RCN Home Networking Intallation Agreement

THIS HOME LOCAL AREA NETWORK INSTALLATION AGREEMENT (“Agreement”) is made and entered into as of the ___ day of ___________, 201_, by and between RCN Telecom Services, Inc., for customers residing in New York, Pennsylvania and California, by and between RCN Telecom Services of Illinois, LLC for customers residing in Illinois, by and between RCN-BecoCom, LLC for customers residing in Massachusetts, and by and between Starpower Communications, LLC for customers residing in Washington, D.C. (each hereinafter referred to as “Service Provider,”) and _________________, a ______________ resident of ____________, residing at _________________, ______________ (hereinafter referred to as “Customer”). Service Provider and Customer agree as follows:

1. Home Network Use and Charges:

Customer’s use and charges for Home Networking service will be in accordance with Home Networking Addendum to the RCN Internet Access Agreement. Service Provider reserves the right to change, modify or discontinue the Home Networking service and charges at any time.

2. Home LAN Equipment:

The only Home LAN equipment provided by Service Provider is the Gateway; CAT-5 cabling for wired connections. Service Provider will also provide the software, and any updates, necessary for installing and operating the Home Networking service. Gateway must be returned to Service Provider upon cancellation of the Home Networking service. Failure to return may result in termination charges equal to the replacement cost equipment provided. Service Provider is not responsible for supplying personal computers and computing devices used in connection with the Home Networking service (“Customer Equipment”). Customer is solely responsible for taking all appropriate security measures when accessing the Internet through the Home Networking service to protect against others accessing his/her computer system.

3. Authorization for Installation:

A. Home Network Options. Customer hereby acknowledges that Customer has chosen the [___] wired or [___] wireless [Customer must initial one] options. By signing this Agreement, Customer acknowledges and authorizes Service Provider to perform all updates and changes, on site or remotely, as Service Provider deems necessary, to software when needed with or without notice. By signing below, Customer represents and warrants that it has the right and authority in the location and Customer Equipment identified at the address set forth above to permit Service Provider to install all equipment necessary for the Home Network. Service Provider will have no obligation to connect any computing device incompatible with Home Networking service.

B. Wired Option. By selecting the wired option and signing this Agreement, Customer further acknowledges that a wired requires installation of cabling to connect each personal computer or other compatible computing device to the Gateway, that Customer has raised all questions that Customer has concerning installation of wiring at the premises, and that Customer authorizes RCN to install a wired Home Network.

C. Wireless Option. By selecting the wireless option and signing this Agreement, Customer further acknowledges that a wireless option requires installation of wireless cards in Customer Equipment, that wireless connections cannot be located more than one hundred fifty feet (150’) from the “Gateway”) and that wireless connections are susceptible to interference from other devices that operate using radio frequencies such as cordless phones and microwave ovens.

4. Disclaimer and Release.

A. Disclaimer. Customer acknowledges that Service Provider, its parent and affiliate entities hereby disclaim any and all liability, damages, losses, expense and costs arising or resulting from or in connection with the use of the Home LAN service installed pursuant to this Agreement whether by Customer or by others, including, but not limited to, contents of transmissions from Customer’s computers or file sharing, print sharing or other capabilities from which others may gain access to Customer’s computers.

B. Release and Waiver. By Customer’s signature, Customer hereby releases and waives any and all claims for damages against Service Provider, its parent and affiliates, and each of their directors, officers, employees and agents from and against any and all liability, damages, losses, expenses and costs arising or resulting from or in connection with the option selection, installation, attachment and or configuring of Home LAN equipment and Customer Equipment for the delivery of the Home LAN service option selected by Customer and any associated testing thereof. CUSTOMER WILL INDEMNIFY AND HOLD SERVICE PROVIDER FROM ANY AND ALL LIABILITY ARISING FROM THE INSTALLATION OF HOME LAN SERVICE PERFORMED PURSUANT TO THIS AGREEMENT.

Customer specifically waives the protection of Section 1542 of the Civil Code of the State of California, and any similar state law, which states as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Customer understands the significance of its release of unknown claims and waiver of statutory protection against a release of unknown claims.

IN WITNESS WHEREOF, Customer has caused this Agreement to be executed.


CUSTOMER

By:_______________________________