Roku Terms of Service
1. Agreement: This is an agreement between MOIPTV and the Customer (the "Agreement"), to provide access to MOIPTV broadcasts, Video on Demand and video related services (the "Services"). By (i) the Customer's submission of an online order; (ii) Customer's acceptance of the Terms of Service electronically during registration; or (iii) Customer's use of Services, you agree to be bound by this Agreement, including future revisions and to use the Services in compliance with the then current MOIPTV Authorized Use Policy.
2. Authorized User, Use, and Responsibility: Customer acknowledges that he or she is 18 years of age or older, and has the legal authority to enter into this Agreement and affirms that the information Customer supplied is correct and complete. Customer understands that MOIPTV relies on the information Customer supplies and that providing false or incorrect information may result in provisioning or delivery delays or the suspension or termination of Customer's Services. Customer agrees to promptly notify MOIPTV whenever Customer's personal or billing information changes (including for example, Customer name, address, telephone number, and credit card number and expiration date).
3. Term: This Agreement goes into effect upon Customer's acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement. This is a 1 month service agreement from the start billing date of this agreement and will automatically be renewed on the anniversary of this agreement unless canceled by MOIPTV or the Customer through proper notification. New customers will have a 30 day trial period (from time of sign-up) to cancel service before being billed. Customer is not eligible for a refund, in whole or in part, when a subscription is canceled. The subscription will remain active for the remainder of the service period and will not renew on the anniversary of this agreement.
4. Payment of Charges:
A. Customer will provide MOIPTV with a valid major credit card or bank account as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information or bank account while Customer's membership is active. MOIPTV will automatically charge Customer's designated credit card or bank account for subscription fees as may occur during the course of Customer's membership and any additional charges related to their MOIPTV service. Types of fees for which credit card or bank account payment will be utilized include:
i. For Monthly Subscriptions, MOIPTV will automatically charge the Customer's designated credit card or bank account each month for the balance of that month's fees. If Customer is a new, first-time subscriber, Customer will receive one free 30 day trial period of service and be billed monthly thereafter beginning 30 days from the date this agreement became effective. If Customer is a returning customer, billing will begin on the day of sign-up and Customer will be billed monthly on the same date. Customer agrees to pay the monthly balance for Services provided. Customer must pay all undisputed monthly charges as itemized on the MOIPTV monthly statement and/or notify MOIPTV of disputed items within thirty (30) days of receipt. Customer authorizes MOIPTV to automatically debit the Customer's credit card or bank account on record each month for the balance of that month's subscription fee.
B. MOIPTV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by MOIPTV. If the charge transaction against the credit card or bank account is refused by the merchant account for any reason (card expired, insufficient credit limit, insufficient funds, etc.), MOIPTV will disable access and Customer agrees to pay all amounts due upon demand by MOIPTV. Every time Customer uses a MOIPTV Service, Customer reaffirms that (i) MOIPTV is authorized to charge Customer's designated credit card or bank account; (ii) MOIPTV may submit charges incurred under Customer's account for payment; and (iii) Customer will be responsible for such charges, even if Customer's membership is canceled or terminated.
5. Renewal Unless Cancelled in Accordance with Section 17 of this Agreement: Monthly Subscriptions will automatically renew on the anniversary of this agreement's billing start date at the then prevailing subscription fee for the same package.
6. Communication Charges: Customer is responsible for obtaining and maintaining at Customer's expense all equipment and services needed to access MOIPTV Services. Customer is also responsible for any communication charges incurred by accessing MOIPTV Services through a third-party network, such as a cable or wireless carrier.
7. Disruption of Service: In no event shall MOIPTV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond MOIPTV's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), MOIPTV, upon prompt notification of such failure or interruption from Customer, will either provide Customer with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. MOIPTV shall not be liable for any incidental or consequential damages.
8. Customer Property: MOIPTV assumes no responsibility for the condition or repair of any Customer-provided equipment. Customer is responsible for the repair and maintenance of any Customer-provided equipment.
9. Customer Information: MOIPTV maintains Customer-supplied personal identification information for the purpose of account management, billing and collections, and customer support and service management. MOIPTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of MOIPTV Services.
10. Reproduction of Programs: Customer agrees that the programs provided by MOIPTV will be utilized solely for Customer's personal, non-commercial use and will not be duplicated except in compliance with applicable law.
11. MOIPTV's Rights:
A. MOIPTV has no obligation to monitor content or Services accessible by means of the MOIPTV STB or wireless card. However, Customer acknowledges and agrees that MOIPTV has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
B. MOIPTV shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of MOIPTV's Equipment and Services.
12. Care of MOIPTV Property: Customer agrees that neither Customer nor any other person (except MOIPTV's authorized personnel) will open, tamper with, service, make any alterations to, or remove any Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of Services and is prohibited.
13. Breach of Agreement: If Customer breaches this Agreement or fails to abide by MOIPTV's rates, rules and regulations, MOIPTV, at its option, may terminate the Services. Customer shall pay reasonable collection and/or attorney's fees to MOIPTV in the event that MOIPTV shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
14. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of MOIPTV and are subject to change at any time in accordance with applicable law.
15. Disclaimer: MOIPTV assumes no liability for any program or information distributed over the system unless locally produced by MOIPTV. MOIPTV shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by MOIPTV.
16. Limitation of Liability: MOIPTV does not warrant that the Services or Equipment provided by MOIPTV will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, internet traffic, and other factors beyond the control of MOIPTV. In no event shall MOIPTV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if MOIPTV has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
17. Choice of Law: Customer and MOIPTV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and MOIPTV, shall be construed by and covered under and in accordance with the laws of the State of Illinois without reference to its principles of conflicts of laws.
18. Assignment or Transfer: This Agreement is not assignable or otherwise transferable by Customer.