• (a) Program Choices. GlobeCast offers a variety of primary programmers’ services (at least one of which you have already selected) All programmers have their own rates, terms, and conditions. Information about programmers is available on our web site at www.globecastwtv.com or through our customer service representatives at 1-888-988-5288. The programmers’ rates, terms and conditions are incorporated into this Agreement. Pay Per View and other pay services may be available to you at additional charge.
• (b) Subscriber Programmer Changes. You may change your primary programmer selection by notifying us. A fee may apply to such changes (described in Section 2).
• (c) GLOBECAST’S Programmer Changes. Many factors affect the availability, cost and quality of programming and customer demand for it. Accordingly, we reserve the unrestricted right to change, re-arrange, add or delete our programmers’ packages, the selections in those packages, our prices, and any other Service we offer, at any time. We will attempt to notify you of any change that is within our reasonable control and its effective date. In most cases, this notice will be about one month in advance. You always have the right to cancel your Service, in whole or in part, if you do not accept the change (see Section 5). If you cancel your Service, a deactivation fee (described in Section 2) may apply. Credits, if any, to your account will be posted as described in Section 5. If you do not cancel, your continued receipt of our Service will constitute your acceptance of the change.
• (d) Smart Card and Receiving Equipment. If you have subscribed to an encrypted service, you have been provided with a “smart card” that is inserted into your receiver unit (referred to as the "Smart Card"). The Smart Card and the "Receiving Equipment" includes a receiver unit, a remote control unit, LNB and a receiving antenna dish. The Smart Card will work only in the Receiving Equipment that it came with. All equipment used to receive the service must be as recommended and supplied by GlobeCast in order to receive the Service and support under this Agreement. Access Cards are nontransferable and will at all times remain the exclusive property of GLOBECAST. GLOBECAST will not authorize any smart card for use in any receiver other than a GLOBECAST supplied receiver. GLOBECAST does not sell access cards individually. If you tell us that the original Access Card was lost, damaged, defective, or stolen, we will replace it, as long as there is no evidence of unauthorized tampering with or modification of the Access Card and your account is in good standing. A replacement fee will apply (described in Section 2). Tampering with or other unauthorized modification of the Smart Card is strictly prohibited and result in criminal or civil action.
  
  GLOBECAST reserves the right to cancel or replace the Smart Card, and the card must be returned to GLOBECAST upon request. If you do not return the Access Card to GLOBECAST when you cancel your Service, you may be charged a fee as described in Section 2.
• (e) Additional Receivers. If you add additional receivers to your account, you may purchase a separate subscription for each one. Some programmers restrict the total number of receivers that may be purchased for a residence. If you need more than two receivers please check with our customer service representatives for availability.
• (f) Private Viewing. Unless you have specifically contracted directly with the original programmer for a commercial service, package, we will provide Service only for your private non-commercial use, enjoyment, and home viewing. The programming may not be viewed in areas open to the public or received by commercial establishments. You may not rebroadcast, transmit, or perform the programming, charge admission for its viewing, or transmit or distribute running accounts of it. You may not use any of our trademarks for any purpose. Notwithstanding the provisions of Section 8, we or any programming provider may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction, under the rules and regulations of the Federal Communications Commission, and other applicable laws.
• (g) Blackouts. Certain programming we transmit, including some subscription Services, sports events and broadcast network Services, may be blacked out in your local reception area. Blackout restrictions are decided by the sports leagues and the other entities that own the local broadcast rights. You may visit our web site for more blackout information. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action.
• (h) Loss of Receiving Equipment. You should notify us immediately if your Receiving Equipment is stolen or removed from your premises without your authorization. If you notify us within 5 days after such removal, we will not charge you for any unauthorized use. In any case, we will not charge you for unauthorized use occurring after we receive your notification.
• (i) Transfer of Receiving Equipment. You should also notify us immediately if you sell or transfer your Receiving Equipment to someone else. We consider you to have dominion and control over the Receiving Equipment and to be the recipient of our programming unless and until you notify us otherwise. You may be liable for charges incurred in the use of your Receiving Equipment by others until you have notified us.
• (j) Your Viewing Restrictions. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. We are not responsible to you or anyone else based on the content of the programming.
• (k) Change of Address. You must notify us immediately of any change in your name, mailing address, residence address, or telephone number. If you fail to provide such notification and, as a result, our invoice does not reach you, you remain responsible for payment of that monthly invoice in a timely manner. Failure to pay in a timely manner may result in interruption of your service.
  

• (a) Programming. You will pay in advance, at our rates in effect at the time, for all Service ordered by you or anyone who uses your Receiving Equipment, with or without your permission, through all periods until the Service is canceled as set forth herein by you or by GLOBECAST.
• (b) Taxes. You will pay all taxes or other governmental fees and charges, if any, which are assessed based on your receipt of our Service.
• (c) Administrative Fees. In order to control the basic charges, which apply to all customers, we charge fees that arise in specific circumstances only to those customers responsible for them. This list is not exclusive, and GLOBECAST reserves the right to modify these fees or to charge additional fees. Accordingly, you will pay the following fees when they are applicable:
  
  • (1) Account Activation Fee: We may charge you a fee the lesser of: (i) $50.00; and (ii) the maximum amount permitted under applicable law prior to or upon activation of your Service account.
  • (2) Smart Card Replacement Fee: If we have to replace the Access Card, we may charge you a replacement fee of no more than $150.00. If you return the old Smart Card to us, you may receive partial credit to your account. If you request overnight delivery of the replacement Access Card, you must pay a shipping and handling fee to a maximum of $15.00.
  • (3) Additional Receiver Authorization Fee: If you meet the qualifications described in Section 1(f), we may charge you a monthly fee for each additional receiver. For some programmers’ services, a reduced rate may be available for multiple receivers. Please check with our customer service representatives to determine if there is a reduced rate for your particular service. If so, that reduced rate is available only if all receivers are located at your residence. If not, you will be responsible for the full amount of programming charges for each receiver.
  • (4) Administrative Late Fee: If we do not receive your payment by the due date appearing on your bill, we may charge you an administrative late fee of the lesser of (i) $5.00 and (ii) the maximum amount permitted under applicable law per month or partial month until the delinquent amount is paid in full, subject to applicable law. This late fee is not an interest charge, finance charge, or other such charge or payment of a similar nature. You acknowledge that this fee is reasonably related to the actual expense we incur due to late payment and may be subject to limitations set forth by law.
  • (5) Change of Service Fee: If you change your Service package to a lower-priced package, we may charge you a fee the lesser of (i) $5.00 and (ii) the maximum amount permitted under applicable law.
  • (6) Deposits: We may require that you provide a deposit prior to or upon the activation or reactivation of your Service, which we may apply against any unpaid amounts at any time. Deposits will appear on your bills as credits, from which we will deduct our charges. No interest will be paid on deposits.
  • (7) Deactivation Fee: If you cancel your Service or we deactivate your Service because of your failure to pay or for some other breach on your part, we may charge you a fee the lesser of (i) $15.00; and (ii) the maximum amount permitted under applicable law. If you have committed to a specific length of service (i.e. 12 months or 24 months) in order to receive a discount on receiving equipment and you fail to pay for such service for the full term that you agreed to, GLOBECAST will, without further notice, charge your credit card for a predetermined amount for that receiving equipment. You acknowledge and agree to this charge at the time that you register for the Service.
  • (8) Returned Payment Fee: If any bank or other financial institution refuses to honor any payment, draft or instrument submitted for payment to your account, we may charge you a collection fee the lesser of (i) $30.00; and (ii) the maximum amount permitted under applicable law. You acknowledge that this fee is not an interest charge, finance charge or other such charge or payment of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment.
• (d) Billing Statements. We will send you a statement for each billing cycle (usually once every 30 days) unless you have a zero or nominal balance due, or a nominal credit balance, on your account at the end of a billing cycle. Statements will show: (1) payments, credits, purchases, and any other charges to your account, (2) the amount you owe us, and (3) the payment due date. If you elect to make automatic credit or debit card payments, you will not receive monthly statements unless you request that they be sent.
• (e) Questions About Your Statement. If you think your statement is incorrect or if you need more information about it, contact us. We will respond to you and try to resolve any complaints you have as promptly as we can. If you write to us, please include the following information:

  • your name and account number
  • the dollar amount in question
  • an explanation of why you believe there is an error
  • a daytime telephone number where we can reach you
  • any suggestions you may have for solving the problem
  • If you need more information about an item, describe the item and what information you need.

If you have questions, call or write us as soon as possible. Please do not include correspondence with your payment; use the address on the first page of this agreement. In order for us to investigate the problem, you must contact us within 60 days of the date you receive the statement in question. Undisputed portions of the statement must be paid by the due date to avoid a late fee and possible deactivation of Service.

(f) Payments. Except as otherwise permitted under applicable law, you agree that you will pay your statements by credit or debit card, electronic funds transfer payments or other such payment method as GLOBECAST may designate. Due to the subjective nature of creditworthiness, we reserve the right to require pre-payment for any Service via cashier's check, money order, or credit card, regardless of some objective credit rating or any past practice. The outstanding balance is due in full each month. We may, in our discretion, accept partial payments, which will be applied to the oldest outstanding statement. No "payment in full" notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owing to us.

(g) If You Don't Pay On Time. We may deactivate your Service if you do not pay your statements on time, after any applicable grace period.

(h) Consents Regarding Credit. In order to establish an account with us, you authorize us to inquire into your creditworthiness (subject to Section 6), by checking with credit reporting agencies. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to credit reporting agencies.

(i) Collection Costs. You will pay GLOBECAST any costs we reasonably incur to collect amounts you owe us, including, without limitation, reasonable attorney's fees.

(a) Term. The term of this Agreement is indefinite and Service will continue until canceled as provided herein. We will automatically renew Service that you subscribe to on a periodic basis, including monthly and annual subscriptions and seasonal sports subscriptions, as long as we continue to carry the Service, unless you notify us that you wish to cancel it.

(b) Your Cancellation. You may cancel Service by notifying us a minimum of fifteen (15) calendar days in advance of the desired cancellation date. You may be charged a deactivation fee as described in Section 2 and issued a credit as described below. Your notice is effective on the day we receive it; however, you will still be responsible for payment of all outstanding balances accrued through the effective cancellation date. For Services sold only in blocks of one month or multiples of one month, if you cancel such Service, we will credit you only for full months not used. For example, if the effective date of your cancellation is May 10, you will be charged for the entire month of May. If your effective date of cancellation is June 1 and you cancel at least fifteen days prior to that date, you will not be charged for the month of June. If you have already paid for the month of June, you will be entitled to a refund for that month.

(c) Our Cancellation. We may cancel your Service at any time if you fail to pay amounts owing to us when due, subject to any grace periods, or breach any other material provision of this Agreement. In such case, you will still be responsible for payment of all outstanding balances accrued through that effective date, including the deactivation fee described in Section 2. In addition, we may cancel your Service if you elect not to accept any changed terms described to you, as provided in Section 4.

(a) Service Interruptions. Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of Service that occur due to acts of God, power failure or any other cause beyond our reasonable control. However, because we value our customers, for an interruption of a significant length of time that is within our reasonable control, upon your request we will provide what we reasonably determine to be a fair and equitable adjustment to your account to make up for such Service interruption. THIS WILL BE YOUR SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES.

(b) Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR YOUR RECEIVING EQUIPMENT. ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED.
(c) Limitations of Liability. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE RECEIVING EQUIPMENT OR ANY SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. REGARDLESS OF THE CAUSE. OUR TOTAL LIABILITY FOR DAMAGES OR LOSSES TO YOU AND ANY OTHER PERSONS RECEIVING OUR SERVICE, WILL IN NO EVENT EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. You may have greater rights than described above under your state's laws. You should consult them.

(d) Warranty Services. You agree that this Agreement does not provide for, and the Service does not include, any warranty services or other services that we might provide separately, including, without limitation, any fee-based or other warranty programs.

(a) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 8(d) below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to the address on the first page of this Agreement, and we will send our notice to your billing address.

(b) Formal Resolution. Except as provided in Section 8(d), if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association that are in effect at the time the arbitration is initiated (referred to as the "AAA Rules") and under the rules set forth in this Agreement. If there is a conflict between the AAA Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. If you initiate the arbitration, you agree to pay a fee of $125 or, if less and you tell us in writing, the amount that you would pay to initiate a lawsuit against us in the appropriate court of law in your state. We agree to pay any additional fee or deposit required by the American Arbitration Association in excess of your filing fee. We also agree to pay the costs of the arbitration proceeding up to a maximum of one-half day (four hours) of hearings. Other fees, such as attorney's fees, expenses of travel to the arbitration and the costs of a proceeding that goes beyond one-half day will be paid in accordance with the AAA Rules. The arbitration will be held at a location within one hundred miles of your residence unless you and we both agree to another location. To start an arbitration, you or we must do the following things: (i) Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. (ii) Send three copies of the demand for arbitration, plus the appropriate filing fee to:
American Arbitration Association 13455 Noel Road, Suite 1750 Dallas, Texas 75240-6636
(iii) Send one copy of the demand for arbitration to the other party.

(c) Special Rules. In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. A court may sever any portion of Section 8 that it finds to be unenforceable.

(d) Exceptions. Notwithstanding the foregoing: (i) any Claim based on Section 1(i) above, and (ii) any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, the Digital Millennium Copyright Act, 17 U.S.C. § 1201, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of Service, may be decided only by a court of competent jurisdiction.

(a) Notice. Notices to you will be deemed given when deposited in the U.S. Mail and addressed to you at your last known address, hand delivered to you or your place of residence, or sent electronically via email. Mailed notices may be included in our statements to you. We may also provide notice to you by email or telephone, which will be deemed given when a message is left with you or someone answering the telephone at your residence. Your notices to us will be deemed given when we receive them at the address or telephone number set forth on the first page of this Agreement.

(b) Applicable Law. The interpretation and enforcement of this Agreement shall be governed by the rules and regulations of the Federal Communications Commission, other applicable federal laws, and the laws of the state and local area where Service is provided to you. This Agreement is subject to modification if required by such laws. Notwithstanding the foregoing, Section 8 shall be governed by the Federal Arbitration Act.

(c) Assignment of Account. We may assign your account or this Agreement and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of GLOBECAST'S assets to another entity. You hereby consent to such assignment. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise.

(d) Other. No salesperson or other representative is authorized to supplement or change this Agreement. In no event shall this Agreement or any other agreement with GLOBECAST be modified orally. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of the Agreement will remain enforceable. The terms of this Agreement that expressly or by their nature survive termination shall continue thereafter until fully performed.