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 year 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. Customer will have a 30 day period (from time of purchase) to cancel service and return the equipment in working order to receive a reimbursement for the purchase price of the STB and any monthly or annual subscription fees paid during the term. Customer will not be reimbursed for the activation fee and shipping and handling fees.
4. Payment of Charges:
A. Customer will provide MOIPTV with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while Customer's membership is active. MOIPTV will automatically charge Customer's designated credit card for subscription fees, one-time equipment fees and deposits, applicable service fees, shipping and handling 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 payment will be utilized include:
i. For Monthly Subscriptions, MOIPTV will automatically charge the Customer's designated credit card a one time fee at the time of purchase for the STB and a one time fee to activate the service plus a charge each month for the balance of that month's fees. Customer will be billed monthly at the beginning of each calendar month for the Monthly Subscription Fee. In addition, Customer will be billed monthly for Video on Demand (VOD) based on actual usage or orders placed during the previous month if applicable, however, each title will be charged only once during the same calendar month. Billing for new Monthly Subscriptions will begin on the earlier of (i) seven (7) days after the date MOIPTV receives and processes the new order or (ii) the date Customer starts using the Services. If the billing start date falls in the middle of the month, Customer will be charged the full monthly fee at the beginning of the next month and a pro-rated fee for the partial month subscription. Applicable sales, usage, and other taxes may apply to these transactions and will be charged in accordance with applicable state and local law. Customer agrees to pay any such taxes, in addition to the monthly balance for Services and Equipment 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 on record each month for the balance of that month's subscription fee, any additional VOD usage fees, taxes and any other fees.
ii. For Annual Subscriptions, MOIPTV will automatically charge the Customer's designated credit card the one time fee to purchase the STB and the one time activation fee plus the Annual Subscription Fee at the time the order is received, however, the billing start date will begin on the earlier of (i) seven (7) days after the date MOIPTV receives and processes the new order or (ii) the date Customer starts using the Services. MOIPTV will provide Customer access to the Services for the 12 consecutive month period beginning from the billing start date. At the end of the Annual Subscription period, Customer has the option to: (a) prepay for another Annual Subscription; (b) change to a Monthly Subscription; or (c) cancel. If Customer does not specifically elect one of the aforementioned options at least thirty (30) days before the expiration of the Annual Subscription period, Customer's subscription will automatically renew for another Annual Subscription of the same package and Customer authorizes MOIPTV to automatically debit Customer's credit card for all fees under the Annual Subscription for that package. MOIPTV Customers under Annual Subscription will be billed monthly for any applicable VOD fees for VOD orders placed during the previous month in addition to the initial Annual Subscription Fee.
iii. Shipping and Handling, and Applicable Service Fees, MOIPTV will automatically charge the Customer's designated credit card for shipping and handling fees, as well as applicable service fees that Customer has pre- approved either during Customer's initial subscription order or during the course of Customer's usage of MOIPTV. Customer acknowledges and agrees that ALL shipping and handling, and applicable service fees are non-refundable.
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 is refused by the merchant account for any reason (card expired, insufficient credit limit, 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; (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 19 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 and Annual Subscriptions will automatically renew at the completion of the pre-paid Annual Subscription period as calculated from that period'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. Repair of MOIPTV Equipment: For one year from the start billing date of this agreement, MOIPTV will repair and/or replace defective Equipment as long as such damage was not caused by misuse or other improper operations or handling by Customer. MOIPTV is not responsible for the maintenance or repair of Customer-provided equipment, including by not limited to television sets, VCRs or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. A service charge may be imposed if damage to MOIPTV Equipment is due to negligent use or abuse or if no fault is discovered in MOIPTV's system or Equipment. MOIPTV makes no warranties, with respect to Equipment or Services provided by MOIPTV or with respect to the Equipment's compatibility with any Customer-owned equipment.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Cancellation: Cancellation of Customer's Monthly Subscription following the 30 day trial period and prior to the completion of the 1 year service agreement will be subject to a cancellation fee equal to one month. This amount will be charged to the customer's credit card upon cancellation of service. Customer can cancel this service at the end of the 1 year service agreement without penalty.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. Assignment or Transfer: This Agreement and the Equipment are not assignable or otherwise transferable by Customer.