The Services will commence, and billing will begin, on the date indicated in the Quote (“Commencement Date”) and will continue through the initial term listed in the Quote (“Initial Term”). We reserve the right to delay the Commencement Date until all onboarding/transition services (if any) are completed, and all deficiencies / revisions identified in the onboarding process (if any) are addressed or remediated to ThinkSpaceIT’s satisfaction.

The Services will continue through the Initial Term until terminated as provided in the Agreement, the Quote, or as indicated in this section (the “Service Term”).

Auto-Renewal. After the expiration of the initial Service Term, the Service Term will automatically renew for contiguous terms equal to the initial Service Term unless either party notifies the other of its intention to not renew the Services no less than thirty (30) days before the end of the then-current Service Term.

Return of Hardware: Within ten (10) days after being directed to do so, Client will remove, package and ship, at Client’s expense and in a commercially reasonable manner, all hardware, equipment, and accessories provided to Client by ThinkSpaceIT that were used in the provision of the Services. If you fail to timely return all equipment to us, or if the equipment is returned to us damaged (normal wear and tear excepted), then we will have the right to charge you, and you hereby agree to pay, the replacement value of all such unreturned or damaged equipment.

If you decide to use a different service provider or discontinue managed services from ThinkSpaceIT, ThinkSpaceIT will provide any documented processes, documentation, and credentials specific to your environment in the form of a PDF document (runbook) at no charge. Any additional offboarding/transition services, including but not limited to: removal of software and tools used by ThinkSpaceIT to manage your environment, transferring any services or third-party provided services to a new service provider, or offboarding meetings with a new service provider will be billed at standard hourly rates as may be adjusted from time to time and is not included with your services. Additionally, an end date must be decided upon and communicated to ThinkSpaceIT to ensure we complete all these tasks in an organized and timely manner.

The scheduling, fees and provision of the Services are based upon the following assumptions and minimum requirements:

• All network hardware supporting ThinkSpace IT systems must be genuine, licensed, and vendor supported.
• The managed environment must have a currently licensed, vendor-supported server-based backup solution that can be monitored. Your failure to obtain and implement monitored backup solution may result in the loss of data and downtime for which ThinkSpace IT shall be held harmless.
• All wireless data traffic in the managed environment must be securely encrypted.
• All network hardware supporting ThinkSpace IT systems must be connected to working UPS devices.
• Any costs required to bring the Environment up to these minimum standards are not included in this Services Guide.

Exclusions. Services that are not expressly described in the Quote will be out of scope and will not be provided to Client unless otherwise agreed, in writing, by ThinkSpaceIT. Without limiting the foregoing, the following services are expressly excluded, and if required to be performed, must be agreed upon by ThinkSpaceIT in writing:

➤ Customization of third-party applications, or programming of any kind.
➤ Support for operating systems, applications, or hardware no longer supported by the manufacturer.
➤ Data/voice wiring or cabling services of any kind.
➤ Battery backup replacement.
➤ Equipment relocation.
➤ The cost to bring the environment up to these minimum requirements (unless otherwise noted in the Quote).
➤ The cost of repairs to hardware or any supported equipment or software, or the costs to acquire parts or equipment, or shipping charges of any kind.
➤ Disasters: Recovering and rebuilding after floods, fires, earthquakes, pipe leaks, power surges/failures, etc.

Response, repair, and/or remediation services (as applicable) will be provided only during our business hours (currently M-F, 7 AM – 7 PM Central Time, excluding legal holidays and ThinkSpaceIT – observed holidays as listed below), unless otherwise specifically stated in the Quote or as otherwise described below.

We will respond to problems, errors, or interruptions in the provision of the Services during business hours in the timeframe(s) described below. Severity levels will be determined by ThinkSpaceIT in our discretion after consulting with the Client. All remediation services will initially be attempted remotely; ThinkSpaceIT will provide onsite service only if remote remediation is ineffective and, under all circumstances, only if covered under the Service plan selected by Client.

Critical / Service Not Available (e.g., all users and functions unavailable)
Response within one (1) business hours after notification.

Significant Degradation (e.g., large number of users or business critical functions affected)
Response within one (1) business hours after notification.

Limited Degradation (e.g., limited number of users or functions affected, business process can continue).
Response within two (2) business hours after notification.

Small Service Degradation (e.g., business process can continue, one user affected).
Response within two (2) business hours after notification.

Long Term Project, Preventative Maintenance
Response within two (2) business hours after notification.

* All time frames are calculated as of the time that ThinkSpaceIT is notified of the applicable issue / problem by Client through ThinkSpaceIT’s designated support portal, help desk, or by telephone at the telephone number listed in the Quote. Notifications received in any manner other than described herein may result in a delay in the provision of remediation efforts.

Support During Off-Hours/Non-Business Hours: Technical support provided outside of our normal business hours is offered on a case-by-case basis and is subject to technician availability. If ThinkSpaceIT agrees to provide off-hours/non-business hours support (“Non-Business Hour Support”), then that support will be provided on a time and materials basis (which is not covered under any Service plan), and will be billed to Client at the following increased hourly rates:

• Project Professional Level 1: 2x normal rate
• Project Professional Advanced: 2x normal rate
• Support Technician, Level 1: 2x normal rate
• Support Technician, Senior: 2x normal rate

All hourly services are billed in 15-minute increments, and partial increments are rounded to the next highest increment. A one (1) hour minimum applies to all Non-Business Hour Support.

ThinkSpaceIT – Observed Holidays: ThinkSpaceIT observes the following holidays:

•  New Year’s Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• The day following Thanksgiving Day
• Christmas Eve
• Christmas Day

The fees for the Services will be as indicated in the Quote.

Changes to Environment. Initially, you will be charged the monthly fees indicated in the Quote. Thereafter, if the managed environment changes, or if the number of authorized users accessing the managed environment changes, then you agree that the fees will be automatically and immediately modified to accommodate those changes.

Minimum Monthly Fees. The initial Fees indicated in Quote are the minimum monthly fees (“MMF”) that will be charged to you during the term. You agree that the amounts paid by you under the Quote will not drop below the MMF regardless of the number of users or devices to which the Services are directed or applied, unless we agree to the reduction. All modifications to the amount of hardware, devices, or authorized users under the Quote (as applicable) must be in writing and accepted by both parties.

Increases. In addition, we reserve the right to increase our monthly recurring fees and, if applicable, our data recovery-related fees; provided, however, if an increase is more than five percent (5%) of the fees charged for the Services in the prior calendar year, then you will be provided with a sixty (60) day opportunity to terminate the Services by providing us with written notice of termination. You will be responsible for the payment of all fees that accrue up to the termination date and all pre-approved, non-mitigatable expenses that we incurred in our
provision of the Services through the date of termination. Your continued acceptance or use of the Services after this sixty (60) day period will indicate your acceptance of the increased fees.

In addition to the foregoing, we reserve the right to pass through to you any increases in the costs and/or fees charged by third party providers for the third-party services (“Pass Through Increases”). Since we do not control third party providers, we cannot predict whether Pass Through Increases will occur, however, should they occur, we will endeavor to provide you with as much advance notice as reasonably possible.

Pass Through Increases are independent of any increases to our monthly recurring fees and will not be included in the five percent calculation described in the paragraph above.

Travel Time. If onsite services are provided, we will travel up to 30 minutes from our office to your location at no charge. Time spent traveling beyond 30 minutes (e.g., locations that are beyond 30 minutes from our office, occasions on which traffic conditions extend our drive time beyond 30 minutes one-way, etc.) will be billed to you at our then current hourly rates. In addition, you will be billed for all tolls, parking fees, and related expenses that we incur if we provide onsite services to you.

Appointment Cancellations. You may cancel or reschedule any appointment with us at no charge by providing us with notice of cancellation at least one business day in advance. If we do not receive timely a notice of cancellation/re-scheduling, or if you are not present at the scheduled time or if we are otherwise denied access to your premises at a pre-scheduled appointment time, then you agree to pay us a cancellation fee equal to two (2) hours of our normal consulting time (or non-business hours consulting time, whichever is appropriate), calculated at our then-current hourly rates.

Automated Payment. You may pay your invoices by credit card and/or by ACH, as described below. If you authorize payment by credit card and ACH, then the ACH payment method will be attempted first. If that attempt fails for any reason, then we will process payment using your designated credit card.

• ACH. When enrolled in an ACH payment processing method, you authorize us to electronically debit your designated checking or savings account, as defined and configured by you in our payment portal, for any payments due under the Quote. This authorization will continue until otherwise terminated in writing by you. We will apply a $35.00 service charge to your account for any electronic debit that is returned unpaid due to insufficient funds or due to your bank’s electronic draft restrictions.
• Credit Card. When enrolled in a credit card payment processing method, you authorize us to charge your credit card, as designated by you in our payment portal, for any payments due under the Quote. We reserve the right to charge you a convenience fee for payments made by credit card of up to 4% of the payment due or the amount that we are charged to accept your credit card transaction, whichever is less.
• Check. You may pay by check provided that your check is delivered to us prior to the commencement of Services. Checks that are returned to us as incorrect, incomplete, or “not sufficient funds” will be subject to a $50 administration fee and any applicable fees charged to us by your bank or financial institution.

a. Eligibility and Age Limitations. Only residents of approved MDU sites who have contracts with SIPspace are eligible to register for services. The Services are provided to residents for their personal, noncommercial use only.

b. Registration and Access. Only residents that have signed a valid lease with approved MDU sites, provide certain information (e.g., a valid email address), and agree to this Agreement are eligible to use the relevant Services. You are solely responsible for maintaining the confidentiality and security of your email address and password and for all activities that occur on or through your account. However, if you allow others to access your account, this Agreement, as well any specific consents you may have provided to us, also applies to their access, use, and disclosure of information. You agree to immediately notify us of any unauthorized access to your account. We will not be responsible for any losses arising from the unauthorized use of your account. 

c. Notices. Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services. For clarity, you consent to receive electronic communications from the Services you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

a. Service Tier and Other Offerings. When purchasing your subscription to the Services, you may be presented with different plans or options (each a “Service Tier”). Different Service Tiers or other offerings may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and device availability.

b. Subscription Billing and Auto-Renewal. Your subscription to the Services includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. For purposes of this Agreement, a “day” or “date” begins at 12:00 a.m. Central Standard time and ends at 11:59 p.m. Central Standard time of that same calendar day. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including (i) if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), or (ii) due to free trials and other promotional offers, credits applied, or changes in your subscription or payment method. We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.

c. Free Trials and Promotions. Your subscription to the Services may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Eligibility for free trials may vary based on factors including the Service Tier selected, how recently you redeemed a free trial, and whether the Service Tier is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular jurisdictions or instances. We may also offer, in our sole discretion, promotions (e.g., a promotional price, bundled subscription, device-specific offer or gift card) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.

e. Cancellation and Refund Policy. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME BEFORE THE END OF THE CURRENT BILLING PERIOD, FREE TRIAL OR PROMOTION. CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT BILLING PERIOD UNLESS OTHERWISE DISCLOSED. IF YOU CANCEL, YOU WILL CONTINUE TO HAVE ACCESS TO THE SERVICE THROUGH THE END OF YOUR CURRENT BILLING PERIOD, UNLESS YOU ARE SUBSCRIBED THROUGH A FREE TRIAL, PROMOTIONAL CODE OR OTHER CREDIT, IN WHICH CASE CANCELLATION MAY BE EFFECTIVE IMMEDIATELY. IF YOU MODIFY YOUR SUBSCRIPTION TO SWITCH FROM ONE SERVICE TO ANOTHER SERVICE DURING YOUR BILLING PERIOD, YOU MAY NOT HAVE CONTINUED ACCESS TO YOUR ORIGINAL SERVICE. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO 11:59 P.M. CENTRAL STANDARD TIME ON THE DAY BEFORE YOUR NEXT RECURRING BILLING DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT BILLING PERIOD. WE DO NOT REFUND OR CREDIT FOR PARTIALLY USED BILLING PERIODS, ALTHOUGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE AND ABSOLUTE DISCRETION. IF YOU CANCEL, IF YOUR SUBSCRIPTION IS CANCELLED DUE TO FAILED ATTEMPTS TO CHARGE YOUR PAYMENT METHOD, OR IF YOU SWITCH YOUR BILLING TO A THIRD-PARTY, YOU WILL FORFEIT ANY SERVICE, REFERRAL, OR REDEEMED GIFT CARD CREDITS. TO CANCEL YOUR SUBSCRIPTION TO THE SERVICES, LOG INTO YOUR SIPSPACE ACCOUNT AND FOLLOW THE INSTRUCTIONS ON YOUR ACCOUNT PAGE.

f. Reconnect Fee(s). If service is disconnected due to non-payment, end user request, etc., services may be reconnected and will incur a charge of $40/reconnect request.

g. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Services. You authorize us to continue to charge your card using the updated information. In the event of a failed attempt to charge to your payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

h. Account Sharing. You may not share your subscription outside of your household. “Household” means the collection of devices associated with your primary personal residence that are used by the individuals who reside therein.

We may, in our sole discretion, analyze the use of your account to determine compliance with this Agreement. If we determine, in our sole discretion, that you have violated this Agreement, we may limit or terminate access to the Service and/or take any other steps as permitted by this Agreement (including those set forth in Section 6 of this Agreement).

You will be responsible for any use of your account by your household, including compliance with this section.

i. Linked Destinations and Advertising. If we provide links or pointers to other websites or destinations, you should not infer or assume that we operate, control, or are otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. This Agreement does not govern your use of another website or destination.

We are not responsible for the content or practices of any website or destination other than the SIPspace site. By using the Services, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the SIPspace site.

j. Third Party Ads and Services. We take no responsibility for and do not endorse any third-party advertisements or any third-party material posted where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, we are not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

a. Compatible Devices and Software. Use of the Services requires compatible devices, and certain software may require periodic updates, and your use of the Services may be affected by the performance of these elements. You can access the Content with almost any Internet-connected Google Home, Roku device or smart TV, or Amazon device or smart TV. You are responsible for understanding and complying with any limitations on the use of Compatible Devices. Additionally, certain components of the Services or Service Tiers may only be compatible with a subset of Compatible Devices or require download of certain software, even if other aspects of the Services can be accessed on any Compatible Device. For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Center. You can add a Compatible Device to your SIPspace account by downloading the Real Choice application to the Compatible Device and by signing into your Real Choice account through the application.

b. Streaming Content. The Content can be streamed through the Services over an active Internet connection. The number of concurrent streams available for use may be subject to limitations by Service Tier, and such limitations may change from time to time at our discretion and may require device and account verification. Please visit our Help Center for more information on the number of concurrent streams permitted based on your Service Tier. Additionally, we may offer the opportunity to stream Content outside of the Real Choice application, subject to different features and functionality, usage rules, and device compatibility.

c. Content Availability. The Services are not available to subscribers outside of the United States, and the content that we make available may be limited by law or by the rights that certain of our third-party content providers grant to us. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription. Access to the Services from locations where we do not have rights, that are not offered on your Service Tier, or where we do not make the Services available is prohibited. Certain Content available through the Services may not be available in all territories within the United States. Certain live Content, including sporting events, may be unavailable due to your location, blackouts, or device-specific restrictions set by sports leagues and other parties that control Content rights. For example, your access to regional sports networks, if any, will be determined by your Home (as defined below), even if you access the Services from outside your Home. Similarly, if you are in a home television territory of a team participating in a game, then the game may be blacked-out for viewing or live viewing as part of your Live TV Service subscription (or other applicable third-party service). Moreover, your access to live Content from local affiliates, if any, will depend on the location of your device at the time you access the Services. The geographic restrictions and blackouts referenced in this paragraph will be enforced according to the location from which you are accessing the applicable Service Tier or third-party services, and we may use different technologies and methods to verify your location. You may be required to enable location access on your device in order to access certain Content.

d. Cloud DVR. The Next Gen Cable TV service may provide the ability to record live TV Content to your cloud DVR. SIPspace may limit storage capacity and the amount of time such recordings can be stored on your cloud DVR and available to you. If your subscription – or your access to any of the Content or networks/channels included in your subscription – is cancelled, suspended, interrupted, or otherwise discontinued, you may lose access to previously-made recordings, even if your subscription or that access resumes or is reinstated. Unfortunately, SIPspace is unable to guarantee error-free recording, storage, or playback. Other than your usage of the cloud DVR made available to you by SIPspace, you may not record, copy, store, or redistribute any Content. You may only use your cloud DVR to the extent permissible under copyright and other applicable laws.

e. Future Unavailability. It is possible that the Services and/or some or all Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. We will take reasonable efforts to provide you with as much prior notice as possible; however, we shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Services. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Services, although if you are a subscriber and we suspend or discontinue your subscription to the Services, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of this Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.

f. Promotional and Experimental Features. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Services, including promotions, features, advertisements, user interfaces, plans and pricing. You acknowledge that these are implemented in our sole discretion, may be subject to additional terms, and may not apply to every subscriber.

g. MDU Wi-Fi Fair Play Policy

Clients are permitted to use their own Access Point (AP) units, subject to the following conditions and limitations:

• In order to ensure all residents have access to a sufficiently clear frequency range, free from interference, residents are required to adhere to the following channel restrictions:
• 2.4 GHz Band: The maximum allowable channel width is 20 MHz. This limitation is designed to facilitate the connection of numerous Internet of Things (IoT) and legacy devices, while minimizing interference and promoting fair use of the network.
• 5 GHz Band: The maximum allowable channel width is 40-80 MHz. This enables the connection of multiple devices with limited interference and ensures equitable use of the available spectrum. It is important to note that the use of a 160 MHz channel width will cause significant congestion on the frequency, which may, in some cases, render it unusable for other users.

Remediation and Termination: Failure to comply with this policy can/will result in temporary reduction in speed until resident is compliant.  Continued failure to comply with this policy will result in termination of service.

You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services, and to any Content if we believe you are using or have used the Services in violation of this Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your SIPspace account for cause, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your account has been created fraudulently, your account has been accessed fraudulently, or anyone uses your account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto.

You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your SIPspace account or the Content.

We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.

Our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party.

UPON TERMINATION OF YOUR SIPSPACE ACCOUNT, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL LOSE THE RIGHT TO ACCESS STREAMED OR DOWNLOADED CONTENT THROUGH THE SERVICES.

Introduction

ThinkSpace ISP, LLC (“ThinkSpace ISP,” “we” or “us”) respects your privacy. This Privacy Policy explains the collection, use, and sharing of information from or about you in connection with your use of the ThinkSpace ISP Services. The term “ThinkSpace ISP Services” refers to our video service, including the selection of television shows, clips, movies, and other content we offer (collectively, the “Content”) and our player for viewing the Content (the “Video Player”), as well as any other products, features, tools, materials, or other services offered from time to time by ThinkSpace ISP through a variety of Access Points. The term “Access Points” refers to, collectively, the ThinkSpaceISP.com website (the “ThinkSpace ISP Site”), applications, and other places through which the ThinkSpace ISP Services may be accessed, including websites and applications of ThinkSpace ISP’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.

By viewing any Content or otherwise using the ThinkSpace ISP Services, whether you are a subscriber, other registered user, or a visitor who has not subscribed to or registered for the ThinkSpace ISP Services, you consent to the collection and use of information from or about you as explained in this Privacy Policy. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the ThinkSpace ISP Services.

Please note that the website addresses (i.e., URLs) included within this Privacy Policy may not function as hyperlinks on all the Access Points. To view this Privacy Policy with clickable hyperlinks, please visit the ThinkSpace ISP Site on your computer.

Information We Collect

ThinkSpace ISP may collect the following information from or about you:

Information You Provide To Us. We collect information you provide to us. For instance, when you register to use the ThinkSpace ISP Services, we may collect your name, email address, birth date, gender, credit card information, billing address, ZIP code, and other information. In addition, ThinkSpace ISP may collect information you provide to us when you respond to surveys, set your preferences, contact ThinkSpace ISP through customer service or by other means, or participate in promotions that ThinkSpace ISP may offer from time to time. ThinkSpace ISP also allows multiple profiles to be set up under one account, so we may collect information you provide to us if you create a profile.

Usage and Log Data. We collect information when you use the ThinkSpace ISP Services or view ThinkSpace ISP advertising outside of the ThinkSpace ISP Services. Examples of this information may include your IP address, device, browser and software characteristics (such as type and operating system), location (which may include precise location data), activity on the ThinkSpace ISP Services including information about the videos you view on ThinkSpace ISP (e.g., show titles and episode names), page views, ad data, referral URLs, network state, device identifiers or other unique identifiers such as advertising identifiers (e.g., “ad-ID” or “IDFA”) and identifiers associated with browser cookies (see our description of “Cookies and Local Storage” below), and carrier information.

Data Collected Through Cookies and Similar Technologies. Like many online services, we use various technologies to collect usage data and store preferences. These technologies are discussed below.

• Cookies and Local Storage. One technology we use is called a cookie. A cookie is a small data file that is transferred to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with the ThinkSpace ISP Services or ThinkSpace ISP advertising published outside of the ThinkSpace ISP Services, to monitor aggregate usage by our users and web traffic routing on the ThinkSpace ISP Services, and to customize Content and advertising. These uses allow us to improve the ThinkSpace ISP Services. We may create a unique device or user ID for you and store it in a cookie so we can customize your experience based on your preferences. We may collect information through other kinds of local storage (also referred to as “Flash cookies”) and HTML5 local storage, including in connection with features such as volume/mute settings for the Video Player. Because these technologies are similar to browser cookies, they are sometimes called “browser cookies,” even though they may be stored in different parts of your computer. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. For information about disabling cookies or deleting information contained in Flash cookies, please visit Adobe.com Manage, disable Local Shared Objects. Please note that disabling cookies or deleting information contained in cookies or Flash cookies may interfere with the performance and features of the ThinkSpace ISP Services, including the Video Player. For example, we may not be able to store your preferences or login information or customize the Content and advertising to your viewing habits.
• Web Beacons or Pixels. In addition to cookies, we may use other technologies such as web beacons or pixel tags, which can be embedded in web pages, videos, or emails, to collect certain types of information from your browser or device, check whether you have viewed a particular web page, ad, or email message, and determine, among other things, the time and date on which you viewed the Content, the IP address of your computer, and the URL of the web page from which the Content was viewed.
• Mobile Device Identifiers and Software Development Kits (“SDKs”). We may use or work with third parties including our business partners and service providers who use mobile SDKs to collect information, such as advertising identifiers (e.g., “ad-ID” or “IDFA”) and information related to how mobile devices interact with the ThinkSpace ISP Services. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented. A mobile SDK is in effect the mobile app version of a pixel tag or beacon. We may use this technology, for instance, to analyze how you interact with Content and advertisements and to enable analytics or other features through mobile devices.

The use of these various technologies in connection with advertising on the ThinkSpace ISP Services is explained further below. To learn about opting out of interest-based or online behavioral advertising, please see the information we have provided in Section 7 (“Your Choices, Including Opt-Out Options”).

Account and Profile Data from Third-Party Services. If you choose to log-in, access or otherwise connect to the ThinkSpace ISP Services, or contact ThinkSpace ISP, through a third-party service (such as Facebook), we may, for example, collect your user ID and user name associated with that service, as well as any information you make public using that service. We may also collect information you have authorized the service to share with us (such as your user ID, billing information, public profile information, email address, birthday, friends list, pages you have “liked” and other account and profile data).

Third-Party Data. We may collect information about you from other sources, such as data aggregators, public databases, and our business partners. Examples of this may include information (whether identified, de-identified or anonymous, and whether collected online or offline) about your interests, demographic data, purchasing behavior, and your activities online (such as websites visited and advertisements viewed).

We may combine the information we collect from or about you and use it in the manner described in this Privacy Policy or as otherwise permitted by law.

Use of Information We Collect

Use in General. We use the information we collect from or about you in order to help deliver a first-class user experience. Our use of this information may include the following:

• providing the ThinkSpace ISP Services;
• contacting you, including for promotional purposes;
• customizing the Content and advertising you view and evaluating how well the Content and advertising perform;
• identifying Content you share;
• customizing recommendations;
• conducting research;
• compiling aggregate data for internal and external business purposes;
• preventing potentially illegal or harmful activities, including fraud;
• protecting your and our rights;
• other uses in accordance with our Terms of Use; and
• any other purpose that is disclosed to you at the time we collect the information or that is related to a request made by you.

Use of Payment Information. We use payment information, such as credit card numbers and billing ZIP code, to help provide the ThinkSpace ISP Services. For example, we use payment information to process payments from a subscriber (we use a third-party payment processor to do this), to retrieve account information for a subscriber, to determine whether a subscriber is eligible for promotions, and to detect abuse of the ThinkSpace ISP Services.

Use of Precise Location Data. In order to access certain ThinkSpace ISP Services from your mobile device, you may be required to share your device’s precise location data (e.g., latitude and longitude) with us. In addition to providing you with certain ThinkSpace ISP Services, this also enables us to serve you Content related to your local area such as news and sports, depending on your subscription. This data may also be used to tailor advertising to you based on your location. To learn more about your choices with respect to our collection and use of precise location data, please see the information we have provided in Section 7 (“Your Choices, Including Opt-Out Options”).

Use of Aggregate or De-Identified Information. In addition to the individual data use described in this Privacy Policy, we may aggregate information about you and other individuals together, or otherwise “de-identify” the information about you (which means that the information does not identify you personally).

We may use information in these forms for any legitimate business purpose, including for research and analysis, administration of the ThinkSpace ISP Services, advertising (e.g., improving our targeting efforts), and promotional purposes.

Sharing Information with Third Parties

We may share information collected from or about you with third parties as explained further below, including business partners, social networking services, service providers, advertisers, and other companies that are not affiliated with ThinkSpace ISP.

Business Partners. We work with a number of business partners who help us offer the ThinkSpace ISP Services, including, for example, our content programmers, distributors, and corporate owners. We may share information collected from or about you with such business partners.

Social Networking Services. When you choose to share information with social networking services about your activities on the ThinkSpace ISP Services, including shows you watch or like on ThinkSpace ISP, information about you and your activities will be shared with that social network.

• Sharing with Facebook. In addition to ThinkSpace ISP collecting certain information from Facebook (as described in Section 2 (“Information We Collect”), if you connect your ThinkSpace ISP and Facebook accounts, you may choose to share information about your activities on the ThinkSpace ISP Services with Facebook and its users, including publishing shows you watch to Facebook. If you visit ThinkSpace ISP while logged into Facebook, then Facebook may be able to identify your browser and associate the technical information provided by your web browser with other information that Facebook already has about you. In addition, when you choose to share information about your activities on the ThinkSpace ISP Services with Facebook, ThinkSpace ISP may send information about you to Facebook. Facebook may make that information visible to Facebook users in accordance with applicable law, Facebook’s data policy, and your Facebook privacy settings. We recommend that you familiarize yourself with Facebook’s data policy and privacy controls.

Service Providers. We may share the information collected from or about you with companies that provide services to us and our business partners, including companies that assist with payment processing, analytics, data processing and management (e.g., to facilitate our targeted advertising and marketing efforts), account management, hosting, customer and technical support, marketing (e.g., email, online or direct mail communications) and other services.

• Your Browsers and Devices. We may work with service providers who use information collected from or about you to help us identify the browsers and devices you use for various purposes, including for targeted advertising, analytics, attribution, and measurement purposes. For example, these service providers (along with ThinkSpace ISP) may use your activity on one browser or device to serve you with more tailored advertising on another browser or device. In connection with your use of browsers and devices, please note that certain opt out choices you have as described in Section 7 (“Your Choices, Including Opt-Out Options”) apply only to the specific browser or device from which you opt out.

Advertisers and Advertising-Related Service Providers. We may share the information collected from or about you in encrypted, aggregated, or de-identified forms with advertisers and service providers that perform advertising-related services for us and our business partners in order to tailor advertisements, measure and improve advertising effectiveness, and enable other enhancements. This information includes your use of the ThinkSpace ISP Services, websites you visited, advertisements you viewed, and your other activities online.

Audience Measurement Providers. Our business partners, such as content programmers, as well as our advertisers, seek to measure the performance of their creative material across many platforms, including the ThinkSpace ISP Services. Accordingly, ThinkSpace ISP may permit the use of third-party measurement software that enables third parties (such as Nielsen) to include your viewing on the ThinkSpace ISP Services in calculating measurement statistics such as TV Ratings. To learn more about your choices with respect to Nielsen measurement software, please see the information we have provided in Section 7 (“Your Choices, Including Opt-Out Options”).

Third Parties When Required By Law or When Necessary to Protect Your or Our Rights. In some instances, we may disclose information from or about you without providing you a choice. For example, we may disclose your information in the following ways: to protect the legal rights of ThinkSpace ISP and our affiliates or partners, and each of our respective equity holders, directors, officers, employees, agents, and business partners; to protect the safety and security of users of the ThinkSpace ISP Services or third parties; to enforce our Terms of Use; to protect against fraud; for risk management purposes; and to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by ThinkSpace ISP or another user of the ThinkSpace ISP Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint.

Third Parties in Connection with Certain Transactions. If we sell all or part of our business, make a transfer of assets, or otherwise might be involved in a change of control transaction, or in the event of bankruptcy, we may transfer information from or about you to one or more third parties as part of the transaction, including the due diligence process.

Parties with Your Consent or When You Otherwise Choose to Share. In addition to the sharing described in this Privacy Policy, we may share any information from or about you with any party when we have your consent or when you otherwise choose to share such information, including as set forth below in Section 5 (“Sharing What You Watch”).

Also, certain functions within the ThinkSpace ISP Services may give you the option to share information about your activities on the ThinkSpace ISP Services, for example, by email, text message, social networking, or other sharing function.

Sharing What You Watch

We may ask for your consent to ThinkSpace ISP sharing information about the videos you view on ThinkSpace ISP (e.g., show titles and episode names) (“Viewing Information”) together with your personal information that we may collect (e.g., name, address, email address, and precise location data) with our content programmers, service providers, and other third parties set forth in Section 4 (“Sharing Information with Third Parties”). This information may help ThinkSpace ISP or these third parties personalize your experience by providing you with more tailored content, features, and ads on ThinkSpace ISP as well as on other platforms and services. Please note that we request consent on a per-profile basis (i.e., for each profile) and therefore the consent provided for one profile does not apply to the consent of any other profile associated with the account. To learn how to view or change your consent preference, please see the information we have provided in Section 7 (“Your Choices, Including Opt-Out Options”). For clarity, even if you have not consented to ThinkSpace ISP sharing Viewing Information together with your personal information, we may still share information collected from or about you as otherwise permitted in this Privacy Policy.

For example, we may still share Viewing Information together with account or device information that does not personally identify you (such as IP address and advertising identifiers).

Advertising

We advertise ThinkSpace ISP both on the ThinkSpace ISP Services as well as on other platforms and services. We also display advertisements from other companies on the ThinkSpace ISP Services, often enabling users to interact with the advertisements or click through to websites or other properties owned or operated by other companies. This section provides additional information about the collection and use of information from or about you in connection with such advertising.

Use of Cookies and Similar Technology in Third-Party Advertising. Advertisers, advertising technology companies, and service providers that perform advertising-related services for ThinkSpace ISP and our business partners may use cookies and similar technologies (including for example those described in Section 2 (“Information We Collect”)) to collect information from or about you through the ThinkSpace ISP Services in order to tailor advertisements, measure advertising effectiveness, and enable other enhancements. This information may relate to your use of the ThinkSpace ISP Services, websites you visited, advertisements you viewed, and your other activities online. Advertising that is based on information collected from or about you across websites, applications and other platforms over time is known as interest-based or online behavioral advertising.

Viewing Ads. When you view an advertisement, whether or not you click on it, or when you interact with an advertisement, the advertiser, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may collect some information from or about you. The information practices of these third parties are governed by their own privacy policies and are not governed by this Privacy Policy. Please be aware that ThinkSpace ISP does not notify you when you have chosen to click through to another website or property when using the ThinkSpace ISP Services. We recommend that you familiarize yourself with the privacy policies of such websites or properties to determine how they use or share any information they separately collect from you.

To learn about opting out of interest-based or online behavioral advertising, please see the information we have provided in Section 7 (“Your Choices, Including Opt-Out Options”).

Your Choices, Including Opt-Out Options

You have the following choices regarding how we and third parties use certain information collected from or about you. ThinkSpace ISP is committed to complying with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising and the DAA Application of Self-Regulatory Principles for the Mobile Environment.

• Opt-Out from Promotional Communications.
  • You may opt out of receiving promotional communications from ThinkSpace ISP by accessing your account and clicking on “Manage Email Notifications.” You may also opt out of certain promotional communications by clicking the “unsubscribe” link in a particular promotional communication. Please note that you cannot opt out from receiving all communications from ThinkSpace ISP, including administrative messages, service announcements, and messages regarding the terms and conditions of your account because those may contain important information.
  • You can choose to receive push notifications from ThinkSpace ISP on your device. If you do not wish to receive push notifications, you can use your device’s settings to turn them off.
• Opt-Out from Nielsen Measurement.
  • The ThinkSpace ISP Services may feature Nielsen proprietary measurement software, which will enable you to contribute to market research, such as Nielsen TV Ratings. To learn more about the information that Nielsen software may collect, please see the Nielsen Digital Measurement Privacy Policy at http://www.nielsen.com/digitalprivacy. In it you will find information about your choices with regard to Nielsen measurement software on the ThinkSpace ISP Site. For your choices with regard to Nielsen measurement software on our mobile application, please visit “About Nielsen Measurement” in our mobile application’s settings. We may also feature Nielsen measurement software such as Nielsen Digital Ad Ratings (DAR) when you stream ThinkSpace ISP on your television through streaming media players, smart TVs, Chromecast, Blu-ray players, gaming consoles and similar devices (collectively, “Living Room Devices”). Nielsen DAR on Living Room Devices allows Nielsen to measure the performance of ad campaigns viewed by our registered users. For your choices with regard to Nielsen DAR when you use ThinkSpace ISP on a Living Room Device, please visit the ThinkSpace ISP Site on your computer and click “Manage Nielsen Measurement” on the “Your Account” page.
• Opt-Out Options for Third-Party Online Behavioral or Interest-Based Advertising on Websites (including Mobile Websites).
  • Some of the third parties that collect information from or about you on the ThinkSpace ISP Services in order to provide more relevant advertising to you on websites participate in the DAA Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more and to make choices about the use of your information for online behavioral advertising on websites, please visit the Digital Advertising Alliance WebChoices tool. Please note that if you opt out of online behavioral advertising using this method, this opt-out will only apply to the specific browser or device from which you opt out.
  • In addition, some of the advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may be members of the Network Advertising Initiative (“NAI”), a cooperative of online marketing companies that offers a centralized tool for opting out of interest-based advertising delivered by each of its member companies. If you would like to obtain more information about interest-based advertising and the NAI and make choices about their members’ use of information from or about you on websites, please visit the NAI’s opt-out of interest-based advertising page. Please note that if you opt out of interest-based advertising using this method, this opt-out will only apply to the specific browser or device from which you opt out.
  • ThinkSpace ISP also offers its users the ability to make choices about the use of their information for ad targeting on websites. To learn more and exercise your opt-out choices on ThinkSpace ISP, please visit the “About Ads” link at the bottom of the ThinkSpace ISP Site.
  • There is currently no consensus among industry participants as to what “Do Not Track” means and how to respond to “Do Not Track” browser signals. As such, we do not respond to such signals. Instead, to opt-out of website-based third-party interest-based or online behavioral advertising, please exercise one of the choices listed above.
• Opt-Out Options for Third-Party Online Behavioral or Interest-Based Advertising within Mobile Applications.
  • Some of the third parties that collect information from or about you on the ThinkSpace ISP Services in order to provide more relevant advertising to you within mobile applications participate in the DAA Self-Regulatory Program for Online Behavioral Advertising. This program offers a mobile application called the “AppChoices,” which provides a centralized location where users can make choices about the use of their information for online behavioral advertising within the mobile application environment. The AppChoices application can be downloaded from your mobile device at www.aboutads.info/appchoices or from your device’s app store. Please note that if you opt out of online behavioral advertising using this method, this opt-out will only apply to your mobile device.
  • On your mobile device, you may also go to your device settings and select “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices), which will allow you to limit our use of information collected from or about your mobile device (such as precise location data) for the purposes of serving online behavioral advertising to you.
• Opt-Out from Collection of Precise Location Data from Your Mobile Device
  • You can opt out of our collection of precise location data from your mobile device in your device settings, for example, by disabling “Location Services” for the ThinkSpace ISP application in your iOS device’s settings. Please note that by opting out of our collection of precise location data, your access to the ThinkSpace ISP Services on your mobile device may be limited depending on your subscription.
• Options for Sharing What You Watch
  • As set forth in Section 5 (“Sharing What You Watch”), we may ask for your consent to ThinkSpace ISP sharing your Viewing Information together with your personal information with our content programmers, service providers, and other third parties. If we have asked for your consent, you may view or change your consent preference by logging into ThinkSpace ISP on your computer, going to your account settings, and editing your profile. If you would like to consent to ThinkSpace ISP sharing your Viewing Information together with your personal information, set your “Manage Video Sharing” preference to “Yes.” If you would like to withdraw your consent, set your “Manage Video Sharing” preference to “No.” You can change your consent on a case-by-case basis by changing your “Manage Video Sharing” preference before viewing a video. Please allow us a few minutes to process any changes to your preference.
• Additional Choices for California Residents
  • If you are a California resident, you may be entitled to request certain information regarding our disclosure, if any, of personal information (such as your name and contact information) to third parties who wish to contact you or send you promotional information about their products and services directly (as compared to when the third party is acting on our behalf or you have provided your personal information as part of a co-promotion by ThinkSpace ISP and the third party). If you are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please send us a letter at Attention: Legal Department, ThinkSpace ISP, LLC, 415 Antique City Drive, Walnut, IA 51577.
  • If you are a California resident under the age of 18 and a registered user of the ThinkSpace ISP Services, you may request and obtain removal of content or information you have publicly posted on the ThinkSpace ISP Services. To make this request, please email us at privacy@ThinkSpaceISP.com and include a detailed description of the specific content or information you would like to remove.
    Please note that this removal does not ensure complete or comprehensive removal of the content or information posted on the ThinkSpace ISP Services by you as there may be circumstances in which the law does not require or allow removal.

Security and Account Access

We use a variety of physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, and modification. For example, we take steps to limit access to sensitive information from or about you to those ThinkSpace ISP employees, agents, and contractors who have a legitimate business reason to access such information. We also use measures like encryption and hashing to help protect sensitive information when in transmission.

Despite these efforts, please note that there is always a possibility that a breach in data transmission or storage may occur. We want you to feel confident in our security when using the ThinkSpace ISP Services, but we cannot guarantee the security of any information from or about you 100% of the time. Please refer to the U.S. Federal Trade Commission’s website for information on how to protect yourself from identity theft.

Please note that if you allow others to use your account (including others you permit to set up profiles under your account), they may be able to view information about your account or any of the profiles under your account, including information about the videos you view and your email address.

Children

Children under 13 years of age are not permitted to register with ThinkSpace ISP. The ThinkSpace ISP Services are not intended to be used by children without involvement and approval of a parent or guardian.

Third-Party Access Points, Devices, and Links

The ThinkSpace ISP Services may be provided through third-party websites, applications and other means of access operated by other companies (collectively, “Third-Party Access Points”). For example, you can access the ThinkSpace ISP Services through websites of our distributors. In addition, you may launch a Third-Party Access Point using various devices such as mobile devices and Living Room Devices. The ThinkSpace TV Services also may contain links to third-party websites or applications.

None of these Third-Party Access Points, devices, websites or applications are operated by us, even if they contain our name or logo, and we are not responsible for the privacy practices of their operators. Accordingly, we recommend that you review their privacy policies.

Deleting Your ThinkSpace ISP Account

You may delete your ThinkSpace ISP account, in accordance with our Terms of Use, or via the link accessible on the Account page. You must cancel your subscription before you are able to delete your account.

Please note that, after you delete your account, we may retain some information from or about you in accordance with applicable law, including for various legal, operational, accounting, and auditing purposes.

Applicable Law

ThinkSpace TV is headquartered in the U.S. and the ThinkSpace TV Services are intended for users in the U.S.

By viewing any Content or otherwise using the ThinkSpace TV Services, you consent to the transfer of information to the U.S. to the extent applicable, and the collection, storage, and processing of information under U.S. laws.

Changes to this Privacy Policy

From time to time, we may revise this Privacy Policy to reflect changes in the law or the ThinkSpace TV Services or for other reasons. Therefore, it is important to check the effective date posted at the top of the Privacy Policy each time you visit the ThinkSpace TV Site or use any of the ThinkSpace TV Services to ensure you are familiar with our most updated policies and practices. If we make any material change to this Privacy Policy, we will notify you by posting a notice on the ThinkSpace TV Site. If you are a registered user, we will also send an email to the email address that you most recently provided to us prior to the material change taking effect. Accordingly, please keep your account information, including email address, updated.

Any material change to this Privacy Policy will be effective automatically 30 days after the revised Privacy Policy is first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.