Website Terms of Use

  1. Personal Information and Privacy
  2. Website Registration
  3. Restrictions on Use of Website Content
  4. User-Submitted Content / Prohibited Acts
  5. Notice of Copyright Infringement
  6. E-mail Communications
  7. Choice of Law and Forum
  8. Local Insight Affiliates and Information
  9. Products and Services Offered by Third Party Providers
  10. Links to Third Party Websites
  11. Advice and Opinions
  12. Disclaimer of Warranties and Limitation of Liability
  13. Indemnification
  14. Caution Concerning Forward-Looking Statements
  15. Miscellaneous

Binding Terms of Use

Welcome to www.insightma.com, a service of Insight Media, Inc. and its affiliates and partners (collectively, "Insight," "we," "us" or "our"). These Terms of Use inform visitors of the rules and policies that govern the Insightma.com website. We use the term "users" and "you" throughout these Terms of Use to refer to any person that accesses our website.

Please read these Terms of Use carefully before using any portion of this site, as these Terms of Use constitute a binding legal contract between you and us and set forth the terms that govern your access to and use of the site.

Accessing the site in any manner, even through automated means, constitutes your use of the site and your agreement to be bound by these Terms of Use. If you do not agree with these Terms of Use, do not use any portion of the Insightma.com website. If you do not understand any provision in these Terms of Use, we encourage you to contact us. We retain the right to deny access, in our sole discretion, to any visitor for any reason, including for any violation of these Terms of Use.

We may, in our sole discretion, modify or update these Terms of Use at any time as we deem necessary. Any changes in our Terms of Use will be incorporated into a revised Terms of Use that we will post on this website. When we post revised Terms of Use, we will change the "Last Revision Date," below, to reflect the date of the changes. By continuing to use the site after we post any such changes, you accept the Terms of Use as modified.

If necessary, and in accordance with applicable law, we may cooperate with local, state and/or federal authorities to protect our website, our website visitors, our parent company, partners, affiliates, and subsidiaries and/or our service providers or to prevent unauthorized use of the site. Any conduct by a visitor that violates these Terms of Use may result in the suspension or termination of the visitor's participation on the site and/or to Insight's service(s) at our sole discretion, in addition to any other remedies available to us at law and in equity.

When using the site, you may be subject to other posted guidelines or rules applicable to certain website activities, features or special events. Any additional posted guidelines or rules are considered part of these Terms of Use. To the extent there is a conflict between the guidelines or rules of a specific event, activity or promotion and these Terms of Use, the rules of the specific event will govern.

Personal Information and Privacy

To participate in certain website activities, promotions or to set up website features, we may request that you submit certain personally identifiable information about yourself over this website. All information collected by us via this website is governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. Please take a moment to review that policy.

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Website Registration

You are responsible for providing true, accurate, current and complete information to us in connection with your use of this website, including when registering to access or use a particular service and when requesting an Insight service. Your registration or request, and your use of this website, generally, may be canceled or refused, with or without notice, if at any time we discover that any information you have submitted is untrue, inaccurate or incomplete or that you have otherwise violated these Terms of Use.

We may offer sweepstakes or other promotional events via our website. To participate in these events, you must meet any designated minimum age requirements (for example, eighteen years of age or older) for the specific event. We may also establish additional rules and terms for participation in each sweepstakes and/or special event, which will be posted on our website.

If you have submitted an e-mail address with your registration information, we encourage you to keep us informed about any changes in your personal contact and email information. If your email address is canceled, becomes inactive or is inaccessible for an extended period of time, we may cancel your registration on our website and delete all or part of your online information, to the extent allowed by law and in accordance with our security measures.

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Restrictions on Use of Website Content

This website contains data, text, images, software and other materials created and/or supplied by us and or licensors, or uploaded to the site by our advertisers, other users and/or third party partners (the "Content"). The Content is our property or the property of our affiliates, licensors, third party partners, advertisers and/or other users, and is protected by state, national and international copyright, trademark, and other intellectual property laws. Except as expressly authorized by us, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content from the Site. Notwithstanding the above, you may print or download Content from this site only for individual, personal and non-commercial use, provided that you do not republish or distribute the Content in any way and you keep intact all copyright, trademark and other proprietary notices. Use of the Content for any purpose not expressly permitted in these Terms of Use or otherwise expressly authorized by us is prohibited.

You also are prohibited from framing this website or linking to any page of this site other than the homepage without our express prior written permission. For information on requesting such permission, please send a written request to Insight at 810 7th Avenue, 41st Floor, New York, New York 10019; Attn: Legal Department. Decisions to grant or deny permission are within our sole discretion. Any links to our homepage must not state or imply that we sponsor or endorse the linking site.

The Insight trademarks, service marks, and product and service names that appear on this site are our property and you agree not to display or use any such marks or names in any manner without our express prior written permission.

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User-Submitted Content / Prohibited Acts

Our site may now or in the future include interactive features, such as discussion groups, message boards, blogs, forums, e-mail features and other community publishing areas that allow users to submit content and materials to us and/or to post content and materials for display on the site. You will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to, link to or submit via the site. You agree to indemnify and hold us, and our respective agents, representatives, directors, officers, employees and licensors, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the site by you or by others using your username, password or personal account information.

By submitting material via the site, you represent that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any interactive area of the site, you grant us, and our agents, representative and service providers, an irrevocable, royalty-free, perpetual, nonexclusive, fully sub-licensable, worldwide license to use, disclose, distribute, adapt, broadcast, translate, copy, display, modify, edit, publish, perform and create derivative works from such material (in whole or in part) on the site, or otherwise, and/or to incorporate such material into other works in any form, media or technology now known or later developed. You also agree that we may identify you as the author of any of your postings by name, e-mail address or user name (if applicable) as we deem appropriate. You will not receive any compensation of any kind for any materials submitted by you.

You understand that the technical processing and transmission of the site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.

As stated above, you are responsible for all content that you post, e-mail, transmit, upload or otherwise submit or make available on or through our website. You agree not to use any portion of this website to submit, post or otherwise make available any content or material or, as applicable, to engage in any conduct or activity, that:

  • is unlawful, harmful to adults or minors, threatening, abusive, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise interferes with the ability of others to enjoy the site;
  • harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
  • contains unauthorized advertising or solicits other users;
  • is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Content on this website;
  • that impersonates any person or entity, including, but not limited to, a site employee or another user, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person's explicit consent;
  • that is false, deceptive, misleading, or deceitful;
  • that violates any local, state, national or international law(s); or
  • that otherwise violates these Terms of Use.

We have the right (but not the obligation), in our sole discretion, (i) to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons; and (ii) to terminate or suspend access to the site, or to certain interactive areas of the site, for conduct that we believe violates these Terms of Use or otherwise interferes with other users' enjoyment of the site.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our site, our officers, directors, agents, staff, or representatives, or to protect other users, and/or the public.

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Notice of Copyright Infringement

If you believe in good faith that Content that appears on our site infringes your copyright, you (or your agent) may send us a notice of such infringement in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA may permit you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.copyright.gov. Notices and counter-notices should be sent to:

Designated Agent: Sherman Hand, Director of Security.

Postal Mail Address:

    Insight Midwest, L.P.
    10200 Linn Station Road
    Louisville, KY 40223

E-mail Address:

Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the site.

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E-mail Communications

E-mail is an important communication method for our website users. The person in whose name the e-mail account is registered should generate all e-mail sent to us. E-mail users may not mask their identity by using a false name or another person's name or account.

Any non-personal information you provide to us by e-mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, will be deemed to be non-confidential and we assume no obligation to protect such non-personal information from disclosure. The submission of non-personal information to us will in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas or the like by us for any purpose; and we will be free to reproduce, use, disclose and distribute such information to others without liability or restriction. Any personal information transmitted with an e-mail, such as your name, e-mail or home address, will be treated in accordance with the terms of our Privacy Policy.

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Choice of Law and Forum

This website is originated and located in the United States, and these Terms of Use will be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. We make no representation that any material or content on this website is appropriate or available for access or use in other locations. Users who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any dispute arising out of or relating to these Terms of Use or to any access or use of this website will be subject to the exclusive jurisdiction of the state and federal courts located within the state of New York, and you hereby expressly submit to the personal jurisdiction of such courts.

If any provision in this Agreement is held invalid, void or unenforceable, that provision will be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement will remain in full force and effect. These Terms of Use between you and us will not be modified except by subsequent posting of a revised Terms of Use, or in a separate writing, signed by Insight.

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Local Insight Affiliates and Information

Certain website features, promotions, activities or information may be made available, sponsored or promoted by our local affiliates of Insight Media, Inc. ("Affiliates") that provide Insight service(s) in your area. While we try to ensure that any information posted to this website is timely and accurate, errors may appear from time to time. This website may not be updated daily and certain information may not be the most current information available, including information or offerings posted for your local area. We are not liable or responsible for such errors or inaccuracies. Please see the "Disclaimer of Warranties" section below.

Although the website may provide an initial indication that certain Insight service(s) and products are available in your area, such indication will not be deemed accurate until your requested order has been confirmed by Insight Media, Inc. or the applicable Affiliate and such entity has arranged for the specific service(s) and/or products to be provided to you.

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Products and Services Offered by Third Party Providers

We may make available to visitors certain links to, and information about, additional products and/or services provided by third party providers. These third party providers may offer products, services and/or promotional material via our website. You acknowledge and agree that:

  • Any information posted on our website regarding third party offers is for information purposes only;
  • All visitor transactions with third party providers are solely between the visitor and the individual provider, not with us; we are not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction; and
  • All discounts, promotions and special third party offers appearing on our website may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk.

All notices and information posted on our website regarding third party providers have been provided by the third party provider or other parties, and we do not warrant its accuracy or completeness.

You will immediately notify us if a third party provider does not make available to you any goods, services, discounts, promotion or special offer that appears on our website.

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Links to Third Party Websites

Our website may contain links and pointers to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement or sponsorship by us of any third party resources, content, products or services. We do not endorse, recommend or maintain any liability for the products, services or information available over any third party site not owned or operated by us. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, content, products or services available on or through any such site(s). In addition, a third party may have privacy and data collection practices that are different from ours, and we have no responsibility or liability for these independent policies; we recommend that you read all applicable policies of such third party website(s) before submitting any personally identifying information.

Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. We reserve the right, in our sole discretion, to terminate links with any third parties or other websites that we deem inappropriate or inconsistent with our website.

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Advice and Opinions

Our website may contain facts, views, opinions and statements of third parties, visitors and other organizations. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information will be at your sole risk and you agree that we will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our website.

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Disclaimer of Warranties and Limitation of Liability

THE INFORMATION ON OUR WEBSITE IS PROVIDED "AS IS." WE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THIS SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. THE MATERIAL AND INFORMATION ON OUR WEBSITE IS PROVIDED SOLELY FOR ENTERTAINMENT OR PROMOTIONAL PURPOSES.

YOU EXPRESSLY AGREE THAT USE OF THE INSIGHTMA.COM WEBSITE IS AT YOUR SOLE RISK. YOU SHALL ASSUME THE ENTIRE COST FOR ANY SERVICING, REPAIR OR CORRECTION RELATED TO YOUR ACCESS SYSTEM AND YOUR ABILITY TO ACCESS THE SITE. NEITHER US, NOR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL OR PROMOTIONAL PROVIDERS, SPONSORS OR LICENSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO YOU FOR ANY CLAIM, LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO USERS; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT ON THIS SITE; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING SUBMISSION OF INACCURATE, UNTIMELY, FALSE OR INCOMPLETE INFORMATION; (V) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF YOU, OTHER USERS OR THIRD PARTIES; OR (VI) FROM ANY USER'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF US OR OF ANY OTHER PARTY PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL WE OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL OR PROMOTIONAL PROVIDERS, SPONSORS OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

PLEASE BE ADVISED THAT ONCE YOU LEAVE OUR WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE(S) THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND VENDORS. NEITHER WE NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE FOR (I) THE CONTENT, ACTIVITIES, PRIVACY PRACTICES OR TERMS OF USE OF OTHER WEBSITES; (II) ANY THIRD PARTY COLLECTION, USE OR DISCLOSURE PRACTICES; (III) ANY LOSS, DAMAGE OR COSTS RELATED TO ANY PRODUCTS AND/OR SERVICES OFFERED OR PROVIDED BY OPERATORS OF OTHER SITES; OR (IV) ANY LOSS, DAMAGE OR COSTS THAT COULD RESULT FROM LEAVING OUR WEBSITE.

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Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND SUPPLIERS, AND OUR THIRD PARTY INFORMATION PROVIDERS, FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU, OR ARISING OUT OF INFORMATION, CONTENT OR MATERIAL THAT YOU SUBMIT, POST OR TRANSMIT ON THIS WEBSITE.

Caution Concerning Forward-Looking Statements

Some of the information on this website may contain forward-looking statements that involve substantial risks and uncertainties. You can identify these statements by forward-looking words such as "may," "will," "expect," "anticipate," "believe," "estimate" and "continue" or similar words. You should read statements that contain these words carefully because they: (i) discuss our future expectations; (ii) contain projections of our future results of operations; or of our financial condition; or (iii) state other "forward-looking" information.

We believe it is important to communicate our expectations to our investors. However, there may be events in the future that we are not able to accurately predict or over which we have no control. The risk factors listed in our most recently filed Annual Report on Form 10-K, as well as any cautionary language in our subsequently filed Quarterly Reports on Form 10-Q and our other filings with the Securities and Exchange Commission, provide examples of risks, uncertainties and events that may cause our actual results to differ materially from the expectations we describe in our forward-looking statements. Examples of these risks include our history and expectation of future net losses, our substantial debt, changes in laws and regulations, increasing programming costs and competition. You should be aware that the occurrence of the events described in these risk factors and elsewhere in such filings could have a material adverse effect on our business, operating results and financial condition.

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Miscellaneous

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the site. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Please do not hesitate to contact us if you have any questions.

Thank you for visiting!

Last Revision Date: February 26, 2009