantity of information available via the Internet using Insight Broadband High-Speed Broadband Internet Service. While we hope you will take full advantage of the Internet, please note that we do not have control over most of what's accessible through the Insight Broadband High-Speed Broadband Internet Service -- in other words, Customer is responsible for protecting him or herself and any Users from harmful or inaccurate information obtained from third parties over the Internet.

Customer also acknowledges that Insight may use the services, equipment, infrastructure and Content of others in providing the Insight Broadband High-Speed Broadband Internet Service, and that third parties may provide components of the Service. Insight is not responsible for the performance (or non-performance) of such services, equipment, infrastructure or Content of others whether or not they constitute components of the Service. In addition, Customer understands that it will have access to the services and Content of third parties through the Service, including without limitation that provided by content providers (whether or not accessible directly from the Service). Services, equipment, infrastructure and content that are not provided by Insight (even if they are components of the Service) are not the responsibility of Insight, and Insight shall have no liability with respect to such services, equipment, infrastructure and Content. Customer should address questions or concerns relating to such services, equipment, infrastructure and Content to the creators of such services, equipment, infrastructure and Content. Insight does not endorse or warranty any third-party products, services or Content that are distributed or advertised over the Service.

(g) EAVESDROPPING. Insight's facilities are used by numerous persons or entities including, without limitation, other subscribers to the Service. As a result, there is a risk that Users could be subject to "eavesdropping." This means that other persons or entities may be able to access and/or monitor a User's use of the Insight Broadband High-Speed Broadband Internet Service. This risk of eavesdropping exists not only with Insight's facilities, but also o