Please read the terms and conditions of this SureWest Cable Television Services Agreement (“Agreement”) carefully before using SureWest Cable Television Services. We use the term Cable Service generally in this Notice to refer to all video programming and other services that are known and regulated as ”cable services” under applicable law. By establishing an account or using these SureWest Services, you agree to and are bound by the terms and conditions contained in this document. If you do not agree with the terms and conditions of this document, including any future revisions, you may terminate the Cable Services with SureWest according to Section 3 (Termination of Service).

When the Federal Communications Commission (FCC) issued its technical and customer service standards for video programming providers, it adopted regulations which require all such providers to establish procedures for resolving questions or complaints customers may have about billing for Cable Services, the quality of the video signals, and other Cable Services provided, and the FCC required the providers to notify customers of those procedures.

Our Customer Service procedures, in addition to many other items, are covered in materials provided to you at the time of installation, and that are also provided again annually, once you have become a Customer. This Notice summarizes some of the procedures that we have put into place and that are necessary to answer questions and resolve any complaints you may have about billing for the Cable Services you receive, the quality of the video signals, or any other Cable Services we provide.

For those of our Customers receiving Cable Services through commercial accounts, multiple-dwelling owners or other similar arrangements, some of the policies, procedures and services in this Agreement may not apply. Please refer to the terms and conditions of separate documents reflecting the terms and conditions of these separate arrangements.

The following disclosures precede any binding obligation by you for the Cable Services and/or equipment to be provided, and you retain the right to rescind, reject, or modify any earlier incremental Cable Service or Equipment request which was not accompanied by a disclosure of the costs related thereto at the time you agreed to obtain Cable Service(s).

SUREWEST POLICIES AND PRACTICES

We follow the policies and practices in this Agreement when providing SureWest Cable Services. We may change them in the future and will notify you if that occurs. We will continue to review our policies and practices as part of our commitment to continually improve the quality of the Cable Services we provide. We will send you a written, electronic, or other appropriate notice informing you of any changes and their effective date. If you find any change unacceptable, you have the right to cancel your Cable Service prospectively.

If you continue to receive Cable Service after the effective date of the change, we will consider this as your acceptance of the change, and the Agreement, as changed, will continue in effect.

SureWest provides Services to its Customers within its built-out Service area without discrimination as to race, color, sex, nationality, religion, marital status, income level, source of income, or geographic location.

1.   DEFINITIONS.

As used in this Notice related to SureWest Cable Services policies and practices:

“Cable Act” means the Cable Communications Policy Act of 1984, as amended.

“Customer,” “Subscriber,” “You,” or “Your” means the individual identified on the work order initiating the installation of SureWest Services. The Customer is responsible for all charges on the account.

“Welcome Kit” means materials provided to Customers at time of installation and upon request, describing the Services, pricing and packaging, notifications, terms and conditions of Services, and other information.

“Equipment” means one or more of the following: digital set top converter, remote-control unit, demarcation device or unit, security devices, addressable control module, A/B switch, coaxial and/or fiber optic cable (“cable”) which is not Inside Wiring, parent lock-out device, or any other device installed in or around your Home, or provided by us, necessary or convenient for you to receive Services from us. Inside Wiring is not Equipment.

“Home” means the structure in which you live, including a single-family home, apartment, other residence, or any other type of dwelling unit.

“Hourly Service Charge” means the hourly charge you will pay for certain Services. The Hourly Service Charge is based on our assessment of costs and market conditions, and it allows SureWest to recover the costs of servicing, installing and maintaining Customer Equipment.

“Inside Wire” or “Inside Wiring” means the coaxial cable and/or other wiring and/or fiber optic cable that is installed by SureWest exclusively for the provision of Cable Service, and runs inside your home and to a point 12 inches outside of your home. It includes any extra outlets, splitters, connections, fittings or wall plates attached to it. Inside Wiring includes all the fiber optic/coaxial cable/CAT 5 and other wiring material that runs to a single or multiple points connecting communication devices in your Home. It includes extra outlets, splitters, connections and fittings or wall plates attached to the wire, but does not include terminal devices such as digital set top converters, demarcation devices or units, gateway devices or units, A/B switches, parental lock-out devices, security devices and the like, even if inside or within 12 inches of your Home, and does not include any wiring that is jointly used with another provider of services to you.

“Installed” means either installed and/or activated.

“Service(s)” or “Cable Service(s)” means the video television programming and/or related cable television service(s) that we provide to you, and that are governed by applicable local franchises or licenses. Any telephone and/or data/Internet access services you may receive from SureWest are covered by other disclosures that are provided separately.

“SureWest,” “SureWest Broadband”, “We,” “Company,” “Us,” or “Our” means SureWest TeleVideo, a California corporation, or in Roseville, SureWest TeleVideo of Roseville, a California corporation, each of which also operates under the name SureWest Broadband, and its employees, representatives and/or authorized agents.

2.   SUREWEST CHANGES IN CABLE SERVICES AND CHARGES.

SureWest may change its Services, Equipment, prices or fees, at any time. If a change affects you, we will provide you with advance notice of the change and its effective date. The notice may be provided on your monthly bill, as a bill insert, in a newspaper (if allowed), or by other permitted communication. If you continue to receive Service after the effective date of the change, we will consider this as your acceptance of the change.

To the extent required by law and the applicable cable television franchise or license agreement, after notice to you of a change of Cable Services, a re-tiering, or a price increase, you may obtain some changes in your Cable Services tiers (e.g., some downgrading) at no additional charge.Changes requested by you to the Services you receive may result in an increase or change of Service charge, and some packages may no longer be available. Please refer to the Welcome Kit we have supplied to you for details or call your local Customer Care office if you have questions.

You may obtain information about the current fees and prices for any of our Services by calling our local Customer Care office. The office phone number may be found in your Welcome Kit, on your monthly bill, or in your monthly bill statement mailing. A list of charges is also provided to our Customers annually in a separate mailing or bill statement.

You agree not to attach unauthorized devices to our Equipment or Inside Wiring. Unauthorized connections or modifications to the Equipment, to our Inside Wiring, or to any other part of the SureWest network will result in a breach of these policies and practices and may result in the termination of your Service.

3.   TERMINATION OF CABLE SERVICE

You may not assign or transfer the Service to anyone without prior written approval of SureWest. You remain responsible for all payments due until the Service that is provided is paid for, is properly terminated, or SureWest approves the prospective assignment and transfer of the Service in writing.

The individual policies and practices in this document will continue and apply to your rights and those of the Company after the end of your Service.

a.   Voluntary Termination
Unless you have otherwise agreed to a “term” (for example, where you have agreed in advance to receive Service over a specific period of time), you have the right to cancel your Service for any reason at any time by giving us notice. We will refund any balance due to you within approximately twenty (20) business days following the later of (i) your notice to us to discontinue Service, or (ii) the return of any Company Equipment you may have, but not later than thirty (30) days thereafter.

b.  Involuntary Termination / Effect on Other SureWest Services
Subject to applicable federal, state, or local law, and any notice requirements set out in the applicable franchise or license ordinance or agreement, if you fail to pay your bill when it is due or fail to comply with any term contained in this Agreement, we have the right to terminate your Cable Services.

4.   CABLE SERVICE-RELATED EQUIPMENT

SureWest will install and maintain lines, Equipment, Inside Wire and other material on your property as may be necessary to deliver the Services to your Home. All Equipment, Inside Wire, and materials installed by SureWest will be and remain the property of SureWest, free from any claim of Customer or any third party who succeeds to possession or ownership of your Home, but subject to any legal requirements or conditions.

The installation and maintenance of Equipment, Inside Wire and other SureWest materials will be performed by SureWest, and you agree not to attach unauthorized devices to our Equipment or Inside Wire. If you make any unauthorized connections or modifications to our Equipment, Inside Wire, or any other part of our network, you will be in breach of this Agreement and we will have the right to terminate your Service.

Digital set top converters are necessaryto receive most SureWest Cable Services, as described in our Welcome Kit. If the nature of your service requires a digital set top converter from SureWest, SureWest may charge you a fee.

Additionally, SureWest has remote controls specifically designed for the digital set top converters we supply and may offer universal remote controls that can control multiple devices for a fee. If you want to purchase a remote control from a retail store, please contact your local SureWest office for more information.

Inside Wiring is different from Equipment. While you are a SureWest Customer, we retain ownership of the Inside Wire we install, but any Inside Wiring that you install or you have a third party install is owned by you. Although we retain ownership on the Inside Wire that we install, you are responsible for any negligence and damage to the Inside Wire unless you subscribe to our “Home Guard” Inside Wiring maintenance plan. At the time you terminate SureWest Services, we will relinquish ownership to you of our Inside Wire, but not any Equipment or other SureWest material on your property. The Equipment installed by us belongs to us or, on occasion to other third parties, unless you have purchased it and it is fully paid for.We may supply new or reconditioned Equipment to you, at our option.

You are responsible for returning all Equipment provided by SureWest to the Company when you stop receiving Service, regardless of whether Service is terminated by you or by SureWest. You will be directly responsible for repair, replacement and other costs, damages, fees and charges if you do not return Equipment to us in an undamaged condition. If you move, it is important that you return the SureWest Equipment and do not leave it at your Home. The Equipment must be returned to us or one of our representatives, in good working order, normal wear and tear excepted, or else you will be charged for a new replacement, all repair charges for damaged equipment, and any other charges to make SureWest whole related to each piece of Equipment not returned as required. These various charges are set out separately and provided to you.

Any damage to SureWest Equipment, other than normal wear and tear, will be your responsibility, and you will be required to pay SureWest for the repair or replacement of such Equipment. As the Customer, you agree that you will be responsible for paying all costs incurred by SureWest in any legal action taken (criminal or civil) to enforce this paragraph, including, but not limited to attorneys’ fees and costs, private investigator fees, expert witness fees and all costs of litigation.

You are responsible for preventing the loss of, or damage to, Equipment within your Home. We suggest that the Equipment be covered by your homeowners, renters, or other insurance.

All installations will be subject to a charge as identified in your price/rate and programming disclosure. If you have us perform any installation, repair or maintenance of the Inside Wiring after we begin providing services to you, we will charge you our Standard Hourly Rate (or where applicable, our Inside Wall Wiring Hourly Rate). If you have subscribed to our “Home Guard” Inside Wiring maintenance plan, described in Section 5 (Inside Home Wiring and the Available “Home Guard” Home Wiring Protection Plan), repair and maintenance of your Inside Wiring will be covered. There is a minimum one half (1/2) hour charge for repair and for Inside Wiring visits for any Customer not covered under the Home Guard plan. Additional charges will accrue thereafter for each such Customer in each case in fifteen (15) minute increments. This charge does not operate to purchase the Inside Wiring however. A Service Call charge may also apply. SureWest is not responsible for problems with the operation of, nor do we provide maintenance service for your television, television-related Equipment, telephone, telephone-related Equipment or personal computer or other data-related Equipment, even if it is attached to SureWest’s Equipment.

None of the Equipment supplied by us is intended to become fixtures or a part of your real property in any way, unless you purchase it. The Equipment supplied by us may be removed by us, at our option, at any time during or following termination of your Service, whether due to nonpayment for Service or otherwise, and you agree to allow us access to your Home for such purposes.

Our digital set top converters have parental control capability, which allows either rated programming or selected channels to be blocked from viewing. Please call our Customer Care Center for more information.

Digital set top converters may be obtained by calling our Customer Care Center.

Should you experience Equipment problems, replacement Equipment may be obtained by calling our Customer Care Center to schedule an appointment, or returning and exchanging the Equipment in person at our offices identified in your price/rate and programming disclosure.

If you are moving out of our service area or need to disconnect, please visit one of our Customer Care Centers or contact one of our Customer Care Representatives to place your disconnect order and to make arrangements for the return of any equipment supplied by SureWest. Charges may continue until all Equipment has been returned to or picked up by SureWest.

5.   INSIDE HOME WIRING AND THE AVAILABLE “HOME GUARD” HOME WIRING PROTECTION PLAN

Inside Wiring can be installed by SureWest or by a Customer. It is the policy of SureWest to maintain ownership of its interest in the Inside Wiring (and all other wiring) it installs to the maximum extent that its ownership is allowed to be maintained by applicable law and regulation. Inside Wiring includes the section of wiring that is 12 inches outside your dwelling unit where the cable enters the home.

You may not attach any device or Equipment to your Inside Wiring in a way that impairs the integrity of SureWest’s network, such as by creating signal leakage, or which may cause a violation of government regulations. Signal leakage can interfere with radio devices that use the same frequencies near the source of the leakage, including devices on some frequencies used by air traffic control, police and fire safety services. There have been documented cases of interference to aeronautical communications between airplanes and air traffic control, caused by signal leakage. We can disconnect service to prevent or repair signal leakage if you decide to make your own connections within your home and it results in signal leakage in excess of FCC standards. You may not attach devices or Equipment to the Inside Wiring, which alone or together results in a degradation of signal quality to you or your neighbors.

SureWest is not responsible for problems relating to the operation of Customer-owned consumer electronic equipment such as televisions, VCRs, home antennas, etc., which may be connected to the Inside Wiring in your Home. Do not attempt to open or to repair SureWest Equipment yourself. SureWest is responsible for problems relating to any Equipment that you lease from us, however, problems caused by tampering, neglect or abuse will be remedied at the Customer’s expense.

SureWest’s Home Wiring Protection Plan (“Home Guard”)offers our Customers protection on Inside Wiring. Home Guard is available, for a monthly recurring fee, to all of our residential Customers for all Services provided by SureWest under your Agreement. If you live within the service area of SureWest Telephone, you may be required to purchase the inside wire maintenance plan from SureWest Telephone as a precondition to subscribing to Home Guard. Home Guard relieves the Customer from all maintenance charges. Without Home Guard if a Customer damaged the Inside Wire by cutting it during a home improvement project, or a dog chewed the wiring on the side of the home, SureWest would charge for the necessary repairs. For Customers who subscribe to Home Guard, SureWest will determine the source of Service trouble and repair or replace defective, damaged or improperly operating Inside Wire at no additional charge to the Customer.

Home Guard does not cover the following:

a) Damage caused by fire or acts of God such as hurricanes, tornados, or flooding; or

b) Repair of any Customer-owned equipment or facilities, such as television instruments, telephone instruments, or peripheral equipment, such as personal computers and telecommunications answering machines; or

c) Installation of jacks or connectors at new locations on a Customer’s premises; or

d) Extensions located in detached outbuildings; or

e) Willful and/or malicious damage or destruction, harm resulting from abuse, or harm or damage that is a direct or indirect result of reckless conduct.

SureWest’s liability to the Customer for damages arising under or in connection with Home Guard, regardless of the form of action, shall not exceed the lesser of (i) actual proven damages or (ii) the cost of two (2) years of Home Guard maintenance. SureWest does not warrant residential Service to support commercial activities or to be able to be put to any business use, and SureWest shall not be held liable for losses of failures due to the inability to make commercial use of the Service, for any reason.

In connection with Home Guard, SureWest shall not be liable to a Customer in any way for any delay, failure in performance, loss, or damage due to any cause beyond its reasonable control, and in no event will SureWest be responsible for any indirect or consequential damage or loss, including damages claimed to result from loss of business, revenue, profits or business opportunity.

6.   ACCESS TO CUSTOMER’S HOMES

You authorize SureWest or our designees to enter into your Home in your or your representative’s presence, or upon your property outside your Home, at any time during normal business hours or by appointment, to install, inspect, maintain, replace, remove or otherwise deal with the Services and Equipment supplied by us. You should ask for proper identification. You also grant SureWest permission to run its cable, or to install its Inside Wiring and Equipment on your property, and to drill holes as necessary in or into your Home - in locations agreed to jointly by you and SureWest - to connect SureWest Services and Equipment, and to place SureWest Inside Wiring. You consent to, and guarantee the consent of any other person, firm or institution whose consent may be required, to the entry upon your property by SureWest for the purposes of installation, maintenance and removal of Equipment, and Inside Wiring, and to the continuous use by SureWest, without hindrance, of any existing or future public utility easement on or through Customer’s property or the property where your Home is. This authorization includes the right for us or our designee to be on any property outside your Home at reasonable times, even if you are not at home. You authorize us or our designee to make connections and perform other tasks which are necessary or desirable to enable us to provide Services to you or others, including connecting and making necessary attachments to our or your Inside Wiring. If you are not the owner of your Home, you agree to supply us or our designee, upon request, with the owner’s name and address, proof that you may give us access on the owner’s behalf, and, if needed, consent from the owner of the Home. SureWest’s right to use any public utility easement will continue and is not revoked when Service is terminated.

7.   PRIVATE VIEWING OF UNAUTHORIZED CABLE SERVICE OR OTHER VIDEO CONTENT

SureWest provides Cable Service to you for your private home viewing, use and enjoyment, and that of your family. You agree that the programming provided over the network will not be viewed in areas open to the public. The programming may not be rebroadcast, retransmitted or performed, nor may admission be charged for its viewing without first obtaining written consent, in advance, from us and also from our programming supplier(s), who hold rights to their programming. This consent may be withheld at our sole discretion or at the sole discretion of our programming supplier(s).

SureWest may not have the right to distribute pay-per-view programming to commercial establishments. Therefore, you may not order or request pay-per-view programming for receipt, exhibition or taping in a commercial establishment. You may neither exhibit nor assist in the exhibition of pay-per-view programming in a commercial establishment, unless explicitly authorized to do so, in advance, by us and our program provider. You may not move your digital set top converter to another location or use it at any time at an address other than your Home or location where Service was installed by us, without prior written authorization from SureWest. If you fail to abide by this restriction, you will be responsible for all damages and expenses resulting from any claims made against you or SureWest due to the unauthorized commercial exhibition of restricted programming. The technology of pay-per-view and other programming transmission is rapidly evolving. Occasionally, suggestions are made to parties involved in the video business, including our programming or Equipment suppliers, that certain activities are or may be infringing on valid patents. SureWest reserves the right to take such action as it determines is necessary or appropriate, in its sole discretion, to address any such claims raised to it or to others.

8.   LIMITED WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION

Except as explicitly set forth in the terms and conditions applicable to specific Services we provide to you, which may either disclaim a warranty or include a longer warranty, we warrant for a period of thirty (30) days from the date of our installation or repair that the Service, Inside Wiring and Equipment we have installed or repaired to deliver Service to your Home will meet accepted industry standards, and be free from material defects in materials or workmanship. If you report any failure to conform to this warranty to us within the 30-day period, we will re-perform the non-conforming Services and repair or replace the non-conforming Inside Wiring and Equipment. Repair or maintenance of work or repair or replacement of non-conforming Inside Wiring and Equipment shall constitute our entire liability and your sole remedy under this warranty, whether claims or remedies are sought in contract or tort (including, without limitation, negligence, strict liability, or otherwise).

We also warrant that the basic quality of the Cable Service we provide will comply with any applicable FCC technical quality standards; however, the sole Customer remedy for any failure to so comply is restoration of Service to meet those standards when a failure is identified, and any credit that may be available under the applicable franchise or license agreement for qualifying service outages.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN FACT OR IN LAW. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, SUREWEST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR NON-INFRINGEMENT OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Except as expressly required by law, we will not be liable for any delay or failure to perform our obligations, including interruption in Service, if such delay or non-performance arises in connection with any acts of God, fires, earthquakes, floods, strikes or other labor disputes, unusually severe weather; acts or any governmental body, or any other cause beyond our reasonable control.

SureWest makes no warranty or representation regarding any results that may be obtained for the use of SureWest Services, regarding the accuracy or reliability of any information obtained through SureWest Services, regarding goods or Services purchased or obtained through SureWest Services, regarding any transactions entered into through SureWest or its Services, or that SureWest Services will meet any user’s requirements, be uninterrupted, timely, secure or error-free. You assume responsibility and risk for your use of the Service.

This warranty gives you specific legal rights. You also may have other legal rights, which may vary from state to state and by local community. Some states do not allow the exclusion or limitation of incidental or consequential damages or do not allow limitation on implied warranties or their duration. If you live and receive Service in one of these states, some of the above exclusions will not apply to you.

In accepting these terms and conditions, Customer understands and expressly agrees that the use of SureWest Services is at Customer’s sole risk, that any use of Services provided by SureWest, including material obtained through the use of any SureWest Services, is at Customer’s own discretion and risk, and that you will be solely responsible for any damage to home electronic equipment not caused directly by SureWest.

SUREWEST AND ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SUREWEST HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE RESULTING FROM THE USE OF OR THE INABILITY TO USE SUREWEST SERVICES, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH SUREWEST SERVICE, LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA FOR THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES.

You agree to indemnify, defend and hold harmless SureWest, its affiliates, officers, directors, employees, consultants, representatives and agents from any and all third-party claims, liability, loss, damages and/or costs (including, but not limited to, attorney’s fees and costs) arising from your use of our Services, your violation of the terms of Service or your infringement, or from infringement by another user of your account, of any intellectual property or of other rights of any person or entity. The terms of Service will inure to the benefit of SureWest, its successors, assigns, and licensees.

Customer indemnifies and holds SureWest harmless from and against any and all demands, claims, and actions of any kind whatsoever, including attorney’s fees and costs, witness fees, costs of defense, liabilities and other expenses for damage to person or property, including, but not limited to, any employee, agent, servant, independent contractor, employees of such persons, or any guest or occupant on the Customer’s property, in any way arising from the installation or operation of SureWest Equipment or facilities. SureWest is not responsible for any act of nature. We recommend that you unplug Equipment during any storm with lightning potential.

In the event of any breach of this Agreement by Customer, or the failure of Customer to abide by the rates, rules and regulations of SureWest, SureWest may discontinue the Service without notice and, at its option, may remove its property from Customer’s Home or property. Failure of SureWest to remove such property shall not be considered to be an abandonment of the property by SureWest.

You understand that in providing Services, SureWest is making use of poles and conduit/ducts owned by one or more governmental subdivisions or utility companies, or in which such entities have an ownership or other interest, and that continued use of this infrastructure is in no way guaranteed. In the event the continued use is limited or denied to SureWest for any reason, SureWest will make every reasonable effort to provide Service over alternate routes. Customer indemnifies and holds such utilities harmless from and against any and all demands, claims, and suits of any kind whatsoever.

9.   CUSTOMER PRIVACY NOTICE

SureWest provides the following Notice to you in this section to inform you of our practices regarding personally identifiable information, as described below, which may be collected in the course of providing Cable Service to you. This Notice is being provided under the Cable Communications Policy Act of 1984, as amended (the “Cable Act”) and the Sacramento Amended and Restated Cable Television Licensing Ordinance, adopted 1989, as amended, or in Roseville, under the Franchise Agreement between the City of Roseville and SureWest. If you receive your Cable Service in another area, this notice may be provided pursuant to the franchise or license for that area.

When you order any Cable Service, a condition of providing it to you is that you give your consent to SureWest Communications’ subsidiaries to make available to one another information related to your account(s), where such information will assist in initiating, providing, billing and collecting for all Service(s) provided to you (such as to assist in establishing and maintaining billing records, responding to repair and other service issues, and resolving payment questions).

This Notice only pertains to personally identifiable information about you which you have furnished to us, or that we have collected, for the purpose of providing Cable Service to you. Personally identifiable information does not include aggregate data that does not identify you specifically. It also does not include information about you which may be collected by SureWest other than in the course of providing Cable Service or which is obtained from publicly available sources. The Cable Act pertains to such personally identifiable information to the extent it is disclosed by you to, or collected by, SureWest in connection with its Cable Service operations.

Eight areas are covered by this Customer Privacy Notice:

9-A. The collection and use of personally identifiable information;
9-B. Limitation on the disclosure of personally identifiable information;
9-C. Disclosure of information to governmental entities and other legal process;
9-D. The time period that we retain personally identifiable information;
9-E. Your online communications on the SureWest high-speed data service;
9-F. Your right of access to our collection of such information;
9-G. Your rights under the Cable Act; and
9-H. The use of polls and surveys.

   9-A. Collection and use of personally identifiable information

In order that we may provide efficient Service to you, we collect the following types of information about you which may constitute personally identifiable information: your name, home and work address, telephone numbers, social security number, and credit information. Depending on the Services we provide to you, our records also may include information on billing, payment, damage and security deposits, maintenance and repairs, the number and location of personal computers or other data equipment (PCs) in your Home and your PC configuration, the Service options you have chosen, and the number of converters or other cable Equipment installed in your home. We also keep records of research concerning Subscriber satisfaction and usage with the Services, which are obtained from Subscriber interviews, questionnaires and usage studies. Additionally, we may have a record of whether you rent or own your Home, in the event that landlord permission is required prior to installing our cable facilities. We also maintain Subscriber correspondence (via U.S. mail, e-mail or otherwise) and, if you are a SureWest high-speed Internet Subscriber, records of violations or alleged violations of your Internet subscription Agreement and other rules and regulations governing use of the SureWest high-speed Internet Service. Finally, sometimes we may obtain from third parties publicly available information about our Subscribers that is not personally identifiable information as defined under the Cable Act.

The personally identifiable information described in the preceding paragraph is used for the following, and similar, purposes: to ensure that you are being correctly billed for your Services; to send you pertinent information about current and new SureWest Services; to improve the quality of Services; to answer questions from Subscribers, including troubleshooting; to ensure compliance with relevant law and contractual provisions; and for tax and accounting purposes. Under the Cable Act, we may collect personally identifiable information over our cable system without your consent if it is necessary to provide Services to you, or to prevent unauthorized access to Services or Subscriber data.

   9-B. Limitation on the disclosure of personally identifiable information

Personally identifiable information which we maintain related to our Subscribers will be disclosed without the prior written or electronic consent of Subscribers only if: (1) it is necessary to render, or conduct a legitimate business related to, the Services which are provided to you; or (2) such disclosure is required by law or legal process as described below. The types of persons to whom information about you may be disclosed in the course of providing Cable Service to you include the employees of SureWest and its related legal entities, agents, repair and installation subcontractors, sales representatives, accountants, billing and collection Services and credit reporting agencies, consumer and market research firms, and authorized representatives of governmental bodies. Also, upon reasonable request, personally identifiable information is disclosed to persons or entities with an equity interest in legal entities related to SureWest when they have a legal right to inspect our books and records.

Information for billing purposes is generally collected by SureWest on a monthly basis. Information for other purposes is collected as it is needed. SureWest will not sell, or otherwise make available, lists of the names and addresses of its Subscribers, or any list which identifies, by name or otherwise, individual Subscriber viewing habits, to any person, agency or entity for any purpose whatsoever, except as is permitted by law to be disclosed to authorized representatives of the Sacramento Metropolitan Cable Television Commission or the City of Roseville, or another franchise or license authority with jurisdiction, upon their request documented in writing. Further, SureWest will not tap or arrange for tapping or monitoring any cable signal, input device or Subscriber outlet or receiver for any purpose whatsoever, except that which allows SureWest to conduct performance testing and monitoring, including monitoring of the quality of its signal, and maintenance of the cable system, and to collect performance data for agencies regulating the quality of its signal, and to conduct sweeps for the purpose of verifying system integrity, controlling return path transmission, billing for Services, collecting aggregate data of viewing patterns by channel, and/ or to be able to accurately determine the compensation due to programming providers for their programming services.

   9-C. Disclosure of information to government entities and other legal process

Federal law requires us to disclose personally identifiable information to a governmental entity or other third party pursuant to a court order. If the court order is sought by a governmental entity, the Cable Act requires that you be afforded the opportunity to contest in court any claims made in support of the court order sought. At such a proceeding, the Cable Act requires the governmental entity to offer clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case. In addition, pursuant to an administrative subpoena, state welfare agencies may obtain the names and addresses of individuals as they appear in the Subscriber records of cable companies with respect to those who owe, or are owed, welfare support. Such information may be obtained without a court order, and does not require that a Subscriber be given notice of and the opportunity to contest the disclosure.

If you are a Subscriber to the SureWest high-speed data Service, the Electronic Communications Policy Act of 1986 (ECPA) requires SureWest to reveal information tothe government in certain additional circumstances. The ECPA addresses both the content of communications on SureWest facilities, as well as Subscriber record information. The ECPA requires SureWest to disclose to governmental authorities the content of communications in response to a criminal warrant or court order without any notice to you, and without your consent. In addition, under the ECPA, the government may require SureWest to disclose Subscriber record information (but not the content of communications) pursuant to a warrant, court order or subpoena without any notice to you, and without your consent. If a subpoena is served, the information that governmental officials may obtain is limited to the following: name, address, telephone number or other Subscriber number or identity, length of time the Service has been received, and the types of Services used by the Subscriber. If you subscribe to the SureWest high-speed data Service, a private party may use a subpoena under the Online Copyright Infringement Liability Act of 1998 (OCILA), or the Digital Millennium Copyright Act of 1998 (DMCA) to obtain information about you for the purpose of bringing a copyright infringement suit against the poster of online material, or to have certain online material removed from an accessible site, in some cases without any notice to you. A form of notice under the DMCA is provided separately with information on SureWest Internet service.

   9-D. Time period that we retain personally identifiable information

We maintain personally identifiable information about our Subscribers for as long as it is necessary for our business purposes. Generally, this period of time lasts as long as you are a Subscriber and up to fifteen (15) additional years so that we can comply with tax and accounting requirements.

   9-E. Your online communications on the SureWest high-speed data Service

When you use the SureWest high-speed data system to transmit information, the ECPA permits us to access such information, including the content of communications. It also permits us to disclose such information to an addressee or intended recipient (or his or her agent); to a person involved in forwarding such information to its destination; when it is necessarily incident to providing Service or to protect our rights or property; to others with the consent of the Subscriber or an addressee or intended recipient (or his or her agent); to law enforcement if such information appears to be evidence of child pornography or was inadvertently obtained and appears to pertain to a crime; or as otherwise provided by law. By agreeing to the Terms and Conditions, as a SureWest high-speed data Subscriber, you have agreed that SureWest may monitor content on the SureWest high-speed data Service and may disclose any information in its possession to protect our respective rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.

   9-F. Access to records

Under the Cable Act, you have the right to inspect our records that contain personally identifiable information about you and correct any errors in such information. If you wish to inspect our records, please notify us in writing and an appointment at our local business office during our regular business hours will be arranged promptly. The FCC also requires that cable operators maintain certain other files for public inspection. A list of such files may be found at 47 CFR § 76.1700. The files available for public inspection can be accessed on prior notice during regular business hours. Some files may be maintained in a computer database rather than in paper format. Requests for information from these files can be made to our SureWest office:

SureWest
5411 Luce Ave.
McClellan, CA 95652
Attn: VP Customer Service

   9-G. Your rights under the Cable Act

The Cable Act provides you with a cause of action for damages, attorneys' fees and costs in Federal District Court should you believe that any of the limitations on the collection, disclosure, and retention of personally identifiable information have been violated by us. The Agreement applicable to you may provide that, to the extent permitted by law, any claims that you have under the Cable Act will be decided in arbitration, and attorneys' fees and punitive damages will not be available.

   9-H.The use of polls and surveys

In order to provide better Service, SureWest may from time to time conduct polls, surveys, customer usage studies and additional research as needed. At that time of polling or surveys, SureWest provides Subscribers with explicit disclosure of the nature, purpose and prospective use of the results of any poll. At no time will personally identifiable information obtained from any poll or survey concerning individual Subscribers be given to third parties as described above, including person sponsoring the poll.

10.   LEASED ACCESS

SureWest airs programming in compliance with FCC regulations on leased access. Leased access permits members of the public to use SureWest facilities for the dissemination of certain programs or programming on terms established from time to time by SureWest. SureWest is not responsible for the nature or content of leased access programming. Programs that contain strong adult content will be scrambled to the extent permitted by law. Customers interested in viewing such programming may call and request that the signal to their residence be unscrambled for this programming. If you have questions, contact your Customer Care Representative.

11.   NOTICE

Except as provided in this Agreement or otherwise required by law, if we send you a notice, it will be considered given when deposited in the U.S. mail, addressed to you at your last known address, or hand delivered to you or to your Home. We may provide electronic or telephone notice to you, which shall be considered given when left with you. If you give notice to us, it will be deemed given when received by us.

12.    CHANGES TO POLICIES AND PRACTICES

We will notify you of changes to our policies and practices governing Cable Services. Any changes requested or proposed by you will only be effective if and when accepted in writing by one of our senior officers, in his or her sole discretion.

13.    PROCEDURE FOR RESOLVING CUSTOMER COMPLAINTS ABOUT CABLE SERVICE SIGNAL QUALITY

If you have any complaint regarding the quality of the Cable Service signal that SureWest delivers, you should contact our Customer Care Center by phone or in writing to inform us.

We will promptly try to resolve the problem. If you are dissatisfied with our resolution of the complaint, you may notify the responsible official for your community. Please refer to your Welcome Kit or your statement for the local agency's name and address, listed in your Welcome Kit – Customer Care, and on your monthly billing invoice.

14.    CUSTOMER SERVICE POLICIES/COMPLAINT PROCEDURES

Our Customer Care Walk-In Service Center office at McClellan is open for walk-in visits every weekday, excluding holidays, and the SureWest Showroom Walk-In Service Center office in Roseville is open for walk-in visits every weekday and Saturday. You may also contact our Customer Care Call Center. Our telephone number, address and hours of operation are printed in your Welcome Kit Customer Care insert and on your monthly statement.

When you call about a Service problem during normal business hours, a Customer Care Representative (CCR) will determine the nature of the problem. If possible, the CCR will help you resolve the problem over the telephone. If the problem cannot be resolved during the call, the CCR will schedule an appointment for a Service Technician to visit your home.

We maintain a local, toll-free telephone access line, which will be available to you 24 hours a day, seven days a week, every day of the year.

Emergencies that affect signal quality, such as trouble with utility poles, violent storms or very cold weather, may interfere with reception of Cable Services. We are committed to correcting outages or other Service-related problems occurring as a result of an emergency situation. We pledge a prompt response at any time a significant area of the network is experiencing technical difficulties.

Our CCRs and Service Technicians are well trained and have authority to attempt to resolve a Customer problem, including replacement of any non-operating Equipment, in order to provide quality Service.

We will maintain complaint records for at least a one (1) year period. In addition, those records will be available for inspection by the local franchise authority listed in your Welcome Kit – Customer Care, and on your monthly billing invoice, and by the FCC.

15.    BILLING POLICIES/COMPLAINT PROCEDURES

SureWest provides Services to you on a month-to-month basis. Charges for Services start upon installation. The charges for one (1) month's Service, any deposits, and any installation or Equipment-lease fees, are included in your monthly bill. After that, we will bill you each month in advance for Service and applicable taxes (except for pay-per-view movies or events, which will be billed in a succeeding month, after they are provided to you).

The bills you receive will show the total amount due and the payment due date. You agree to pay us monthly, in full, by the payment due date for those Services, for any other charges due us (including any late fees), any returned payment (e.g., disallowed credit card charges) or returned check fees, and any other separate and additional charges as described below.

We will advise you of the amount of these fees and any other similar charges at or before you subscribe to and receive our Services, prior to the time we implement or assess new fees, and in our annual mailings to you thereafter. You may avoid any such fees and charges by making sure that your payment is received by us on or before the due date on the bill. If your payment is not received by the due date on the bill, you voluntarily agree to pay the applicable late fees and/or charges as a condition of receiving our Service. Any applicable fees and/or charges will be listed on our price disclosure.

We do not anticipate that you will make partial or late payments. We do not extend credit to our Customers, and our late fees and charges do not constitute interest, a credit service charge or a finance charge. Our practices in this area may be revised from time to time to comply with applicable federal, state or local laws, rules or regulations.

Your monthly statement not only gives you a listing of your charges, payment and credits; it may also contain contact telephone numbers and addresses and special messages, such as those regarding Service or rate changes. Please take the time to read the monthly messages and to review your bill to make sure your name and address are correct. You generally will be billed at the same time each month.

You agree to pay all taxes, franchise or other fees, subsidy or support fees, and other charges, if any, which are now or may in the future be assessed on the Services you receive from us. SureWest may specifically identify each of these taxes and fees on your bill so that you will know what you pay for your Cable Service, and the separate amounts charged to cover other items, such as taxes and fees.

Subject to applicable law, your Services may be discontinued if you do not pay your bill by the due date, and we may require you to pay all past-due charges, a reconnection fee, and a minimum of one (1) month’s advance charges before we reconnect your Services. Further, if you do not reconnect, any rental Equipment must be returned to us. A handling fee may be charged for returned checks.

Please refer to the Welcome Kit we have supplied you for details and specific charges, or call your local Customer Care Center if you have questions.

The bills you receive may reflect charges for Cable Service and other SureWest Services which you receive from us. Payment of a bill for multiple Services is due in full on the indicated payment due date. Any failure to pay such a bill in its entirety when due may result in late fees and/or disconnection of Service with respect to any or all of the Services provided. In cases where disconnection of regulated Service for other nonpayment(s) is limited or prohibited, or where a procedure for disconnection of Service is established by law and/or regulation, SureWest will follow such law and/or regulation. Any partial payment of a bill for more than one Service may be allocated by us among and between such Services at our discretion, except where we are required to apply payment first to certain regulated Service(s).

If we are required to use a collection agency or attorney to collect money that you owe us or to assert any other right that we may have against you, then, subject to applicable law, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorneys' fees, court costs and other costs.

Payments received from you are considered to be voluntarily paid. SureWest will not be bound by any statement on a check or other means of Customer payment that states the payment is “payment in full” or “full settlement” or otherwise if the amount is not the full amount due as reflected in SureWest’s records.

We urge you to call our local Customer Care Center office at the phone number printed in your Welcome Kit or on your bill anytime you have a question or concern about your Service, hookup questions or problems, or any other aspect of the Service(s).

If you an unable to get a problem solved to your satisfaction at the local level, you may write the SureWest Corporate Offices with concerns and complaints.

SureWest
5411 Luce Ave
McClellan, CA 95652
Attn: VP Customer Service

In addition, if you are dissatisfied with our handling of your complaint, you may contact the appropriate local regulatory agency. The addresses of the regulatory agencies are located in the Welcome Kit. The local franchise authority is also listed on your monthly billing invoice.

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