This document contains the terms and conditions relating to our provision to you of our VOOM direct broadcast television services described below ("VOOM Service"). By accessing and continuing to access the VOOM Service, you agree to all of Rainbow DBS Company LLC's ("we" or "our") terms and conditions below and otherwise contained on our website at www.voom.com, including our privacy policy posted therein (this "Agreement"). If you do not agree to these terms, you are not authorized to access the VOOM Service.

IF AT ANY POINT YOU DECIDE NOT TO ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR SERVICE. YOU MAY CONTACT US BY CALLING
1.800.GET.VOOM OR BY WRITING TO Rainbow DBS Company LLC, 200 Jericho Quadrangle, Jericho, NY 11753.

1. Services Provided by Us:
(a) Generally. We provide a wide range of audio and video programming and other services, including high definition direct broadcast television and Pay Per View programming. For purposes of this Agreement, the VOOM Services shall mean the audio and/or video programming available from us and any other services we may provide to our subscribers from time to time in our sole discretion.

(b) Programming and Rate Changes by Us. All programming, program services, program packages, number of channels, channel allocations, HD channels, broadcast channels, interactive services, data offerings and other VOOM Services are subject to change from time to time at our sole discretion. We reserve the right, in our sole discretion, to change, re-arrange, add or delete the VOOM Services, including but not limited to, our programming packages, the selections in those packages, our rates, and any other service we offer, at any time. We will endeavor to notify you of any change that is within our reasonable control and its effective date. If you do not cancel your services after such notice, your continued receipt of the VOOM Service will constitute your acceptance of the change.

(c) Programming Changes by You. You may change your programming choices for the VOOM Service at any time by notifying us. A fee may apply to such changes. Any upgrades or swaps in programming must remain active on your account for a minimum of thirty (30) days. If you request a downgrade of programming less than thirty (30) days after you upgraded or swapped your existing programming to such programming, at your option, the programming may be removed immediately and you will be billed for the full thirty (30) day period, or the programming will be removed after the end of such thirty (30) day period. For any annual or other multi-month programming commitment, you may downgrade your programming effective only at the time of renewal.

(d) Ordering Pay Per View. You may order Pay Per View programming from us from time to time via the methods established by us in our sole discretion. A fee will apply to such programming, and an additional fee may apply if you use certain methods to order Pay Per View programming, in each case as determined by us. We reserve the right, in our sole discretion, to place limits on your Pay Per View spending. Such limits may be based upon, without limitation, your current outstanding account balance and your credit score.

(e) Programming Availability. Certain VOOM Services transmitted by us, including but not limited to some subscription services, sporting events and broadcast network programming, may be blacked out in your area of reception. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action. You must be at least 18 years of age, or the applicable age of majority where you reside, in order to receive adult-oriented programming services. In no event shall we be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstance beyond our reasonable control. Credit may be given for qualifying outages, as determined by us in our sole discretion.

(f) Additional Receivers. To independently tune additional televisions within your home, a separate receiver is required for each television. We will allow you to place up to five (5) additional receivers on your account. Each additional receiver would be authorized to receive the same VOOM Services as your initial receiver. We will charge you a reduced monthly fee for each additional receiver added to your account. This option is only available if your initial receiver and all additional receiver(s) are located at the same residence and are continuously connected to the same telephone line. If you desire to receive VOOM Service at two different locations, you must open a separate account for each location. You agree that you will not directly or indirectly use a single account for the purpose of authorizing VOOM Services for multiple receivers that are not all located in the same residence and connected to the same phone line.

(g) Phone Connections. Your receiver must always be directly connected to a traditional land-based telephone line to receive the VOOM Service. If it is not so connected, or if it is connected to a line other than the one you tell us, or if the line is not performing according to our requirements, the VOOM Service may be deactivated. If deactivation occurs, you will still be responsible for all services purchased through the date of deactivation. Your receiver units must also be connected to the same traditional land-based telephone line in order to be eligible to pay the additional receiver fee rather than purchase a separate subscription for each additional receiver.

(h) Additional Services. In addition to providing the general VOOM Service, we may provide e-commerce and other services as well as access to certain proprietary products of the VOOM Service. Through certain functions you may be able to subscribe to or access other services and transact other forms of electronic commerce (hereinafter, collectively "Additional Services"). You acknowledge that you may incur charges while using Additional Services or while engaging in other forms of "e-commerce" (i.e., charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings using these functions). All such charges, including applicable taxes, shall be paid by you to the providers of the applicable Additional Services and are not our responsibility.

(i) Local Stations Not Available. Channel numbers 1 through 99 are broadcast locally, not beamed from our satellite. Local channels may go off-air at certain times, the signal may be blocked by buildings or other obstacles, or the signal may be too weak to receive in your area. Inclusion of local channels in the program guides does not guarantee availability.

(j) Reception Problems in Bad Weather. Your installer will aim your satellite dish and off-air antenna to receive the maximum available signal strengths. Heavy rain, snow, and other weather conditions may degrade the strength of the signals received by the dish and antenna. In some installations this degradation may cause temporary reception problems. We are not responsible for any such degradation or signal or any such other reception problems.

2. Payment of Charges You Owe Us:
(a) General. Many different considerations affect the availability, cost, and quality of programming and the VOOM Service. Accordingly, we offer programming packages that we reserve the right to change, add or delete at any time. Your charges are a function of these offerings and the selections you make. All rates are subject to change from time to time at our sole discretion.

(b) Bills and Payments. You will be billed monthly (or on such other term basis as may be offered by us from time to time and agreed to by you) in advance for services to be received, plus pro-rata charges, if any, for periods not previously billed. You will be billed monthly (or on such other term basis as may be offered by us from time to time and agreed to by you) for Pay Per View and other services ordered, with or without your permission, where charges are based on actual usage or on orders placed during the previous month. You must pay all undisputed charges, plus applicable local, state and federal taxes and any other governmental fees or charges as itemized on the VOOM Service monthly bill by the due date set forth on your bill. We may, in our sole discretion, accept partial payments, which will be applied to the oldest outstanding bill first. You will pay your bill by check, money order, credit or debit card, electronic funds transfer (when available), or such other payment method as we may accept, in our sole discretion. No "payment in full" notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owed us.

(c) Disputed Bills. If you think your bill is incorrect, you must notify us of the disputed items on your bill within thirty (30) days of receipt, or such greater amount of time as required by law. When you write to us, please include the following information:
(i) your name and account number;
(ii) the item and dollar amount in question; and
(iii) a brief explanation of why you believe the item to be incorrect.
Failure to timely notify us of a dispute shall constitute acceptance of the bill.

(d) Failure to Pay Amounts When Due; Late Payment Fee. Failure to pay charges billed when due (including, but not limited to, for the VOOM Service or any third party charges) may result in discontinuance of service, the removal of all equipment provided by us and/or the imposition of a late payment or service charge in an amount equal to the lesser of: (i) $5.00; and (ii) the maximum amount permitted under applicable law per month or partial month until the delinquent amount is paid in full. You acknowledge that this late payment charge is reasonably related to the actual expense we incur due to the late payment. We do not extend credit to our subscribers, and the late payment charge is not interest, a credit service charge or a finance charge. You understand and agree that we may report any late payments or nonpayment to credit reporting agencies.

(e) Rejected Payment Fee. An additional charge in an amount equal to the lesser of: (i) up to $10.00; and (ii) the maximum amount permitted under applicable law, may be imposed if a check is not honored due to insufficient funds or any other method of payment is not honored, for any reason, by any bank or other financial institution.

(f) Reconnection. If your VOOM Service is terminated due to your failure to pay any amounts when due, we may require you to pay all past due charges, a non-pay disconnect fee, and a deposit in an amount we determine, in our sole discretion, before we reconnect your VOOM Services.

(g) Collection Costs. If collection activities are required in order for us to collect money you owe us, you agree to pay the reasonable costs of such collection including, but not limited to, costs of a collection agency, attorney's fees and court costs.

(h) Credit Check. You authorize us to inquire into your creditworthiness by checking with credit reporting agencies.

(i) Credit Balances. Credit balances on your account of $5.00 or less will be refunded within thirty (30) days only after your written request.

(j) Electronic Billing. If you choose electronic billing (where available), you waive any right to paper bills or notices.

(k) Multi-Month Commitments. We may, in the future, offer VOOM Services on an annual or other multi-month commitment basis. In such a case, you agree to make payment for services to be received and that are ordered by you in accordance with the terms of the applicable billing plan that you agree to. If your account for any annual or other multi-month commitment becomes past due, we may either suspend your VOOM Service or convert your account to a monthly subscription basis.

(l) Additional Fees. We reserve the right to charge you for any of the following additional "administrative" fees as are appropriate in the circumstances, in such amounts as we deem appropriate including, without limitation: (i) Access Card replacement; (ii) change of service;
(iii) overnight delivery fee; (iv) non-pay disconnect fee; (v) duplicate bill fee; and (vi) lost remote (remote will be replaced once without charge). If you lose your Access Card, we will not send you a new one until you pay the Access Card replacement fee. If your Access Card or remote are defective, you still must pay the Access Card replacement fee or lost remote charge as applicable, but such fees will be credited back to you after we receive the defective item and confirm that it is in fact defective.

3. Purchased Equipment:
(a) Generally. In order to receive the VOOM Services it will be necessary for you to purchase or lease (if available) certain reception equipment consisting primarily of a compatible satellite receiver, a satellite antenna, LNBF unit and remote control ("Equipment"). You will also be provided with a conditional access card ("Access Card") that is inserted into your satellite receiver. The Access Card remains our property, and any tampering or other unauthorized modification to the Access Card is strictly prohibited and may result in, and subject you to, legal action. You agree to return the Access Card to us upon request.

(b) Equipment Warranty. We do not make any Equipment you may use to receive or display our programming. We shall have no responsibility for the condition or repair of any Equipment provided or purchased by you. You are responsible for the repair and maintenance of Equipment provided or purchased by you. We are not responsible or liable for any loss or impairment of reception of the VOOM Service due in whole or in part to a malfunction or defect in any Equipment provided or purchased by you. If you obtain your Equipment and any repairs, parts and service from suppliers, we do not warrant these in any way whatsoever and are not in any way responsible for the statements, practices, promises, or warranties of such suppliers. You should direct any complaints about Equipment to the supplier from which you obtained the Equipment and any repairs, parts and service. Notwithstanding the foregoing, an Equipment warranty may be available to you by us, as determined by us in our sole discretion. The terms and conditions of any such warranty shall be set forth in a separate document provided by us to you. There may be an additional cost for such warranty. Opening, tampering with, making any alterations to, or removing any Equipment from its point of initial installation may void the warranty on such Equipment.

(c) Access Cards. Your Access Card will only work in the receiver to which it was assigned by us. If you report to us that your Access Card was lost, damaged, defective or stolen we will replace it, as long as there is no evidence of unauthorized tampering or modification. A replacement fee may apply. In addition, in order to minimize downtime for your Equipment, we will, upon your request, deliver a replacement Access Card to you via overnight delivery, but only after we have received any applicable fee. An additional fee may apply for overnight delivery.

(d) Unauthorized Use of Equipment. You agree that neither you nor any other person (except the VOOM Service's authorized personnel) will, absent our consent, alter, tamper with, remove, or otherwise use the Equipment so as to permit the receipt of services without authorization or the receipt of services to an unauthorized number of outlets, or to unauthorized locations.

(e) Stolen Equipment. If your Equipment is stolen or otherwise removed from your premises without your authorization, you must notify us immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of the Equipment. You will not be liable for unauthorized use after we have received your timely notification.

4. Leased Equipment:
(a) Generally. You may have the opportunity to lease Equipment from us in our sole discretion. If Equipment is leased from us, such Equipment shall at all times remain our sole and exclusive property and we will have the right, at our discretion, to replace it with new or reconditioned equipment and to remove the equipment upon termination of the VOOM Services. None of the Equipment shall become or be deemed fixtures or part of your realty. Our ownership of the equipment may be displayed by notice contained on the Equipment. You shall have no right to pledge, sell, mortgage, give away or remove, relocate, alter or tamper with the Equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return of or change in location of the Equipment shall be performed by us at the service rates in effect at the time of service. You shall not attach any electrical or other devices to or otherwise alter the Equipment without our prior written consent. We shall have the right to make such filings as are necessary to evidence our ownership rights in the Equipment, and you agree to execute any and all documents as are necessary for us to make such filings. Upon termination of VOOM Services, you must notify us to schedule the return of the Equipment. Failure to do so will result in a charge to be determined by us in our sole discretion, which amount shall be due immediately. Returning any Equipment that is not in proper working order or that is otherwise damaged (excluding ordinary wear and tear) may result in charges to be determined by us in our sole discretion.

(b) Defects in Leased Equipment. We will repair and/or replace defective Equipment leased by you (excluding the replacement of batteries) as long as such damage was not caused by misuse or other improper operations or handling by you. We are not responsible for the maintenance or repair of any equipment provided by you, including but not limited to television sets, VCR's, DVD players or other video or audio equipment, receivers, satellite dishes, antennas, remote controls, keyboards, stereos or other audio equipment or telephones. A service charge may be imposed if damage to the Equipment is due to negligent use or abuse or if no fault is discovered in the VOOM Service's system or equipment. In addition, an equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged Equipment that you lease. We make no warranties or representations, with respect to Equipment or service provided by us or with respect to the Equipment's compatibility with any equipment owned by you.

(c) Access to Subscriber Premises. You agree to provide our representatives with access at reasonable times to your premises to install, inspect, maintain and/or repair any Equipment supplied by us and, upon the termination of service, to remove the same from the premises. Our failure to remove its property shall not be deemed an abandonment thereof.

5. Reproduction of Programs; Personal Noncommercial Use Only: You agree that the programs and other services provided by the VOOM Service will be utilized solely for your personal, noncommercial use and will not be duplicated except in compliance with applicable law. You may not resell or redistribute, or charge any fee to view, any programs or other services provided by or through the VOOM Service.

6. VOOM Service's Rights:
(a) Monitoring Content. We have no obligation to monitor content or services accessible by means of the VOOM Service or any of the equipment utilized to provide such service. However, you acknowledge and agree that we have the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, or regulation, to operate its programming and data information services properly, or to protect ourselves or our Subscribers.

(b) Inappropriate Use. We shall have the right to determine in our sole discretion what constitutes an impermissible duplication, or "inappropriate" or "commercial" use, of the VOOM Service's systems, equipment and services.

7. Assignment or Transfer: This Agreement, the VOOM Service and any Equipment supplied by us are not assignable or otherwise transferable by you.

8. Changes to this Agreement: We may modify this Agreement at any time, in our sole discretion. If such a change has a material effect upon you or the VOOM Service, we will provide notice to you describing such change and its effective date. Any such notice may be sent by us to you via the US mail, and will be considered given when deposited in the US mail, addressed to you at your billing address. We may also provide you with this notice in your billing statement. Your continued use of the VOOM Service after the effective date of any such changes constitutes your agreement to such changes.

9. Termination:
(a) Generally. The VOOM Service shall continue until terminated as provided herein. We will automatically renew the VOOM Services that you subscribe to on a periodic basis, including monthly, multi-month and annual subscriptions, as applicable, unless you notify us that you wish to terminate in accordance with the provisions set forth herein.

(b) Termination of Service by Us. We may terminate the VOOM Service immediately without notice in the event that: (i) you make an assignment for the benefit of creditors or a voluntary or involuntary petition is filed by or against you under any law having for its purpose the adjudication of you as a bankrupt or the reorganization of you; (ii) you fail to pay your bill when it is due; (iii) we receive confirmation that you have received the VOOM Services, or any part thereof, without paying for them; or (iv) you otherwise violate the terms of this Agreement or any VOOM Service's rates, rules and regulations.

(c) Termination of Service by Subscriber. You shall have the right at any time to terminate the VOOM Service by giving prior notice to us. In the event you elect to terminate the VOOM Service, you will pay for the VOOM Service until the later of: (i) the end of your current billing cycle; or (ii) if you have leased your Equipment, and you fail to keep the scheduled disconnect appointment, the end of the billing cycle during the cycle in which we are able to disconnect your Equipment. If you are terminating an annual or other multi-month subscription commitment, you may be responsible for the payment of the applicable annual fee or other multi-month fee for the entire term to which you committed, or such other amount as we may determine. If you are terminating a subscription commitment that requires the payment of an early termination fee if terminated prior to the end of such commitment, you will be responsible for payment of the applicable early termination fee.

(d) Responsibility After Termination. If your VOOM Service is terminated for any reason, you are still responsible for payment of all outstanding balances accrued.

10. Disclaimer: We assume no liability for any program, services or information distributed over the VOOM Service's receiver, satellite dish and/or antenna unless produced by the VOOM Service. We shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the VOOM Service, unless such products, merchandise or prizes are provided directly by us.

11. Parental Controls: As a VOOM Service Subscriber, you can create a PIN (Personal Identification Number) and "locks" (collectively "Parental Controls") to control viewing of programming on specific channels, and/or programming with specific ratings, and/or to control Pay Per View purchasing. See the VOOM Viewer's Guide for instructions on creating Parental Controls. A PIN and locks must be created by you on each receiver to be controlled. Unless and until you establish Parental Controls on a receiver, the receiver will allow viewing and/or purchasing of any authorized programming.

(a) Channel Locks. You can use the Parental Control menus to specify channels to be locked. If you lock a specific channel(s), the PIN will be required to watch programming on the channel(s); programs on unlocked channels may be watched without entering the PIN. Information regarding the locked channel(s) will still appear throughout the system, including but not limited to program listings, program descriptions, and Pay Per View ordering information.

(b) Rating Locks. You can use the Parental Control menus to specify program ratings to be locked. If you lock a specific rating(s), the PIN will be required to watch programming with the locked rating(s); programs with milder ratings, and unrated programs, may be watched without entering the PIN. Information regarding programs with locked ratings will still appear throughout the system, including but not limited to program listings, program descriptions, and Pay Per View ordering information. Ratings are assigned by the program originator, and not all programs are rated. We cannot be responsible for the presence or accuracy of program ratings.

(c) Spending Lock. You can use the Parental Control menus to turn on the Spending Lock. If you lock spending, the PIN will be required to purchase any Pay Per View programming. You are responsible for all Pay Per View purchases made on each of your receivers regardless of whether or not the Spending Lock is turned on, and regardless of who may have entered the PIN.

(d) Accessing Locked Programming. Should you deactivate the Parental Controls feature, even for one channel or event, this may deactivate the Parental Controls feature for additional programming previously locked out. You must turn the receiver off and on again to reengage Parental Controls.

12. Television Screen Burn-In: Any still images may permanently damage your television screen if displayed for an extended period. Do not leave any still image, including VOOM menus, on the screen for more than five minutes. Never leave your television on while unattended. If a screen saver is available, setting it to the minimum setting will help reduce the risk in the event your television is left unattended. A screen saver does not guarantee protection; you acknowledge that we are not responsible for screen burn-in under any circumstance.

13. Warranty: EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT USE OF THE VOOM SERVICE, WWW.VOOM.COM, AND ALL MATERIALS (AS DEFINED BELOW) ARE AT YOUR OWN RISK, AND ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASES; THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WITH REGARD TO THE VOOM SERVICE, WWW.VOOM.COM AND ALL MATERIALS (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE); AND THAT WE DO NOT WARRANT OR REPRESENT THAT THE VOOM SERVICE, WWW.VOOM.COM OR ANY MATERIALS WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM TRANSMISSION OR RECEPTION OUTAGES, BLOCKAGES, WEAKNESSES OR STATIC; VIRUSES, WORMS, TROJANS OR OTHER MALICIOUS CODE; OR OTHER HARMFUL COMPONENTS OR EVENTS). IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

14. Limitation of Liability: UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES OR PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH THE USE OF THE VOOM SERVICE RECEIVER, SATELLITE DISH AND ANTENNA, BY YOU, THE VOOM SERVICE, ANY MATERIALS, OR ANY OTHER USE OF THE VOOM SERVICES INCLUDING WITHOUT LIMITATION, ANY DAMAGE RESULTING FROM OR ARISING OUT OF YOUR RELIANCE ON OR USE OF THE VOOM SERVICE RECEIVER, SATELLITE DISH AND ANTENNA, THE VOOM SERVICE OR ANY MATERIALS, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF THE VOOM SERVICE RECEIVER, SATELLITE DISH, AND ANTENNA, THE VOOM SERVICE, OR OTHERWISE RELATED TO THE USE, MISUSE OR INABILITY TO USE THE VOOM SERVICE, WWW.VOOM.COM OR ANY MATERIALS (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES); AND

(B) 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 USE OF THE VOOM SERVICE RECEIVER, SATELLITE DISH, ANTENNA, THE VOOM SERVICE OR ANY MATERIALS BY YOU OR A THIRD PARTY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THIS LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF US, OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION AGAINST US IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDY REGARDING ANY OF THE FOREGOING IS TO DISCONTINUE USING THE VOOM SERVICE, WWW.VOOM.COM AND ALL MATERIALS. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. Content: You acknowledge and agree that all materials, including, without limitation, content, data, software, information, accounts or descriptions, trademarks, products and services, contained on or provided through the VOOM Service ("Materials"), are protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights or laws; that except as specifically permitted by this Agreement, any use of Materials is strictly prohibited; that except if we and/or the applicable rights holder(s) give you prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any Materials. You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate your or any other party's access to all or part of the VOOM Service or any Materials, or change or discontinue any aspect or feature of the VOOM Service or any Materials (including, without limitation, discontinuing the VOOM Service in its entirety); and that, without limitation of any other provisions of this Agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the VOOM Service, Materials and this Agreement. You also acknowledge and agree that, unless we specifically provide otherwise, any content on the VOOM Service or links on www.voom.com to other sites do not imply our endorsement of such content or sites or that we have any association whatsoever with the owners or operators of such content or sites; that such content and sites are not under our control; and that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) comprising, contained in or on, or provided through such content or sites, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such content and sites.

16. Prohibited Use: You shall not use the VOOM Service receiver, satellite dish, or antenna, or the VOOM Service or any programming or program services for illegal or inappropriate activities, including but not limited to: (a) invading another person's privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable;
(b) modifying, disrupting or tampering with our equipment including but not limited to, tampering with the Access Card or any of the VOOM Services; (c) restricting, inhibiting or otherwise interfering with the ability of any other person to use or enjoy any VOOM Service; or
(d) reselling or redistributing the VOOM Service or any programming. Engaging in one or more of these activities may result in termination of this Agreement. This Section 16 shall not in any way limit our rights of termination pursuant to any other provision of this Agreement.

17. Security: You are responsible for any misuse of any equipment supplied by us, or the VOOM Service, even if the inappropriate activity was committed by a friend, family member, guest, employee or other person with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to any equipment provided by us, or the VOOM Services.

18. Privacy Policy: Please see our privacy policy (which is part of this Agreement) for a detailed outline of our privacy policies and how they affect your use of any Equipment provided by us and the VOOM Services.

19. Indemnification: You acknowledge and agree that you will indemnify and hold harmless us and our subsidiaries, successors, assigns, affiliates, licensors and suppliers, together with all of their respective officers, directors, employees and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including attorneys' fees and costs) relating to your use, misuse or inability to use the Equipment, the VOOM Service, www.voom.com or any Materials, or to your violation of this Agreement, any laws, rules or regulations, or any rights of any third parties; that we reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defenses.

20. Jurisdiction and Applicable Laws: You acknowledge and agree that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing the VOOM Service, www.voom.com, or any Material inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids this Agreement in whole or in part, then you are not authorized to access the VOOM Service, www.voom.com or any Material. You also acknowledge and agree that this Agreement (including, without limitation, with regard to us, the VOOM Service, all programming and all program suppliers) will be governed by and construed in accordance with the laws of the State of New York, excluding conflicts of law provisions; that the exclusive jurisdiction for any claim or action relating to your use, misuse or inability to use the VOOM Service or any programming, www.voom.com or any Materials, or to this Agreement, will be in the state or federal courts located in the State of New York; that you will irrevocably submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action; and that you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.

21. Modification: You acknowledge and agree that if any provision of this Agreement is held by any court or other tribunal of competent jurisdiction to be not enforceable, then such provision will be eliminated or limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect; that this Agreement constitutes the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and us, whether oral or written, relating to any subject matter of this Agreement; that this Agreement may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in this Agreement; and that anything contained on or provided through this site that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.

22. Dispute Resolution:
(a) Informal Resolution. Before either you or we institute any formal proceeding for a claim one of us may have against the other, we agree to try to resolve any such dispute informally, for at least sixty (60) days after one of us notifies the other in writing of any such claim.

(b) Arbitration. In the event any claim cannot be resolved informally, you agree that any and all disputes, claims, and causes of action arising out of or connected with this Agreement or otherwise between you and us, shall be resolved individually, without resort to any form of class action, and shall be submitted to binding arbitration in the State of New York in New York County in accordance with the commercial rules of the American Arbitration Association ("AAA") then in effect. The arbitration panel shall consist of one (1) neutral arbitrator if the amount in controversy is less than $20,000, otherwise the panel shall consist of three (3) neutral arbitrators, each an attorney with at least five (5) years of experience in the primary area of law as to which the dispute relates. The cost of the arbitration shall be borne equally by the parties, unless the arbitrator awards costs and attorney's fees to the prevailing party.

23. Entire Agreement: This Agreement constitutes the entire agreement between you and us. No undertaking, representation or warranty made by any agent or representative of the VOOM Service in connection with the sale, installation, maintenance or removal of any services relating to the VOOM equipment shall be binding on us except as expressly included herein.

Modified February 27, 2004.

Over 35 HD channels with 21 HD Originals. Over 120 channels of your favorite entertainment. Once you experience VOOM, you'll never go back to regular TV. Now just $0 upfront with free installation! (Programming charges not included.) What's more, now you get $40 off when you order VOOM online. Click for complete offer details Orbit provides safe   and  easy ordering online Lowest Prices Guaranteed 30 Day Money Back Guarantee  Privacy Statement VOOM Authorized Retailer Affiliates Program We have designed this site with both our current and prospective customers in mind. If you have any bugs, broken links to report, comments, questions or suggestions about Orbit or this web site, please feel free to send a message to the webmaster. 1988-2003, Copyright. Orbit Communication Corporation. The Orbit logo and design are registered trademark of Orbit Communication Corp. Read this Legal Stuff