RCN Home Networking Intallation Agreement
THIS HOME LOCAL AREA NETWORK INSTALLATION AGREEMENT (“Agreement”) is made and entered into as of the ___ day of ___________, 200_, by and between RCN Telecom Services, Inc., a Pennsylvania 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:
2. Home LAN Equipment:
3. Authorization for Installation:
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.
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.
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