1,NCC VideoTerms of Use,Effective November 1, 2019,Welcome to NCC Video! Please note that the terms and conditions contained herein (the “Terms of Use”) include embedded ,hyperlinks that may only be accessed through our websites.
These Terms of Use set forth the terms and conditions pursuant to ,which NCC will agree to provide or otherwise make NCC Video(“NCC Video”) available to you.
Your access and use of NCC Video,is conditioned on your acceptance of these Terms of Use and are effective until we change or replace them.
,NCCis referred to in these Terms of NCC Videoas “we,” “us,” and “our.” You and other users of NCC Videoare collectively referred ,to in these ,Terms of Use as “you,” “your,” and “Customers.” Both you and NCC also may be referred to individually as a “Party” or collectively ,as “the Parties.” NCC Videomay beaccessed and used only by those Customers authorized by NCC to receive NCC Videoafter ,signing up for such services (each, an “Authorized Customer”).
,Section 1: Acceptance of Terms of Use ,1.Acceptance.
NCC Videois not intended to be used by children without involvement and approval of a parent or other legal ,guardian.
If you are under the age of 18, then you are not permitted to sign up for NCC Videoservice or provide your ,personal information to us.
These Terms of Use govern your use of NCC Videoand your relationship with us.
By accessing, ,downloading, or using NCC Video(e.g., if you download any of our Apps onto any device), you confirm that you have read ,and agreed to these Terms of Use.
If you do not agree to these Terms of Use, then do not access or use NCC Video.
If ,you are an existing user and do not wish to accept any revised Terms of Use, then you must immediately stop using NCC ,Video(including, for clarity, permanently removing all Apps from your devices).
,2.Incorporation of NCC’sVideo Terms of Servicefound at https://nccray.com/residential/video-television/and NCC’s,Acceptable Use and Privacy Policy found at https://nccray.com/wp-content/uploads/2018/10/Internet-Agreement_AUP.pdf,(“NCC AUPP”) are hereby incorporated by reference.
If there are any conflicting provisions between these Terms of Service,and orthe NCC AUPP, these Terms of Use will control.
,3.Changes to these Terms of Use.
These Terms of Use are effective until we change them.
You acknowledge and agree that ,we may change all or any portion of these Terms of Use at any time and from time to time, in our sole and absolute ,discretion, by publishing a revised version of these Terms of Use at: www.metronetinc.com.
Any revised version of these ,Terms of Use will be effective immediately upon publication on the website.
Your continued use of NCC Videois be deemed ,to be your agreement to the changed terms.
,4.Certain Restrictions on Use.
Private and Personal Use Only.
Programming provided through NCC Videois the copyrighted ,material of the third party that supplies it, isprotected by copyright and other applicable laws and may not be reproduced, ,published, rebroadcast, rewritten or ,redistributed without the written permission of the third party that supplied it (except as permitted by the “fair use” or other ,applicable provisions of the U.S.
copyright laws) or by NCC’sagreements with such third parties.
NCC Video, including all ,content viewed through NCC Video, are solely for private, personal, non-commercial use, not for use in the operation of a ,business or service bureau, and not for any other public viewing, for profit or for the benefit or any person or entity other ,than the Authorized Customer.
and your limited rights to use NCC Videoare subject to your understanding of, agreement ,to, and compliance with these Terms of Use in their entirety.
,Section 2: OUR SERVICES ,1.NCC Video.
By subscribing to NCC Video, you receive access to and use of: (i) certain software, technology and other ,intellectual property rights (including all functionality and data contained therein)owned or operated by us (regardless ,whether available for download directly or indirectly from NCC).
(ii) websites owned, operated or otherwise controlled by, ,or on behalf of, us.
(iii) the content accessible by you (e.g., any and all transaction and subscription video, audio, data, ,interactive, programming, advertising and other content).
and (iv) any and all other products and/or services accessed, ,provided, used or otherwise made available to you, including to enhance past or then-current NCC Video.
,2.Internet Connection.
In order to access and use NCC Video, you must have a NCC broadband internet connection (“Internet ,Connectivity”).
It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use NCC ,Video.
NCC is not responsible for the amount of data consumed by you in connection with your use of NCC Video.
The ,time it takes to access and use NCC Video(e.g., watching a movie or TV show) will vary based on a number of factors, ,including your location, the quality of your internet connection, the available bandwidth at the time of your request, the ,format of NCC Videoyou are attempting to access, the device(s) you use to access NCC Videoand other factors outside ,of our control.
NCC makes no representations or warranties about the speed or quality of your watching experience on any ,device, and reserves the right change NCC Video(e.g., the format) based on the specifications of your Internet Connectivity ,(e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition ,2,(“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve ,your experience).
We suggest that you ensure that your Internet Connectivity, Permitted Device(s) (as defined below) and ,configuration are compatible with NCC Videoand the format thereof.,3.Devices.
Not all devices are compatible, or permissible, for use with NCC Video.
For a current list of devices permitted for ,use with NCC Video(“Permitted Devices”), please review the devices listed at: https://nccray.com/residential/video-,television/.Permitted Devices are manufactured and sold by entities other than NCC, and you will need to obtain such ,.
,Permitted Device from a third-party provider of such device at your sole cost and expense.
In addition, NCC Video, or ,portions of the functionality thereof, may be “blacked-out” or unavailable on certain Permitted Device(s).
By accessing or ,using NCC Video, you agree to look solely to the third party that manufactured and/or sold you the device forany issues ,related to such device, the operating system thereon and/or its or their compatibility with NCC Video.
NCC TAKES NO ,RESPONSIBILITY WHATSOEVER FOR AND NCC DOES NOT WARRANT THE PERFORMANCE OF ANY DEVICE OR ,GUARANTEE THAT SUCH DEVICE (OR THE APPLICABLE OPERATING SYSTEM OR VERSION) WILL BE (OR ,REMAIN) COMPATIBLE WITH ANY OF OUR SERVICES.
,4.NCC VideoChanges.
Packaging of NCC Video.
In addition to, and without limiting any other provisions in these Terms of ,Use, NCC may, permanently or temporarily, add, delete, rearrange, alter, interrupt, change, and/or eliminate: (i) any and ,all prices, fees and/or charges.
(ii) packages, programming, programming suppliers, services offered by suppliers.
(iii) ,availability of the Network DVR (described in Section 3.6.
below) with respect to any particular programming and/or ,programming suppliers, (iv) software, applications, features and/or functionalities and technical and/or functional ,requirements, (v) Permitted Devices, (iv) compatible operating systems, (iiv) and/or minimum Internet Connectivity required ,to use NCC Video, from time to time and at any time.
In the event that we add, alter and/or change any prices, fees and/or ,charges, then you agree to pay such added, altered, and/or changed prices, fees and/or charges.
In the event that we add, ,delete, rearrange, alter, change and/or eliminate any packages, availability of the Network DVR with respect to any ,particular programming and/or programming suppliers, software, applications, features and/or functionalities, then you ,acknowledge and agree that (a) we have no obligation to replace or supplement such packages, availability of the Network ,DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or ,functionalities, and (b) you are not entitled to any credits, refunds, price reductions or any other form of compensation ,because of any such addition, deletion, rearrangement, alteration, change and/or elimination.
You further acknowledge and ,agree that such additions, deletions, rearrangements, alterations, changes and/or eliminations are not a discretionary act ,by us if they are due, in whole or in part, to the termination, suspension or expiration of our legal right to provide such ,packages, availability of the Network DVR with respect to any particular programming and/or programming suppliers, ,software, applications, features and/or functionalities.
,5.Programming Content and Restrictions.
Portions of NCC Videomay be “blacked out” in your viewing area (e.g., local ,broadcast channels, sporting events and/or other content for which you do not have the rights to access).
if you circumvent ,or attempt to circumvent any of these “blackouts,” then you may be subject to termination of your NCC Videoservice and ,to legal action brought by us or third parties.
Portions of NCC Videomay have additional restrictions and your access to ,NCC Videowill be subject to those restrictions (e.g., you must be at least 18 years of age, or the applicable age of majority ,where you live, in order to access certain adult-oriented programming).
,6.Network DVR.
If you subscribe to NCC Video’s Network DVR functionality, you may save programming on the Network ,DVR for later viewing.
The number of programming hours that can be saved will depend on the level of Network DVR ,service you purchase.
,7.Compliance with Law.
You agree to use NCC Video, including all features and functionalities associated therewith, in ,accordance with all applicable laws (e.g., public performance limitations or other restrictions on any use of NCC Videoor ,contents therein).
You agree not to archive, download (other than through caching necessary for personal use), reproduce, ,distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or otherwise use or gain ,access to all or any portion of NCC Video, except as explicitly authorized in these Terms of Use, without express written ,permission from NCC.
You also agree not to: circumvent, remove, alter, deactivate, degrade, thwart or otherwise interfere ,with NCC Video.
use any robot, spider, scraper or other automated means to access NCC Video.
decompile, reverse ,engineer or disassemble NCC Video(e.g., software or other products).
insert any code or product, or otherwise manipulate ,or interfere with NCC Video(e.g., running NCC Videoon a device not permitted for use by us).
or, use any data mining, ,data gathering, or extraction method.
In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any ,material designed to interrupt, interfere with, destroy, or limit the functionality of NCC Video, or other software, hardware, ,or telecommunications equipment associated with NCC Video(e.g., any software viruses or any other computer code, files, ,or programs).
In the event that we learn that you are using any NCC Videoin a manner that constitutes infringement of ,third-party intellectual property rights, including rights granted by U.S.
copyright law, your NCC Videoservice will be ,terminated.
,Section 3: ACCESS TO SERVICES ,1.Login Credentials.
You are responsible for any and all actions, omissions, or other activities related to your Login ,Credentials, including any Authorized Customers you permit to be use those credentials.
Please be aware that to maintain ,exclusive control and ensure compliance with these Terms of Use, you may not reveal or share your Login Credentials ,with anyone.
In addition, if you would like to ensure that others cannot access your Account by contacting Customer ,3,Service (as defined in Section 5.1 below) and potentially altering your control, then you should take the necessary ,precautions not to reveal any personal or sensitive information used to identify yourself in connection with a lost password ,or user name (e.g., billing information, government issued IDs, or secret question answers).
If you believe that your ,Account has been accessed by anyone other than you or any Authorized Customers you have permitted there under, or ,otherwise without permission or in any unauthorized manner, then you must contactus immediately at 877-407-3224.
You ,are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your ,Account (e.g., current billing information for NCC Video(as defined below)).
YOU UNDERSTAND THAT BYSHARING ,ACCESS TO OUR SERVICES OR YOUR LOGIN CREDENTIALS, OR BY OTHERWISE ALLOWING OTHERS TO ,ACCESS YOUR ACCOUNT, ,YOU AGREE TO BE RESPONSIBLE FOR ASSURING THAT ANY AND ALL SUCH USERS COMPLY WITH THESE ,TERMS OF USE AND THAT YOU OR THE NAMED PERSON ON THEAPPLICABLE ACCOUNT SHALL BE ,RESPONSIBLE FOR ANY AND ALL ACTIONS, OMISSIONS ,AND/OR OTHER USE ASSOCIATED WITH SUCH ACCOUNT.
PLEASE BE AWARE THAT IF YOU SHARE OR ,OTHERWISE MAKE YOUR ACCOUNT AVAILABLE TO ANY THIRD PARTY (E.G., FORGETTING TO LOG OUT OF ,YOUR ACCOUNT ON A SHARED OR PUBLIC DEVICE), ,THEN SUCH THIRD PARTY(IES) MAY BE ABLE TO ACCESS ANY AND ALL INFORMATION CONTAINED IN YOUR ,ACCOUNT (E.G., CERTAIN PERSONAL INFORMATION, BILLING INFORMATION, SETTINGS, VIDEO RENTAL AND ,VIEWING HISTORY AND OTHER RELATEDVIEWING PREFERENCES (IF ANY) ASSOCIATED WITH YOUR ,ACCOUNT).
,2.Account Access.
Cookies.
In order to provide you with ease of access to your Account and to help administer NCC Video, ,NCC or its third party vendors may use technology that enables us to recognize you as an Authorized Customer and to ,provide you with direct access to your account without requiring you to retype any Login Credentials every time that you ,access, use, or otherwise revisit NCC Video, including via any Permitted Devices.
,3.Suspension of NCC VideoServices.
In order to protect NCC and its affiliates, media providers, device providers, business ,partners, or other service providers or licensors (collectively, “Contributors”), we reserve the right, and may, from time to,time and at any time, without providing notice to you, place on hold (or otherwise suspend) your NCC Videoservices in ,connection with any activity that we believe to be fraudulent, illegal, in violation of these Terms of Use, or otherwise ,suspicious.
We may, but are not required to, evaluate or elect to provide credits, refunds, price adjustments or other ,discounts, compensation or recompense, from time to time and at any time, in our sole and absolute discretion.
,Section 4: BILLING ,1.Billing in Accordance with NCC’sResidential Terms.
You will be billed in accordance with the provisions of NCC’s,Residential Terms, incorporated by reference in Section 1.2 above.
,2.No Returns, Credits or Refunds.
YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE.
WE ,ARE NOT OBLIGATED, AND ,YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ,ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIALLY USED OR UNUSED SERVICE ,(E.G., TRANSACTIONAL SERVICES NOT ,DOWNLOADED OR FULLY VIEWED).
Because charges are prepaid each billing period, following your cancellation of any ,of your NCC Videoservice, you will continue to have access to NCC Videothrough the end of your then-current billing ,period.
Notwithstanding the forgoing, although not required or obligated, we reserve the right to evaluate or elect to provide ,credits, refunds, price adjustments or other discount, compensation or recompense, from time to time, and at any time, in ,our sole and absolute discretion.
provided that any such elections to offer any such credits, refund, price adjustment or ,other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the ,future for similar or unrelated instances, nor does it create any obligation whatsoever for us to offer such benefit to you or ,any other user in connection with any past, present, or future request under any circumstance whatsoever.
,3.Restarting Your NCC VideoService.
If you do not make timely payment for your NCC Videoservice, we may disconnect, ,suspend, limit, or terminate your access to NCC Video, and in such event, we will be immediately and forever wholly relieved ,from any and all of our duties and obligations to you under these Terms of Use.
If your Account is disconnected for non-,payment, or for any other reason whatsoever, then NCC may require that you pay, and you agree to pay, any amount due ,(regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the ,date of such disconnection), plus a restoration fee, before we reconnect your access to NCC Video.
We are not obligated ,to reconnect your access to NCC Video.
If your NCC Videoservice is disconnected for non-payment, or for any other ,reason whatsoever, then you may no longer be eligible, even if you pay to restart your NCC Videoservice, to receive any ,remaining credits or promotional pricing that you would have been eligible to receive had your NCC Videoservice not been ,disconnected, suspended, limited, or terminated.
Unless required by applicable law, deposits will not be held segregated ,from other funds and will not earn or accrue interest ,Section 5: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS ,4,1.Customer Support Service.
NCC may elect to provide Account support services or other assistance in connection with your ,Account (“Customer Service(s)”).
The levels, methods, and availability of our Customer Service offered is determined by ,us, in our sole and absolute discretion.
we have no obligation to provide any Customer Service whatsoever in connection ,with NCC Video.
If we make available or otherwise provide Customer Service, then such Customer Service is considered ,part of NCC Videofor purposes of these Terms of Use, including any and all restrictions, disclaimers, and limitations herein.
,2.Communications.
By signing up for NCC Video, you hereby consent to receive electronic communications from us and ,other Contributors related to such account and NCC Video.
These communications may involve sending emails to the email ,address you provided during registration, or delivering electronic communications via your Account, and will include notices ,about your Account (e.g., payment authorizations, password or payment method changes, confirmation e-mails, notices, ,and other similar or transactional information related to such account).
these communications are part of NCC Videoand ,your relationship with us.
You agree that any notice, agreements, disclosures, or other communications that we send to ,you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications ,be in writing and through an appropriate method).
You also consent to receiving other electronic communications from us, ,suchas newsletters about new NCC Videofeatures and content, special offers, promotional announcements, and customer ,surveys.
If you no longer want to receive certain non-transactional communications via email, please contact Customer ,Service at 701-568-3331,click on the “Unsubscribe” link contained in any email, or on any other link that indicates that you ,would like to be removed from future, similar non-transactional communications.
,Section 6: INTELLECTUAL PROPERTY ,1.NCC Property.
NCC Video, including any and all content made available in connection with your access and use of NCC ,Video, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws.
,2.Reporting Claims.
If you have a reasonable belief that your or any other’s protected works have been reproduced or ,distributed in a way that constitutes copyright infringement, or are otherwise aware of any content available in connection ,with NCC Videothat may be infringing, violating, or otherwise misappropriating the your rights or such other party’s rights, ,then please notify us immediately in writing at ncc@nccray.com.
,Section 7: DISCLAIMER OF WARRANTIES ,YOU EXPRESSLY UNDERSTAND AND AGREE THAT: ,1.CERTAIN OF OUR SERVICES MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, ,FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (E.G., USAGE ,OF DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY.
,2.WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR ,SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE.
,WE ARE NOT OBLIGATED, AND YOU ARE ,NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY ,OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE ,REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OF SERVICES AND/OR POTION OF ,SERVICES AS A RESULT OF ANY CHANGE.
,3.ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT DOWNLOADED, STREAMED OR OTHERWISE ,OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
YOU WILL BE ,SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE, ,OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY SUCH MEDIA, ,SOFTWARE OR OTHER MATERIAL OR CONTENT.
NEITHER NCC NOR ANY OTHER CONTRIBUTOR ASSUMES ANY ,RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, ,OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR ,SOFTWARE, DEVICE OR OTHER HARDWARE.
,5.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINEDBY YOU FROM NCC OR THE OTHER ,CONTRIBUTORS, OR VIA YOUR ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT ,EXPRESSLY STATED IN THESE TERMS OF USE.
,Section 8: LIMITATION OF LIABILITY ,1.Force Majeure.
WITHOUT LIMITING THE GENERALITY OF ANY OTHER APPLICABLE TERMS AND CONDITIONS, ,NEITHER NCC NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT ,IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER ,OR TECHNICAL FAILURE, FIBER CUTS, ,5,2.SERVER,INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER ,CAUSE BEYOND OUR REASONABLE CONTROL.
,Section 9: NOTICE ,1.
Notice.
Any notice required or permitted to be given by NCC may be provided by any reasonable means, including by ,mail, insertion into your monthly invoice, by telephone or by e-mail.
If we send you notice by mail, it will be considered ,given the day after it is deposited in the U.S.
mail, addressed to you at your mailingaddress of record as then-currently ,stated in our records.
If we send you notice via e-mail, including notice directing you to changes published on our Website, ,such notice will be considered given upon sending to your e-mail address of record as thencurrently stated in our records.
,If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message ,at your phone number of record as then-currently stated in our records.
Unless otherwise specified in these Terms of Use, ,any notice required or permitted to be given by you under these Terms of Use must be in writing and be sent to to the ,following address: NCC, PO Box 38, Ray ND 58849and will be deemed given only when such notice is received by us at ,this address.
If your name, contact information or other account information is no longer accurate or otherwise changes, ,then you must promptly notify NCC of such change or correction.