[Source: Tim Fitzpatrick of Comcast. --Declan]

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Subject: privacy policy and subscriber agreement excerpts
Date: Thu, 14 Feb 2002 12:28:37 -0500

Privacy Policy:
Comcast will not share personal information about where you go on the
Service or on the Web. We do, however, review this information in aggregate
form to better understand how the Service is being used and to help us
determine the popularity of our various Service features. 
Comcast will not record any information that you provide to any Web site
other than ones operated by Comcast. 

Subscriber Agreement:
Collection of Information: Comcast collects, uses and releases information
on Customer use of the Service as necessary to render the Service, to
otherwise undertake legitimate business activities related to the Service
and to comply with law. Comcast may collect information in accordance with
applicable law concerning Customer's use of the Service and customer
preferences which are reflected in the choices that a customer makes among
the range of services offered as part of the Service, the time that the
customer actually uses the Service, the menus and features used most often
by the Customer, and other information about a customer's "electronic
browsing." 
Use of Information: Collecting information contained in transmissions made
by Customer through the Service directed at Comcast, its Underlying
Providers, Internet web sites, or other service providers to which access is
provided as part of the Service, is necessary to provide the Service.
Confidentiality of Information: Comcast considers the personally
identifiable Customer information that is collected to be confidential.

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Subject: privacy policy
Date: Thu, 14 Feb 2002 12:29:05 -0500

Comcast High-Speed Internet Service
Privacy Policy
 
 
 
Collection and Use of Information
 
* Comcast will use basic customer information from you to provide the
Service. When you sign up for the Service, you are required to provide your
name, address, telephone number and appropriate billing information. That
information is available only to authorized Comcast personnel for
installing, maintaining, and billing you for the Service. 
* Comcast will use information that you give us to offer a more customized
online experience. For example, since we know your zip code we can deliver
local weather information on the home page as well as a home page of
localized news or content tailored to interests that you specify. 
* Comcast or third party content and commerce providers may send promotional
email messages to specific groups of people based on our database of
customer information (for example, customers living in a specific geographic
area). However, when sending messages tailored to a specific group, the
actual names and personal information about individual customers is not
disclosed. While Comcast reserves the right to send out administrative
mailings to all its customers (for example, changes in pricing or operating
policies), you can advise us that you don't want to receive promotional
mailings and we will honor that request. 
* Comcast or third party content and commerce providers may collect and use
billing and shipping information when you purchase goods online. Billing and
shipping information may include your name, email address, shipping address,
and credit card information. This information is necessary to deliver the
service or product to you. When you use a credit card, the basic payment
information is transmitted to the appropriate financial institution for
purposes of processing the transaction. If you are concerned about the
reputation and trustworthiness of any third party content or commerce
provider, we encourage you to check their privacy policies. 
* Comcast or third party content and commerce providers may use personal
information if you participate in a contest. If you enter a contest, you may
be required to provide information about how we can contact you. This
information will be used to contact you if you win the contest, and
aggregate information may be used for marketing or research purposes.
However, like other information you provide to Comcast, personal details
about you will not be shared with others or used to send you promotional
email messages if you indicate you do not wish to receive them. 
* Comcast may share aggregate information such as the number of customers
who match certain statistical profiles (e.g., the number of customers in
various parts of the country). Comcast may from time to time share such
aggregate information, or create reports for our advertisers based on
aggregate information we collect, but we will not provide them with personal
information unless we have received your consent first. 
* While it is our general policy to refuse to make personal information
about you available to government entities in the absence of a legal
requirement to do so, Comcast will release personal information if compelled
by a lawful court order. Where we have a legal requirement to disclose
personal information, we will notify you before providing the requested
information if we are required to do so by law. 
* Comcast may release personal information in accordance with our Acceptable
Use Policy.
 
 
 
What Comcast will not do with information about you
 
* Comcast will not share personal information with advertisers, content
provider, other providers of unrelated services or other outsiders without
your consent, unless we are compelled to respond to a court order or legal
process in accordance with applicable law. 
* Comcast will not read your outgoing or incoming email, private chat or
instant messages. We do store email messages on our computer systems for a
brief period of time and could be compelled to disclose the messages along
with personal information to comply with a valid court order or if we
believe that a state of emergency exists where it is necessary to disclose
this information to protect Comcast's property or an individual's safety or
security. 
* Comcast will not send promotional email messages to you if you ask us not
to do so. We do send promotional messages to our customers from time to
time. However, we will stop sending you such messages if you advise us that
you no longer wish to receive them. 
* Comcast will not share personal information about where you go on the
Service or on the Web. We do, however, review this information in aggregate
form to better understand how the Service is being used and to help us
determine the popularity of our various Service features. 
* Comcast will not record any information that you provide to any Web site
other than ones operated by Comcast. However, Comcast's Privacy Policy does
not apply to Web sites operated by persons or organizations other than
Comcast. You should review the privacy policy of the Web sites you visit to
learn how they treat your personal information. 
* Consistent with the Federal Children's Online Privacy Protection Act of
1998 ("COPPA"), Comcast will not knowingly collect personal information from
children under the age of thirteen without first obtaining parental consent.
Children should always get permission from their parents before sending any
information about themselves (such as their names, email addresses, and
telephone numbers) over the Internet, to us or to anyone else. Comcast will
implement all of the applicable requirements of COPPA, including these
related to parental notice, consent and access, in connection with the
collection or use of personal information about children under the age of
thirteen.
 
 
 
What is spam and why might you continue to receive it
 
In the online world, unsolicited junk mail is referred to as "spam". Nearly
all of us at one time or another will find spam in our email inboxes.
Unfortunately, there is no current solution to completely prevent the
delivery of spam. Spammers find your email address in a number of ways. For
example, you may have offered your email address at a non Comcast Web site
where you signed up for a product or service or maybe you posted a message
to a discussion board and included your email address. Some spammers may
also send massive amounts of email to various Internet domains simply based
on large lists of possible names and email addresses. This allows spammers
to get mail out to people who have not provided their names or addresses.
Your best bet is simply to delete the email from your inbox.
 
Comcast is not responsible for spamming activity and cannot stop it from
occurring, especially when it originates outside of our network domain.
Comcast's Acceptable Use Policy prohibits use of the Service to deliver
spam. 
 
 
 
Forums or public chat sessions
 
Public message boards and chat rooms are by definition not private. Posting
to a public area is like making a statement in an open meeting: anyone there
can record what you say and pass it on to others. You should only post
information where you are comfortable sharing it publicly.
 
 
 
What information is stored in "Cookies"
 
Cookies are small files stored on your computer's hard drive to simplify and
improve your Web navigation experience. A Web site may store information
about your computer configuration so that it can more efficiently provide
information to you the next time you visit. Or, your browser might save a
text file with your username and password so that a Web site's server will
recognize you the next time you access the site. This allows you to return
to a site without having to log on each time you visit it.
 
Comcast uses cookie files to identify your locale and time zone so that you
can access information for your local area. Additionally, we use cookies to
deliver personalized content based on preferences you've previously chosen
on our service. We do not store your name or other personal information in
cookies. 
 
 
 
Comcast Cable Customers
 
If you are a Comcast Cable customer, the collection, use and disclosure or
personal information regarding cable service is described in the Comcast
Cable Privacy Policy.
 
 
 
Tips on how to protect your privacy and safety in cyberspace:
 
* Never provide any information to a Web site that doesn't post a privacy
policy unless you have reason to trust that site. 
* Keep your passwords private. Children should be instructed not to give out
their passwords to anyone other than their parents. 
* Never say anything in a public chat room or a forum (newsgroup) that you
don't want the public to know about. Be very cautious before posting your
name, address, telephone number, place of work or any other information that
could identify you. Information that you post in such areas can be seen by
anyone and archived for use later on. 
* When shopping online, be sure you are dealing with reputable businesses
who handle transactions securely before giving out credit card numbers or
other personal information. 
* Instruct your children never to give out information about themselves
without first checking with you. Please check out Safety Guidelines for
Parents at (http://www.safekids.com/parent_guidelines.htm).
 
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Subject: subscriber agreement
Date: Thu, 14 Feb 2002 12:29:19 -0500

Comcast High-Speed Internet Service
Subscriber Agreement
 
The cable service operating subsidiary of Comcast Cable Communications, Inc.
serving your municipality ("Comcast") will provide Comcast High-Speed
Internet Service (the "Service") to customer ("Customer") on the terms and
conditions set forth below. Comcast may use third party providers for
certain aspects of the Service (the "Underlying Providers"). By using the
Service you agree to be bound by the terms and conditions of this Agreement.
 
1. EQUIPMENT 
a. Comcast Equipment: Customer may either rent or purchase a cable modem
from Comcast directly. In some locations, customers may have the option of
purchasing a DOCSIS-compliant standard modem either from Comcast or from a
third party. Any cable modem or Ethernet card rented from Comcast, as well
as any wiring installed by Comcast (including passive and active devices) up
to the point twelve inches from where the wiring enters Customer's Premises,
shall at all times remain the property of Comcast or its designee ("Comcast
Equipment"). Comcast may, at its option, provide Customer with new or
reconditioned Comcast Equipment. Customer may not sell, transfer, lease,
encumber or assign all or any part of the Comcast Equipment. 
b. Maintenance of Comcast Equipment: Comcast shall during the time of this
Agreement repair and maintain all Comcast Equipment. Customer agrees that
Comcast Equipment shall not be serviced by anyone other than Comcast
employees or agents and that Customer shall not relocate, tamper with or
modify any Comcast Equipment or the Service installation. 
c. Access to Customer's Premises: Customer grants to Company the right, at
reasonable times and upon reasonable notice, to enter upon the Premises for
purposes of connecting, disconnecting, inspecting, repairing, replacing in
whole or in part, updating and/or removing any Comcast Equipment and the
Service. Comcast shall have the option of removing any or all of the Comcast
Equipment during or after its relationship with the Customer, but Comcast
shall not have the obligation to do so. Customer warrants that (s)he is the
owner or a tenant of the Service address and that (s)he is authorized to
grant access to the Premises. Subscriber agrees to indemnify and hold
Comcast harmless from any claim resulting from a breach of this warranty. 
d. Customer Equipment and Software: 
i. Customer understands and agrees that use of the Service requires certain
equipment provided by the Customer such as a personal computer and an
appropriate operating system ("Customer Equipment"). Customer represents
that (s)he owns the Customer Equipment or otherwise has the right to use it
in connection with the Service. Customer agrees to connect only Comcast (or
its Underlying Providers') approved equipment to the Service. 
ii. Customer shall have sole responsibility for protecting all Customer
Equipment and software from loss or damage including, but not limited to,
power surges, lightning, fire, flood and acts of God. 
iii. The installation, use, inspection, maintenance, repair and removal of
the Comcast Equipment may result in service outages or potential damage to
Customer Equipment. If Customer does not back-up all existing computer files
by copying them to another storage medium prior to such activities, Customer
understands and accepts the associated risks of such a decision. 
iv. Except for gross negligence or willful misconduct neither Comcast nor
its Underlying Providers shall have any liability whatsoever for any damage,
loss or destruction to Customer Equipment, peripherals, software or data. In
the event of gross negligence or willful misconduct by Comcast, Comcast
shall pay for the repair or replacement of the damaged Customer Equipment up
to a maximum of One Thousand Five Hundred ($1,500.00) Dollars which shall
constitute Customer's sole remedy relating to such activity. NEITHER COMCAST
NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY
DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, COMPUTER PERIPHERALS,
FILES OR DATA. 
v. If the Customer purchases its own cable modem, the cable modem must meet
the DOCSIS compatibility requirements established by CableLabs(r), Comcast
and the Underlying Providers from time to time. Comcast reserves the right
to provide service only to the extent that Customer utilizes a cable modem
compatible with the Service. Further, Customer acknowledges that the use of
the Service may periodically require updates and/or changes to the software
resident in the Comcast cable modem or in the Customer-supplied cable modem,
as the case may be. Such updates and changes may be performed remotely or
on-site by Comcast and/or its Underlying Providers at their sole option.
Customer hereby consents to such updates which will be performed as deemed
necessary by Comcast and/or its Underlying Providers with or without notice
to Customer. 
 
2. INSTALLATION AND USE 
a. Installation Process: If Customer rents Comcast Equipment, Comcast or its
agent will supply and install Comcast Equipment and a connection to the
Service, or Comcast may at its option permit Customer to self-install such
rented Comcast Equipment. If Customer purchases a DOCSIS-compliant modem and
associated equipment from Comcast or a third party, Comcast or the third
party may provide installation instructions for Customer to self install and
connect the equipment. Customer shall follow all self-installation
instructions and assumes sole responsibility with respect to self
installation. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMCAST OR
ANY UNDERLYING PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY NATURE
WHATSOEVER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY (INCLUDING DEATH)
OR DAMAGE TO PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF THE
INSTALLATION OR CONNECTION OF SUCH EQUIPMENT BY CUSTOMER. 
b. File Modification: If the installation of an Ethernet card is required,
it will be necessary to open Customer's computer. As part of the
installation process for the software, system files on Customer's computer
may be modified. Neither Comcast nor its Underlying Providers represents,
warrants, or covenants that such modifications will not disrupt the normal
operations of Customer's computer. For these and other reasons, Comcast
recommends that Customer back-up all files prior to installation of the
Service. If Customer does not back-up all existing computer files, Customer
understands and accepts the associated risks of such a decision such as loss
of files, software or data. EXCEPT AS SET FORTH IN SECTION 1(d)(iv), NEITHER
COMCAST NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR
ANY DAMAGE RESULTING FROM FILE MODIFICATIONS. 
c. Viruses: Comcast may run a third party virus check software on Customer's
computer prior to installing software on Customer's computer. Comcast does
not represent, warrant or covenant that the virus check software will detect
or correct any or all viruses. In addition, software or other content
downloaded from the Service can contain viruses or other harmful features
and it is Customer's sole responsibility to take appropriate precautions to
protect Customer's computer, software, files and data from damage as a
result of any such virus or other harmful feature. If a virus or other
harmful feature is detected and not eradicated to Comcast's satisfaction by
Customer then Comcast may immediately terminate the Service. NEITHER COMCAST
NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY
DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA RESULTING
FROM ANY VIRUS OR OTHER HARMFUL FEATURE. 
d. End User Licenses: Customer agrees to comply with the terms and
conditions of all end user license agreements accompanying any software or
plug-ins to such software distributed in connection with the Service. All
end user licenses supplied by Comcast or its Underlying Providers will
terminate at such time as the Service is terminated by Customer or Comcast. 
 
3. LIMITED WARRANTY 
EXCEPT AS OTHERWISE SET FORTH IN ANY USER LICENSE AGREEMENT REFERENCED IN
SECTION 2 ABOVE, COMCAST EQUIPMENT AND THE SERVICE ARE PROVIDED BY COMCAST
AND ITS UNDERLYING PROVIDERS "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER
COMCAST NOR ITS UNDERLYING PROVIDERS WARRANTS UNINTERRUPTED OR ERROR FREE
USE OR OPERATION OF THE COMCAST EQUIPMENT, CUSTOMER EQUIPMENT OR THE
SERVICE. CUSTOMER'S SOLE REMEDY FOR CLAIMS ARISING OUT OF USE OF THE SERVICE
OR INABILITY TO USE THE SERVICE SHALL BE LIMITED TO A PRO RATA CREDIT OF
MONTHLY SERVICE CHARGES TO BE APPLIED AGAINST FUTURE MONTHLY SERVICES
HEREUNDER UPON TIMELY CUSTOMER REQUEST AND COMCAST VERIFICATION. NEITHER
COMCAST NOR ITS UNDERLYING PROVIDERS WARRANTS THAT ANY DATA OR FILES SENT BY
OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM, AT ANY MINIMUM SPEED
OR WITHIN A REASONABLE PERIOD OF TIME. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED. 
 
4. PAYMENT TERMS 
 . Agreement to Pay: Customer agrees to pay all applicable charges, fees and
taxes ("Service Fees"). The timing of the assessment of Service Fees will be
determined in the sole discretion of Comcast. If Comcast has agreed to
charge Customer's credit card or debit card for the Service Fees (as opposed
to billing the Customer for payment in cash, by check or money order),
Customer authorizes Comcast to charge Customer's credit card and debit card
for all such Service Fees. As applicable, Customer agrees to provide to
Comcast updated credit card and debit card information on a timely basis
prior to the expiration or termination of the credit card or debit card on
file with Comcast or in the event that Customer's credit card limit or debit
card balance is or will be insufficient to cover payment. Upon termination
of Service and return of all Comcast Equipment undamaged, normal wear and
tear excluded, Customer will be credited on a pro rata basis for any monthly
Service Fees prepaid and unused. 
a. Late Payments, Failure to Pay: If any payment is not timely received, or
if Comcast is unable to charge Customer's credit card or debit card due to
invalid credit card or debit card information or due to insufficient credit
or funds, an administrative charge may be assessed and the Service may be
disconnected. If the Service is disconnected, Customer may be required to
pay a reconnect fee in addition to all past due charges before the Service
is reconnected. The administrative charge is intended to be a reasonable
advance estimate of the costs resulting from Customer's late payments and
non-payments as it would be difficult to determine the costs associated with
any particular late payment or non-payment. Payments are expected to be paid
in full when due. Comcast does not extend credit to Customers and the
administrative charge is not intended as interest, a credit service charge
or a finance charge. No acceptance of partial payment shall constitute a
waiver of Comcast's right to collect the full balance owing. 
b. Additional Charges: The Service will allow Customer to access the
Internet, online services and other commercial sites. Customer acknowledges
that (s)he may incur charges for goods or services purchased online in
addition to those billed by Comcast and agrees that all such charges,
including all applicable taxes are Customer's sole responsibility. 
c. Credit Inquiries: Customer authorizes Comcast to make inquiries and to
receive information about Customer's credit experience from others, to enter
this information in Customer's file, and disclose such information
concerning Customer to appropriate third parties for reasonable business
purposes. 
d. Billing Errors: Unless otherwise provided by applicable law, Customer
must notify Comcast of any billing errors or other requests for credit
within ninety (90) days of receipt of the disputed bill, and any claims not
made within said ninety (90) days, shall be deemed waived. 
 
5. COLLECTION, USE AND DISCLOSURE OF INFORMATION ON SUBSCRIBER USE 
 . Collection of Information: Comcast collects, uses and releases
information on Customer use of the Service as necessary to render the
Service, to otherwise undertake legitimate business activities related to
the Service and to comply with law. Comcast may collect information in
accordance with applicable law concerning Customer's use of the Service and
customer preferences which are reflected in the choices that a customer
makes among the range of services offered as part of the Service, the time
that the customer actually uses the Service, the menus and features used
most often by the Customer, and other information about a customer's
"electronic browsing." 
a. Use of Information: Collecting information contained in transmissions
made by Customer through the Service directed at Comcast, its Underlying
Providers, Internet web sites, or other service providers to which access is
provided as part of the Service, is necessary to provide the Service.
Comcast's detailed business records generally are used to help make sure
customers are properly billed; to send customers pertinent information about
the Service; and for accounting purposes. Customer information is also used
to execute requests and orders placed by customers with advertisers,
merchants, and other service providers; to understand customers' reactions
to various features of the Service or the Internet; and to personalize the
Service based on the interests of customers. Such information helps Comcast
improve the Service and uncover unauthorized access to the Service or
Customer data and may be provided to law enforcement agencies in the event
of such unauthorized access. 
b. Confidentiality of Information: Comcast considers the personally
identifiable Customer information that is collected to be confidential.
Comcast will disclose to third parties personally identifiable information
that Comcast maintains related to customers only when it is necessary to
deliver the Service to customers or carry out related business activities,
in the ordinary course of business, for ordinary business purposes, and at a
frequency dictated by Comcast's particular business need, or pursuant to a
court order or order of any regulatory body having jurisdiction over matters
which are the subject of this Agreement. Additional information regarding
disclosure of personally identifiable information is described in the
Privacy Statement which can be accessed through the Comcast High-Speed
Internet Service home page. 
 
6. PROHIBITED USES OF THE SERVICE 
 . Customer shall not use the Comcast Equipment or the Service, directly or
indirectly, for any unlawful purpose. Use of the Comcast Equipment or
Service for transmission or storage of any information, data or material in
violation of any U.S. federal, state or local regulation or law is
prohibited. This includes, but is not limited to, posting or disseminating
content which is obscene, unlawful, defamatory, or which infringes the
intellectual property of any person. 
a. In addition, Customer agrees not to: 
i. post, transmit or disseminate objectionable information, including,
without limitation, any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any local, federal or international law, order or
regulation; 
ii. access any other person's computer, software, or data of any other
person, without the knowledge and consent of such person; 
iii. upload, post, publish, transmit, reproduce, create derivative works
from, or distribute in any way, information, software or other material
through the Service which is protected by copyright or other proprietary
right, without obtaining permission of the owner; 
iv. copy, distribute or sublicense any software provided by Comcast or its
Underlying Providers, except that Customer may make one copy of each
software program for back-up purposes only; 
v. service, alter, modify or tamper with the Comcast Equipment or Service or
permit any other person to do the same that is not authorized by Comcast or
its Underlying Providers. 
vi. restrict, inhibit or otherwise interfere with the ability of any other
person to use or enjoy Comcast equipment or services, including, without
limitation, posting or transmitting any information or software which
contains a virus or other harmful feature, or generating levels of traffic
sufficient to impede others' ability to send or retrieve information; 
vii. knowingly disrupt the Service; 
viii. RESELL THE SERVICE OR OTHERWISE CHARGE OTHERS TO USE THE SERVICE, IN
WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OR ON A BUNDLED OR UNUNBUNDLED
BASIS. THE SERVICE IS TO BE USED SOLELY IN A PRIVATE RESIDENCE; LIVING
QUARTERS IN A HOTEL, HOSPITAL, DORM, SORORITY OR FRATERNITY HOUSE, OR
BOARDING HOUSE; OR THE RESIDENTIAL PORTION OF A PREMISES WHICH IS USED FOR
BOTH BUSINESS AND RESIDENTIAL PURPOSES. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, THE SERVICE IS FOR PERSONAL AND NON-COMMERCIAL USE ONLY AND
CUSTOMER AGREES NOT TO USE THE SERVICE FOR OPERATION AS AN INTERNET SERVICE
PROVIDER, A SERVER SITE FOR FTP, TELNET, RLOGIN, E-MAIL HOSTING, "WEB
HOSTING" OR OTHER SIMILAR APPLICATIONS, FOR ANY BUSINESS ENTERPRISE, OR AS
AN END-POINT ON A NON-COMCAST LOCAL AREA NETWORK OR WIDE AREA NETWORK, OR IN
CONJUNCTION WITH A VPN (VIRTUAL PRIVATE NETWORK) OR A VPN TUNNELING
PROTOCOL; or 
ix. connect the Comcast Equipment to any computer outside of the Customer's
Premises. 
 
b. Comcast reserves the right to immediately terminate this Agreement and
the Service if Customer engages in any of the activities listed above or if
Customer uses the Comcast Equipment or Services in a way which is contrary
to any other Comcast or its Underlying Providers' policy. Copies of such
policies are available as described in Section 6(d) and at such other
websites as may be specified by Comcast or its Underlying Providers from
time to time. The provisions of this Section 6 shall not in any way limit
Comcast's rights of termination pursuant to Section 7(a) of this Agreement.
Customer agrees to indemnify and hold harmless Comcast against all claims
and expenses (including reasonable attorney fees) resulting from Customer
engaging in any of the activities described in Sections 6(a) and (b) and
such indemnification obligation shall survive the termination of this
Agreement. 
c. The Comcast Acceptable Use Policy (the "Acceptable Use Policy") can be
found at www.comcastonline.com/contactus.asp (or at the applicable successor
URL) or by clicking on the member services button on the Comcast High-Speed
Internet Service home page. The Acceptable Use Policy, which is incorporated
herein by reference, applies to the Service and may, in fact, limit the use
of the Service. Customer expressly understands and agrees that the
Acceptable Use Policy may be updated from time to time by Comcast with or
without notice to the Customer, and any such revised version of the revised
Acceptable Use Policy shall be posted to the foregoing websites. The
Customer should consult the Acceptable Use Policy regularly to ensure that
Customer's activities conform to the most recent version of that policy.
Comcast may terminate Customer's Service immediately for violation of such
policies. 
 
7. TERMINATION
This Agreement and Service provided hereunder
may be terminated: 
 
 . by Comcast: 
i. at any time without prior notice if the Customer fails to comply in full
with any term of this Agreement; or 
ii. for any other reason upon thirty (30) days notice to Customer. 
 
a. by Customer at any time upon notice to Comcast. 
 
b. Customer Obligations Upon Termination: Customer agrees that upon
termination of this Agreement: 
i. Customer will return all Comcast Equipment to Comcast. 
ii. Customer will return or destroy (at Comcast's direction) all copies of
any software provided to Customer pursuant to this Agreement. 
iii. Customer shall pay to Comcast the full manufacturer's suggested retail
price for the replacement of any Comcast Equipment or any software which is
not returned, is only partially returned, or is returned damaged (ordinary
wear and tear excluded) at the end of this Agreement, together with any
incidental costs incurred by Comcast relating to its replacement. Customer
authorizes Comcast to charge Customer's credit or other debit card on file
with Comcast (if applicable) for any such charges and to otherwise collect
such amounts from Customer. 
iv. Customer shall pay Comcast in full for Customer's use of any Comcast
Equipment and Service up to the latter of (I) the end of the monthly billing
period in which Service was terminated or (II) the date on which all Comcast
Equipment has been disconnected and returned to Comcast. In cases in which
Customer elected an annual prepayment arrangement, Customer agrees that
Comcast, at Comcast's option, may calculate any refund based upon either the
discounted annual prepayment rate or the normal rate for the Service. 
v. If Customer does not return all Comcast Equipment to Comcast and/or
Customer's account has a balance due, Comcast may refer Customer's account
to a collection agency to pursue collection of such equipment and/or
balance. Fees incurred by Comcast as a result of Comcast's and its agent's
efforts to collect past due amounts from Customer may be assessed by Comcast
upon Customer, in addition to any other fees due under this Agreement. 
 
c. Retention of Rights: Nothing contained in this Agreement shall be
construed to limit Comcast's rights and remedies available at law or in
equity. Comcast reserves the right to delete all data, files, electronic
messages, or other information that is stored on Comcast's or its Underlying
Provider's servers or systems when Customer's account with Comcast is
terminated for any reason. 
d. Multiple Users: Customer acknowledges that Customer is executing this
Agreement on behalf of all persons who use the Comcast Equipment and/or
Service through Customer's computer. Customer shall have the 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 Comcast Equipment by
Customer or by any other user of Customer's computer. Customer agrees to
indemnify and hold harmless Comcast and its Underlying Providers against all
claims and expenses (including reasonable attorney fees) arising out of use
of the Service and/or Equipment by Customer or any other user of Customer's
computer. 
 
8. CONTENT 
 . Responsibility for Content: Customer should be aware that there may be
some content on the Internet or otherwise available through the Service
which may be offensive to some individuals, or which may not be in
compliance with laws. Neither Comcast nor its Underlying Providers assumes
any responsibility for the content contained on the Internet or made
available by others. Neither Comcast nor its Underlying Providers shall have
any liability whatsoever for any claims, losses, actions, damages, suits or
proceedings arising out of or otherwise relating to access to such content
by Customer. Questions or complaints concerning content should be addressed
to the content provider. 
a. Posting of Content: Comcast assumes no obligation to monitor
transmissions made on the Service. However, Customer acknowledges and agrees
that Comcast and its Underlying Providers shall have the right to monitor
such transmissions from time to time and to disclose the same in accordance
with applicable laws, regulations or governmental requests and to operate
the Service properly. Comcast and its Underlying Providers reserve the right
to refuse to post or to remove any information or materials, in whole or in
part, that in their sole discretion are unacceptable, undesirable or in
violation of this Agreement. 
 
9. SERVICE CHARACTERISTICS 
 . Eavesdropping: The risk of "eavesdropping" exists on the Internet as well
as other services to which access is provided as part of the Service. This
means that other persons may be able to access and/or monitor Customer's
computer, transmissions and receptions. Because of this risk, any sensitive
or confidential information sent by Customer is sent at Customer's sole
risk, and neither Comcast nor its Underlying Providers shall have any
liability whatsoever for any claims, losses, actions, damages, suits or
proceedings arising out of or otherwise relating to such actions by
Customer. 
a. FTP/HTTP: Customer should be aware that when using the Service to access
the Internet or any other online network or service, there are certain
transfer protocols, such as FTP (File Transfer Protocol) and HTTP (Hyper
Text Transfer Protocol), which may allow other Service users and Internet
users to gain access to Customer's computer. If Customer chooses to run such
transfer protocols, Customer should take appropriate security measures.
Neither Comcast nor its Underlying Providers shall have any liability
whatsoever for any claims, losses, actions, damages, suits or proceedings
resulting from, arising out of or otherwise relating to the use of such
transfer protocols by Customer, including without limitation, damages
resulting from others accessing Customer's computer. 
b. File and Print Sharing: The Service functions as a Local Area Network
(LAN) in that each Customer is a node on the network. As such, users outside
the Customer's home may be able to access the Customer's computer.
Additionally, some software may permit other users across a network such as
the Service and the Internet to gain access to Customer's computer and to
the software, files and data stored on the computer. For example, operating
systems such as Windows 95 and Apple Macintosh include file sharing and
print sharing capabilities which, when enabled, will permit other users to
gain access to the Customer's computer even if the Customer is not using the
Service. Comcast therefore recommends that the Customer connect only a
single computer to the Service and that the Customer disable file and print
sharing and other capabilities that allow users to gain access to the
Customer's computer. Any Customer who chooses to participate in the Service
using other than a single computer or who chooses to enable capabilities
such as file sharing, print sharing, or other capabilities that allow users
to gain access to the Customer's computer, acknowledges and agrees that the
Customer does so at the Customer's own risk, and that neither Comcast nor
its Underlying Providers shall have any liability whatsoever for any claims,
losses, actions, damages, suits or proceedings arising out of or otherwise
relating to such use by the Customer. 
c. High Risk Activities: The Service is not fail-safe and is not designed or
intended for use in situations requiring fail-safe performance or in which
an error or interruption in the Service could lead to severe injury to
business, persons, property or environment ("High Risk Activities"). Such
High Risk Activities may include, without limitation, vital business or
personal communications, or activities where absolutely accurate data or
information is required. Subscriber expressly assumes the risks of any
damages resulting from High Risk Activities. 
d. Facilities Allocation: Comcast reserves the right to determine, in its
discretion, and on an ongoing basis, the nature and extent of its facilities
allocated to support the Service, including, but not limited to, the amount
of bandwidth to be utilized in conjunction with the Service. 
 
10. LIMITATION OF LIABILITY 
 . Unless otherwise prohibited by law, neither Comcast nor its Underlying
Providers will have any liability to Customer or to any third party for: 
i. any direct, indirect, incidental, special, punitive or consequential
losses or damages, including loss of profits, loss of earnings, loss of
business opportunities and personal injuries (including death), resulting
directly or indirectly out of or otherwise arising in connection with,
installation, modification or removal of Comcast Equipment, the Customer
Equipment, the use of the Service by Customer or any other user of the
Comcast Equipment or other Service-related equipment, including, without
limitation, any damage resulting from or arising out of Customer's reliance
on or use of the Comcast Equipment, the Customer Equipment (and any
installation instructions) or Service, or the mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation,
transmission, or any failure of performance of the Comcast Equipment or
Service; and 
ii. any losses, claims, damages, expenses, liabilities or costs (including
legal fees) resulting directly or indirectly out of, or otherwise arising in
connection with any allegation, claim, suit or other proceeding based upon a
contention that the installation or use of the Comcast Equipment, Customer
Equipment or Service by Customer or a third party infringes the copyright,
patent, trademark, trade secret, confidentiality, privacy, or other
intellectual property rights or contractual rights of any third party, or
based upon a contention that opening Customer Equipment in order to install
any Ethernet card required to use the Service invalidates any warranty
governing the Customer Equipment. 
 
a. The limitations set forth in this Section 10 apply to the acts,
omissions, and negligence of Comcast and its Underlying Providers (and their
respective officers, employees, agents, contractors or representatives)
which, but for this provision, would give rise to a cause of action in
contract, tort or any other legal doctrine. 
b. Customer's sole and exclusive remedies under this Agreement are as
expressly set out in this Agreement. Some states do not allow the
limitations or exclusion of incidental or consequential damages, so such
limitations or exclusions may not apply. 
 
11. MISCELLANEOUS 
 . Contact Address: For any inquiries or notices required in connection with
this Agreement, Customer may contact Comcast via e-mail at
www.comcastonline.com/contactus.asp (or such other e-mail address as Comcast
may designate) or in writing to Comcast Online Services, 1500 Market Street,
Philadelphia, PA 19102-2148. 
a. Entire Agreement/Amendment: This Agreement, the Customer Work Order and
any software end user license agreement provided in connection with the
Service constitutes the entire Agreement between Customer and Comcast. No
undertaking, representation or warranty made by an agent or employee of
Comcast or its Underlying Providers in connection with the installation,
maintenance or provision of the Service which is inconsistent with the terms
of this Agreement shall be binding on Comcast. This Agreement may be amended
by Comcast on thirty (30) days' prior notice to Customer, and such amendment
may be posted to the Comcast High-Speed Internet Service home page at
www.comcast.net (or the applicable successor URL) or otherwise provided to
Customer in hardcopy or electronic form, as determined by Comcast in its
sole discretion. Customer's election to continue receiving the Service
thereafter shall be deemed to constitute Customer's acceptance of such
amendment. Notwithstanding anything to the contrary in this Section, the
terms and conditions of the Acceptable Use Policy, as the same may be
revised from time to time by Comcast and/or its Underlying Providers, apply
to the Service and may, in fact, limit the use of the Service. 
b. Assignment: Comcast may freely assign its rights and obligations under
this Agreement, including, without limitation, to any parent, subsidiary or
other affiliated company of Comcast. 
c. General: In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original intentions
of the parties and the remainder of the provisions shall remain in full
force and effect. Comcast's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provisions of this
Agreement. This Agreement may not be assigned or transferred by Customer.
This Agreement shall be exclusively governed by, and construed in accordance
with, applicable federal law and the laws of Customer's state of residence
where the Service is provided. 
 
12. NOTICE 
Comcast may deliver notice to Customer by means of electronic mail sent to
Customer's e-mail address on file with Comcast and/or by written
communication delivered by United States or overnight mail to Customer's
address in Comcast's records. 
 
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