In addition to these Residential General Terms and Conditions of Service ("General Terms"), You ("Subscriber") agree to be bound by the terms of service applicable to the residential Charter service(s) to which You subscribe (hereafter, "Service" or "Services"), as well as the Charter Subscriber Privacy Notice which may each be found at www.charter.com, under "Terms of Service/Policies" and "Your Privacy Rights," as such may be updated from time to time (collectively, the "Terms of Service"), which are incorporated herein by this reference. In the event of any conflict between these General Terms below and the Service-specific Terms of Service, the Service-specific Terms of Service shall control.
If Charter provides Charter VoiceTM service (also, "Phone Service") in Subscriber's area, it will be provided through the Charter Phone affiliate servicing Subscriber's area. For purposes of this Agreement, "affiliate" means any subsidiary of Charter Communications, Inc.
Subscriber's signature on the work order presented upon installation of Services and/or Subscriber's use of Services are evidence of Subscriber's agreement to the Terms of Service. Charter may change its prices, fees, the Services, and/or the Terms of Service. Subscriber's continued use of the Services after notice of the change, shall be considered Subscriber's acknowledgement and acceptance of the changes. The current version of the Terms of Service may be found at "www.charter.com" under "Terms of Service/Policies." Subscriber may not modify the General Terms below, the Service-specific Terms of Service, or the Charter Subscriber Privacy Notice by making any typed, handwritten, or any other changes to it for any purpose. This is a binding legal document.
These General Terms and the Terms of Service do not apply to services sold under the Charter Business brand.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 24, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION, WHICH AFFECTS SUBSCRIBER'S RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICES.
1. Payment of Charges: Subscriber will be billed monthly in advance for Services to be received, plus pro-rata charges, if any, for periods not previously billed. Subscriber will be billed monthly for Pay Per View, On Demand or other Services ordered where charges are based on actual usage or on orders placed during the previous month. Subscriber shall pay all monthly charges and all applicable fees and taxes as listed on the Charter monthly bill.
Subscriber shall notify Charter of disputed items within thirty (30) days of receipt, or longer as required by applicable law. Failure to pay charges billed (including checks returned for insufficient funds) may result in discontinuance of Service, the removal of all Charter Equipment (as defined below) and/or imposition of a late payment or service charge. If the Subscriber has more than one account (business and/or residential) served by Charter, all Charter-provided Services at all locations may be subject to suspension or discontinuance of Service in the event any one account remains unpaid, and Charter may apply any funds received from Subscriber first to such delinquent account(s). Should Subscriber wish to resume a Service after any suspension, Subscriber may be subject to a reconnection fee. Should Subscriber wish to resume a Service after termination of Service, Charter may charge an installation fee and/or service activation fee. These fees are in addition to all past due charges and other fees. In the event collection activities are required, an additional collection charge may be imposed.
Subscriber's first bill may include prorated charges for Service received. If partial payment is made of any bill and without waiving its right to collect the full balance owed, Charter will apply that payment to any outstanding charges in the amounts and proportions that it determines.
2. Payment by Check; Non-Sufficient Funds/Returned Items; Third Party Processing. If Subscriber makes payment by check, Subscriber authorizes Charter to collect such payment electronically. Subscriber may not amend or modify this Agreement with any restrictive endorsements (such as "paid in full"), releases, or other statements on or accompanying checks or other payments accepted by Charter; any of which notations shall have no legal effect. If Subscriber's card issuer or financial institution refuses payment for insufficient funds, closed or unauthorized accounts, or any other reason, Subscriber will be charged an insufficient fund charge (as set forth in the applicable Video Service rate card or Voice Service Price Guide for Subscriber's area) for each instance in which such payment is refused. Subscriber hereby authorizes Charter to collect any declined amount and the insufficient funds charge(s) electronically from the subject account. In addition, Subscriber's Service may be suspended and/or terminated. This fee is in addition to any charges Subscriber's financial institution may assess. If initially rejected, Charter may make additional multiple attempts to execute the payment for up to thirty (30) days following the initial refusal.
Customer shall be responsible for any payment processing fees incurred when using a third party to process Customer's payments to Charter.
3. Charter Refund Policy/30-Day Guarantee. New Subscribers (those who have not been Charter customers for 90 days prior to subscription) qualify to have all levels of subscription Service refunded/credited if not fully satisfied with the service. Current Subscribers adding a new level of subscription Service qualify to receive a refund/credit only on those newly added Services not received within the previous 90 days. Such refund is valid for customers who pay for their first month of new or upgraded monthly recurring subscription Services. Pay-Per-View and other non-recurring subscription purchases are not refundable in addition to any installation fees that may apply. Subscriber is limited to one refund or credit per household for a maximum of 30 days of Service. Refunds/credits will be given only when request for cancellation of Service is received by Charter within 45 days of installation of Service (30 days subscribing to the Service, plus 15 day grace period for formal request of refund/credit). Any equipment associated with the new subscription must be returned prior to release of refund/credit. Any state taxes, franchise fees and other fees or charges that may apply are the responsibility of the Subscriber and will not be refunded or credited. Other restrictions per any offer apply.
4. Charter Property: All Charter-provided equipment distributed to and/or installed for use in the Subscriber's service location(s) by or on behalf of Charter ("Equipment") remains the property of Charter. None of the Equipment shall become a fixture. Charter Equipment is intended to service and reside at the specific Service location and is not to be used or relocated off premises without Charter authorization. Subscriber must return all Equipment upon substitution of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with Charter's then current schedule of charges for non-returned Equipment, which amount shall be due immediately. Subscriber agrees to pay such charge whether the Equipment is lost (through theft or otherwise), damaged or destroyed.
5. Disruption of Service: All Charter Services are provided on an "AS IS" and "AS AVAILABLE" basis. In no event shall Charter be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Charter's reasonable control. Subject to applicable law, Charter may give credit with respect to Subscriber's recurring monthly subscription fee for qualifying outages of Charter Services.
6. Charter Equipment: Charter will repair and/or replace defective Equipment, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. Charter shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. Charter is not responsible for the maintenance or repair of Subscriber-provided equipment, including but not limited to telephones, computers, modems, televisions, or any other related Subscriber-provided equipment. A service charge may be imposed upon the dispatch of a technician if there is damage to Charter Equipment due to negligent use or abuse or if no fault is discovered in Charter's system or Equipment. Charter makes no warranties, with respect to Equipment or Service provided by Charter or with respect to the compatibility of the Service or the Equipment with any Subscriber-provided equipment.
ALL EQUIPMENT IS PROVIDED "AS IS", AND CHARTER HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE.
CHARTER SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT.
Charter's sole obligation and Subscriber's sole remedy with respect to any liability or damage caused by Subscriber's use or deployment of Charter Equipment, shall be a refund of fees paid by Subscriber for such Equipment for the previous billing month/cycle.
7. Subscriber Property: Charter assumes no responsibility and shall have no responsibility for the condition or repair of any Subscriber-provided equipment and/or software. Subscriber is responsible for the repair and maintenance of Subscriber-provided equipment and/or software. Charter is not responsible or liable for any loss or impairment of Charter's Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber-provided equipment and/or software.
Notwithstanding anything to the contrary, Subscriber agrees to allow Charter and our agents the right (A) to install hardware in, (B) send software downloads to, and (C) install, configure, maintain, inspect or upgrade Subscriber-provided equipment to the extent necessary to provide Service. Subscriber warrants that Subscriber is either the owner of such equipment or that Subscriber has the authority to give Charter access to it.
8. Taxes/Fees: Subscriber agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same (including franchise fees).
With respect to applicable government imposed fees and taxes, including franchise fees. Charter will review on a quarterly and annual basis the amount it collects in franchise fees and taxes and start refunding to current subscribers franchise fees and taxes it may have collected in excess of sums due to governmental authorities within 15 months of the end of each calendar year. In some cases, Subscriber may be billed for franchise fees that relate to time periods before Subscriber began receiving service. Charter will not bill Subscriber for these past franchise fees more than 4 years after the year they are incurred by Charter. Franchise fees resulting from an audit by the applicable franchising authority are incurred at the time those fees are assessed.
9. Care of Charter Property and Service: Subscriber agrees that neither Subscriber nor any other person (except Charter's authorized personnel) will: (A) open, tamper with, service, or make any alterations to the Equipment; nor (B) remove or relocate any Equipment from the service address of initial installation. Any alteration, tampering, removal, or the use of Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations, constitutes theft of service and is prohibited. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Charter shall relocate the Charter Equipment for Subscriber within Subscriber's home at a time mutually agreed to by Charter and Subscriber. Subscriber may incur a charge for such relocation and should consult a current Charter schedule of rates and charges prior to requesting such relocation. If the Subscriber moves residences outside of Charter's service area, Subscriber shall notify Charter that this Agreement shall be terminated and the provisions of Section 13 shall apply to such termination.
10. Access to Subscriber Premises: Subscriber authorizes Charter and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber's premises to install, inspect, maintain and/or repair the Equipment and, upon the termination of Service, to remove the same from the premises. Charter's failure to remove its Equipment shall not be deemed an abandonment thereof. If the installation and maintenance of Service are requested at Premises that, in Charter's sole discretion, are or may become hazardous or dangerous to our employees, the public or property, Charter may refuse to install and maintain such Service.
11. Recording of Communications: Customer acknowledges and agrees that all communications between Customer and Charter may be recorded or monitored by Charter for quality assurance or other purposes.
12. Assignment or Transfer: This Agreement and the Services and/or Equipment supplied by Charter are not assignable or otherwise transferable by Subscriber, without specific written authorization from Charter.
13. Termination and Expiration:
a. Termination by Subscriber: Unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. To terminate any recurring service, Subscribers must call 888-438-2427, or provide a hardcopy written notice of termination to Charter delivered to 2 Digital Place, Floor 4, Simpsonville, SC 29681.
b. Termination for Bankruptcy: Charter shall have the right to terminate this Agreement immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.
c. Termination for Breach: In the event of any breach of this Agreement by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of Charter, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using any Charter Service, this Agreement may, at Charter's option, be terminated and Charter's Equipment removed. Failure of Charter to remove such Equipment shall not be deemed abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Charter in the event that Charter shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under this Agreement. Charter may terminate this Agreement or Charter may reject an application or block access to or use of any component of any Charter Service for any reason including, but not limited to, if:
i. Subscriber violated this Agreement as to this or another Charter account;
ii. the information required in the application process is or becomes incorrect, absent or incomplete;
iii. Subscriber threatened or harassed any Charter employee, agent, contractor or representative;
iv. Subscriber's credit card issuer refuses a charge or any other payment method fails to compensate Charter;
v. there is a violation of the Terms of Service or other agreements (such as Term Agreements) with respect to any Charter Service, as determined in the sole discretion of Charter; or
vi. the amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of Charter.
Subscriber further agrees that in the event of termination pursuant to subsections (b) or (c), Charter shall have no liability to Subscriber.
d. Obligations Upon Termination: The Subscriber agrees that upon termination of this Agreement:
i. Subject to 13.a, Subscriber will pay Charter in full for Subscriber's use of the Equipment and the Services, as applicable, up to the later of the effective date of termination of this Agreement, the date on which the Charter Service has been disconnected, or the date on which the Equipment is returned to Charter. The Subscriber agrees to pay Charter on a pro-rated basis for any use by the Subscriber of any Charter Service for a part of a month;
ii. Subscriber will promptly return all Equipment to Charter. In the event that Subscriber fails to return any Equipment within ten (10) days of the termination of this Agreement in addition to Equipment charges contemplated in Section 13.d, Subscriber shall be liable to Charter in accordance with Charter's then current schedule of charges for non-returned Equipment.
e. Renewal after Cancellation or Termination: Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of a Charter Service, Subscriber shall be subject to the pricing, warranties, and Terms of Service as are effective at the time of such renewal.
14. Security Deposit: Any security deposit required of Subscriber for the Equipment or Charter's Service will be due and payable upon the first monthly billing. Such security deposits will be returned to Subscriber within sixty (60) days of termination of Charter's Service so long as payment has been made for all amounts due on Subscriber's account and Subscriber has returned the Charter Equipment undamaged.
15. Advance Payment: Subscribers who are unable or unwilling to provide information to establish credit worthiness or who have an unsatisfactory credit rating may be required to make an advance payment. The advance payment will be equal to the applicable installation charge and one month of recurring charges, excluding taxes, fees and surcharges. The advance payment will appear as a credit and be applied to the first monthly bill. Charter reserves the right to refuse service if the Subscriber fails to fulfill standard credit requirements. After service has been established, the Subscriber will be responsible for the payment of all applicable charges, including taxes, fees and surcharges to avoid discontinuance of service.
16. Content and Services: All services are subject to change in accordance with applicable law.
17. Rates: All rates are subject to change in accordance with applicable law.
18. Late Fee: If Subscriber's account is 30 days past due, a reminder message will be included on Subscriber's monthly bill. If Subscriber's past due balance remains unpaid, Subscriber may be charged an applicable late fee in addition to Subscriber's past due balance at Charter's then current rate. If Subscriber's account remains unpaid Subscriber's Services may be disconnected. Subscriber can avoid incurring late fees by paying Subscriber's monthly bill promptly. Any late fees assessed are not considered interest credit service charges, finance charges or penalties. Charter expects that Subscriber will pay for Services on a timely basis, and Charter does not extend credit to customers.
19. Disclaimer: Charter assumes no liability for any program, services, content or information distributed on or through the Services and Charter expressly disclaims any responsibility or liability for Subscriber's use thereof. Further, Charter shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
20. Right to Make Credit Inquiries: Subscriber authorizes Charter to make inquiries and to receive information about Subscriber's credit experiences, including Subscriber's credit report, from others, to enter this information in Subscriber's file, and to disclose this information concerning Subscriber to appropriate third parties for reasonable business purposes.
21. Charter's Reservation of Rights: Charter reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, Charter will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Subscriber, and Charter will provide any prior notice of suspension or termination that is required by law.
22. LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF CHARTER AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).
UNDER NO CIRCUMSTANCES SHALL CHARTER BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD-PARTY SERVICE PROVIDERS, AGENTS OR SUBCONTRACTORS OF CHARTER, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. CHARTER'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY CHARTER OF ANY OBLIGATION CHARTER MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE CUSTOMER'S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY CHARTER. IN NO EVENT SHALL CHARTER'S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD.
24. ARBITRATION. The following provisions are important with respect to the Agreement between Subscriber and Charter regarding Charter's Services.
PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. This Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscriber in the event of a dispute.
Subject to the "Exclusions" paragraph below, Charter and Subscriber agrees to arbitrate disputes and claims arising out of or relating to this Agreement, the Services or marketing of the Services Subscriber has received from Charter. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.
THIS AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled "Notice of Intent to Arbitrate" ("Notice"). The Notice to Charter should be addressed to: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 ("Arbitration Notice Address"). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, Subscriber or Charter may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Agreement.
The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at "www.adr.org," by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.
CHARTER SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR'S FEES FOR CLAIMS OF UP TO $75,000. SUBSCRIBER IS RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT SUBSCRIBER INCURS IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF CHARTER UNDER APPLICABLE LAW.
If the arbitrator's award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act.
The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.
SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND CHARTER ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY
Unless Charter and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of Subscriber's billing address.
The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual's claim.
The parties agree that the arbitrator must give effect to the terms of this Agreement.
SUBSCRIBER AND CHARTER AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER'S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Furthermore, unless both Subscriber and Charter agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.
Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify Charter in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber may opt out by mail to the Arbitration Notice Address. Subscriber's written notification to Charter must include Subscriber's name, address, and Charter account number as well as a clear statement that Subscriber does not wish to resolve disputes with Charter through arbitration. Subscriber's decision to opt out of this arbitration provision will have no adverse effect on Subscriber's relationship with Charter or the delivery of Services to Subscriber by Charter.
Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
EXCLUSIONS. SUBSCRIBER AND CHARTER AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY CHARTER ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.
(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS.
(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
For New York Video Customers. Subscriber may elect to resolve a Dispute through the New York Public Service Commission in accordance with NYCRR 16S890.709(a) and NYCRR 16S709(c).
The foregoing arbitration provisions shall survive the termination of this Agreement.
25. Entire Agreement: These Terms and Conditions (including the Terms of Service) constitutes the entire agreement between the Subscriber and Charter. No undertaking, representation or warranty made by an agent or representative of Charter in connection with the sale, installation, maintenance or removal of Charter's Services or Equipment shall be binding on Charter except as expressly included herein. Subscriber agrees that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If Charter fails to insist upon or enforce strict performance of any provision of this Agreement, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF CHARTER INTERNET SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE GENERAL TERMS AND CONDITIONS FOR CHARTER RESIDENTIAL SERVICES, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Subscriber's use of the Internet Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Any user who does not agree to be bound by these terms should immediately stop their use of the Internet Service and notify Charter Customer Service at 888-438-2427 to terminate the account. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. This is a binding legal document (the "Agreement").
Charter regularly updates and amends Terms of Service. Subscriber should consult www.charter.com to be sure Subscriber remains in compliance.
1. Equipment: To use the Internet Service, Subscriber must meet minimum computer, device, and system requirements as identified by Charter.
a. Computer Equipment: The personal computer or device that Subscriber uses to access the Internet Service must meet minimum configuration standards. Please refer to Charter's System Requirements for the current specifications. The minimum configuration standards may change, and Charter will make reasonable efforts to support previously acceptable configurations; however, Charter is not obligated to continue to provide such support. Charter may supply equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Internet Service. Subscriber acknowledges that such equipment may require updates and/or changes to the software resident in the equipment and that Subscriber may be required to perform such updates and/or changes. Notwithstanding, Subscriber hereby authorizes Charter to perform updates and/or changes, on-site or remotely from time to time as Charter deems necessary, in Charter's sole discretion.
b. Charter does not provide technical assistance for third-party hardware or software, including but not limited to home networks or gaming systems. Any questions concerning third-party hardware or software should be directed to the manufacturer of that product. Charter is not responsible for the operation or support, maintenance or repair of any equipment, software or services that Subscriber elects to use in connection with the Internet Service.
c. Subscriber will not connect any equipment, other than equipment authorized by Charter, to the cable modem outlet. Subscriber understands that failure to comply with this restriction may cause damage to the Charter network and subject Subscriber to liability for damages and/or criminal prosecution. Subscriber may not alter, modify or tamper with the Equipment or the Internet Service, or permit any other person, not authorized by Charter, to do the same.
2. Network Interface: When Charter installs the Internet Service, Subscriber will need a network interface card or adapter providing an Ethernet connection. Alternatively, subscriber may connect to a home networking device (commonly referred to as a router or gateway).
3. Cable Modem/Other Charter Equipment: Subscriber may obtain a cable modem from Charter or may purchase a DOCSIS-compliant cable modem from a third party retailer. The minimum specifications for cable modems approved for use with Charter's network, systems and services are set forth at Compliant Modems on Charter's Network. Charter reserves the right to provide service only to users with Charter-approved DOCSIS-compliant modems. Subscriber must return cable modems and any other equipment leased from Charter at the end of the lease period.
4. Software: At the time of installation of the Internet Service, Charter may provide Subscriber with common Charter or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service. Charter does not support third-party software. Any and all software provided by Charter is the property of Charter and/or its suppliers and licensors. Charter hereby grants Subscriber a nonexclusive, nontransferable license to install and use on Subscriber's computers, devices, and/or system(s) the software for use solely in connection with the Internet Service. Subscriber's license to use any software provided by Charter and its suppliers and licensors is contingent upon Subscriber's compliance with all use and other restrictions contained in this Agreement and the AUP. It is a material breach for Subscriber to copy, duplicate, reverse engineer or in any way modify, change, tamper with or interfere with any software provided to Subscriber by Charter. Upon any termination or expiration of this Agreement or the disconnection of Subscriber's Internet Service, this license will terminate and Subscriber agrees to then destroy all copies of the software that were delivered to Subscriber (including by erasing and deleting the software from Subscriber's computer system). Subscriber hereby represents and warrants to Charter that Subscriber owns the operating system software and associated use/license rights thereto for the computers that are connected to the Charter network.
5. Security: Subscriber acknowledges and agrees that when using the Internet Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Subscriber's equipment. Subscriber is responsible for taking and should take all appropriate security measures when using the Internet Service. Subscriber assumes sole responsibility for Subscriber's equipment used in conjunction with the Internet Service and for providing and configuring any "firewall" or security measures for use with the Internet Service to prevent damage from viruses, malware, or other similar malicious items, and Subscriber, not Charter, shall be solely responsible in any manner for the effectiveness of these blocking and filtering technologies. Charter does not warrant that others will be unable to gain access to Subscriber's computer(s) and/or data even if Subscriber utilizes blocking and filtering technologies, nor does Charter warrant that the data or files will be free from computer viruses or other harmful components. Charter has no responsibility and assumes no liability for the protections Subscriber may employ nor for any damages that may arise from accessing the Internet.
Subscriber shall not permit or enable any use of Subscriber's account or account passwords by any person not a member of Subscriber's household. Subscriber is responsible for any misuse of the Internet Service that occurs through Subscriber's account whether by a member of Subscriber's household or unauthorized third-party.
6. Cookies: Subscriber may access their Charter e-mail account at www.charter.net, or by using the user's software application (e.g. Outlook, Outlook Express, Incredimail, and Apple Mail). When accessing e-mail at www.charter.net, Subscriber must have their browser configured to accept cookies. www.Charter.net will notify the user, if their browser is not configured to accept cookies.
For content residing on Charter's servers, Charter reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content or other information in Charter's possession about or related to Subscriber, Subscriber's use of the Internet Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or Charter subscribers' information.
8. Rights Infringement: Subscriber will not use, or allow others to use, the Internet Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Subscriber must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Subscriber represents and warrants that Subscriber is and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and Subscriber further represents and warrants that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. Charter assumes no responsibility, and Subscriber assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.
Charter is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Charter if they believe that a Charter customer has infringed the copyright owner's work(s). If Charter receives a notice from a copyright owner alleging that Subscriber has committed copyright infringement, Charter will notify Subscriber of the alleged infringement. Charter may determine that Subscriber is a repeat copyright infringer if Charter learns that Subscriber has engaged in online copyright infringement on more than one occasion. Charter reserves the right to suspend or terminate the accounts of repeat copyright infringers.
9. Term: Charter Internet Service shall continue until such time as terminated by Subscriber, which shall be effective upon notice, or terminated by Charter for breach (including nonpayment) of this Agreement or a violation of the AUP, or otherwise terminated by Charter in accordance with the General Terms and Conditions for Services. Charter will not be responsible for the return of data stored on Charter's servers, such as web and e-mail servers if Subscriber's account is suspended or terminated.
10. Disclaimer of Warranties and Limitation of Liability.
a.No Warranty: Subscriber agrees that Subscriber uses the Internet Service and any software and equipment supplied by Charter at Subscriber's sole risk. The Internet Service and Charter equipment are provided on an "as-is basis", if applicable, without warranties of any kind including without limitation any warranties of title, non-infringement, fitness for a particular purpose and merchantability. Charter does not warrant uninterrupted use of Internet Service. Charter does not warrant that the Internet Service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware, denial of service attacks or other harmful components, even if countermeasures have been deployed. Charter does not warrant that any data or files Subscriber sends or receives via the Internet Service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to Subscriber's computer. This includes, but is not limited to, incidents of file sharing, print sharing, or use of other means that enable internet users to gain access to Subscriber's equipment or to monitor Subscriber's activity and conduct while using the Internet Service.
b.Anti-Spam Software: Subscriber acknowledges and understands that Charter utilizes anti-spam software and that such security technology is a feature of the Internet Service that may block incoming and outgoing electronic mail. Charter does not warrant that such feature will block all unwanted mail/spam or that all mail that is blocked constitutes unwanted mail/ spam. Consistent with other statements set forth in this section, Charter does not warrant that such feature will be error-free.
c.Security Software: In addition, in its sole discretion, Charter may make available to Subscriber security software, such as anti-virus software, firewall software, "pop-up" advertising blocking software, parental control software, and anti-spyware or anti-adware software for Subscriber's use on Subscriber's computer system in conjunction with the Internet Service. Any such security software provided by Charter to Subscriber is intended to provide only a minimal level of protection to Subscriber's computer system(s). Subscriber understands and agrees that Charter and its third-party suppliers of any such security software do not guarantee its accuracy, efficacy or performance. Subscriber understands and agrees that Charter and its third-party suppliers are not responsible for any damage to Subscriber's computer system(s) or the information stored on it that may result from the security software or its non-performance.
d.Third Party Sites: When Subscriber uses the Internet Service and/or accesses Charter web sites, Subscriber may encounter links allowing Subscriber to visit web sites operated or owned by third parties ("Third Party Site(s)"). Charter provides these links as a convenience and they are not under the control or ownership of Charter. The presence of a link to any Third Party Site is not an endorsement by Charter of the Third Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Subscriber's use of any third party site is governed by the various legal agreements and policies posted at that web site.
i. Subscriber understands and agrees that Charter does not guarantee that any particular amount of bandwidth on the Charter network or that any speed or throughput of Subscriber's connection to the Charter network will be available to Subscriber. Subscriber understands and agrees that the speed of the Internet Service provided at Subscriber's site will vary depending upon a number of factors, including Subscriber's computer system(s) and associated equipment (e.g., Subscriber-sourced WiFi routers/access points, etc.), Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Charter's control, and system failures, modifications, upgrades and repairs.
ii. Subscriber understands that Charter may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with Charter's AUP. Subscriber should reference Charter's AUP for additional details.
iii. Subscriber further understands and agrees that, to allocate bandwidth across all of its users, Charter may employ reasonable network management techniques as identified in Charter's AUP and Charter's Open Internet Disclosure Statement.
iv. Subscriber's sole and exclusive remedies under this Agreement are as set forth in this Agreement. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Subscriber.
11. Limitation of Liability/Exclusive Remedy: Charter's entire liability and Subscriber's exclusive remedy with respect to the use of the Internet Service or its software and equipment, or any breach by Charter of any obligation Charter may have under this Agreement, shall be Subscriber's ability to terminate the Internet Service or to obtain the replacement or repair of any defective software or equipment provided by Charter to Subscriber. In addition, Charter shall not be liable for damages for failure to furnish, or the degradation or interruption of, any services, for any lost data or content, identify theft, for any TV, monitor or screen burn-in, , monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause. Charter shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or the provision of the Internet Service.
12. Mailbox Deactivation: Subscriber agrees that Charter owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time for any reason. Charter may also limit the number of new email addresses available per account. Charter may also limit the number of emails that can be sent within a 24 hour time period. Subscriber agrees that if Subscriber does not access a Charter mailbox for a period of 270 days, Charter may lock the mailbox and prohibit the mailbox from receiving new email messages. As long as the Subscriber remains subscribed to Charter's Internet service, the contents of the locked mailbox will not be deleted. Subscriber understands that upon disconnecting from Charter's Internet service, Charter will suspend the account and delete the contents of the mailbox, if any, at that time.
13. Mail Storage: In no event will Charter be responsible for maintaining, and Charter will not guarantee storage of, such electronic mail for any period of time. Charter also reserves the right to enforce email storage limits.
14. Network Security and Management: Subscriber agrees that Charter may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam. Charter may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers as identified in Charter's AUP. Charter may take these actions, with or without notice, in situations where Charter believes, in its sole discretion that Subscriber may harm the Charter network or disrupt the performance of the Internet Service for other users or where Subscriber is transmitting or is otherwise connected with what Charter considers in its sole discretion to be spam. Subscriber agrees that Charter is entitled to damages if Subscriber is transmitting or is otherwise connected with spam. Subscriber agrees Charter is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Subscriber agrees to pay Charter liquidated damages of five dollars (U.S. $5.00) for each piece of spam transmitted from or otherwise connected with Subscriber's account.
15. Additional Terms for Charter WiFi: Charter WiFi supported by the Charter-provided wireless router ("Charter Router") is a service available to certain subscribers and provides wireless access to the Charter Internet Service within the Subscriber's residence ("Home Network"), for which Subscriber may be charged a fee consistent with Charter's then-current practices. The Charter Managed Router comes programmed with certain default settings and configurations for the Home Network. Subscriber may modify the default settings and configurations on the Charter Managed Router although Charter recommends maintaining the default configuration and settings. Charter does not guarantee the security of the Charter Managed Router and Subscriber's connection to the Internet Service via the Home Network. Subscriber understands and agrees that Subscriber is solely responsible for the security of their Home Network and must enable and use encryption in order to access Charter-provided applications. Charter reserves the right to preconfigure the Charter Managed Router to distribute a wireless Internet access point (i.e. a Charter WiFi Hotspot) separate from the Home Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Subscriber for any purpose. Subscriber shall have the right to disable such Charter WiFi Hotspot, and shall not be responsible for the security of the WiFi Hotspot. The Charter Managed Router will collect and maintain certain information regarding access to and use of the Home Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Charter to provide the Internet Service and support, as well as for Charter's internal business analytics regarding the use of the Internet Service. Subscriber acknowledges and agrees that Charter shall have access to the network name and password associated with the Charter Managed Router in order to provide support and diagnostic services. Charter reserves the right to modify the network name and password for the Charter Managed Router in order to safeguard Internet security, the security and privacy of Subscriber's information, where required by law, and/or for other good cause to provide, upgrade and maintain the Internet Service, and protect the network, other users of the Internet, or our subscribers. Subscriber acknowledges that the Charter Managed Router is Charter Equipment.
17. General Subscriber Responsibilities and Warranties: When Subscriber completes registration for the Internet Service, Subscriber must establish an identity by selecting a user name and password to be used by Subscriber to access the Internet Service. Subscriber is responsible for maintaining the confidentiality of their user name and password. Subscriber agrees that Subscriber is responsible for anyone using Subscriber's computer system, password or name or user name in connection with the Internet Service and for ensuring that anyone who does use the Internet Service through Subscriber's computer or access to the Internet Service, does so in accordance with the terms and conditions of this Agreement and the AUP. Subscriber agrees to take all reasonable measures necessary to ensure that the Internet Service is not used by another without Subscriber's consent.
Subscriber shall be responsible for procuring and installing patches, any and all anti-virus and firewall software/ hardware and operating system patches, up-dates, or supplements that may be necessary for (i) the protection and maximum functionality of Subscriber's computer and related equipment and (ii) the protection of Charter's network and other subscribers. For purposes of clarification, Charter hereby disclaims any and all responsibility and liability for any damages that may arise from Subscriber's failure to procure or install the aforementioned security software and /or hardware.
18. Force Majeure: Charter shall not be liable for any failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Charter, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
19. Amendment: Charter may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. Charter may notify Subscriber of any such changes by posting notice of such changes on Charter's website at www.charter.com, under "Terms of Service/Policies", or sending notice via electronic mail or U.S. postal mail. The Subscriber's continued use of the Internet Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using the Internet Service and notify Charter that Subscriber is terminating the Internet Service. In addition, this Agreement is subject to change in compliance with applicable law.
20. Entire Agreement: This Agreement shall be posted along with the General Terms and Conditions for Charter Residential Services at www.charter.com, under "Terms of Service/Policies," and are the only terms and conditions that govern the Internet Service. No undertaking, representation or warranty made by any agent or representative of Charter in connection with the sale, installation, maintenance or removal of the Internet Service shall modify or amend this Agreement or the General Terms and Conditions for Charter Residential Services.
By using the Service, the Subscriber agrees to abide by, and require each user of the Service to abide by, the terms of this AUP and associated TOS. Any user who does not agree to be bound by these terms must immediately cease use of the Service and notify the Charter Customer Service Department to terminate the account.
1. Use. The Service is designed for personal and family use (residential use only) within a single household. Subscriber agrees that only Subscriber and Subscriber's authorized guests in the same household will use the Service. Subscriber is responsible for any misuse of the Service that occurs through Subscriber's account, whether by a member of Subscriber's household or an authorized or unauthorized third-party. Subscriber will not use, or enable others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Subscriber will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, through the use of wireless technology. Charter reserves the right at its sole discretion to immediately suspend, terminate, or restrict use of the Service without notice if such use violates the AUP or TOS, is objectionable or unlawful, interferes with Charter's systems or network or the Internet or others' use of the Service.
2. Prohibited Activities Using the System, Network, and Service. Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:
- Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network;
- Interference with Internet service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
- Forging the header of any transmitted information packet, email, or Usenet posting;
- Modifying or tampering with any hardware, software, or configuration provided by Charter including but not limited to: routers, switches, and cable modem configuration files.
- Reselling or otherwise redistributing the Service.
- Disrupting, degrading or otherwise adversely affecting Charter's network or computer equipment owned by Charter or other Charter subscribers.
- Excessive use of bandwidth that in Charter's sole opinion, places an unusually large burden on the network or goes above normal usage. Charter has the right to impose limits on excessive bandwidth consumption via any means available to Charter.
- Transmit unsolicited bulk or commercial messages commonly known as "spam."
- Assuming or assigning a Charter IP address that was not allocated to the user by Charter or its network - all Charter Internet users must use DHCP assigned by the Service to acquire an IP address.
- Either of the following activities by a Subscriber using dedicated machines (also known as "machines" or "dedicated servers") or virtual dedicated servers (also known as "VDS", "VPS", "virtual machines", and/or "virtual servers"): (i) running a tunnel or proxy to a server at another host or (ii) hosting, storing, proxy, or use of a network testing utility or denial of service (DoS/DDoS) tool in any capacity.
Because the Service is for residential use only, any use of the service for non-residential purposes is not permitted and may result in reduction in service, suspension, or termination at the sole discretion of Charter. Non-residential purposes include, without limitation, the following:
- Running any type of server on the system that is not consistent with personal, residential use. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCS, SQUID, NTP, DNS or any multi-user forums.
- Distributing in any way information, software or other material obtained through the service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner
- IP address translation or similar facilities intended to provide additional access.
3. No Illegal or Fraudulent Use. The Service may be used only for lawful purposes. Subscriber will not use or allow others to use the service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.
4. Security/Abuse of Resources. User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abuse of resources include without limitation: open news servers, open SMTP servers, unsecure wireless routers, and unsecure proxy servers. In the instance when the Subscriber is using a wireless router, Charter requires that any wireless network be secure and encrypted. Open, unencrypted wireless networks are strictly prohibited.
Should an issue arise, Subscriber is required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.
5. Network Management. Charter uses a variety of reasonable network management tools and practices consistent with industry standards. In the event the periods of congestion necessitate such management, Charter has available the following tools and practices (without limitation and as may be adjusted over time): (i) use of an upper limit of bandwidth allocated for uploading of files during congested periods; (ii) Subscriber Traffic Management (STM) technology to temporarily lower the priority of traffic with the greatest impact on peak congestion; (iii) spam filtering and detection techniques; and (iv) measures to protect the security and integrity of its network, resources and subscribers. In limited instances if employed, these techniques may affect the throughput rate at which subscribers may send and receive data, the ability of users to establish session connections within the network, or result in the delay of certain traffic during times of peak congestion.
For more information about Charter's network management practices and policies, please see the Charter Network Management Practices Statement
6. Viruses. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, "Trojan horses", denial of service attacks, and bots. Charter will take appropriate (as decided by Charter's sole discretion) action against Users infected with computer viruses or worms to prevent further spread.
7. Enforcement. Charter reserves the right to investigate violations of this AUP, including the gathering of information from the Subscriber or other Users involved and the complaining party, if any, and the examination of material on Charter's servers and network. Charter prefers to advise Users of AUP violations and any necessary corrective action but, if Charter, in its sole discretion, determines that a User has violated the AUP, Charter will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. Charter is not liable for any such responsive action and these actions are not exclusive. Charter may take any other legal or technical action it deems appropriate.
8. No Waiver. The failure by Charter or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.
9. Revisions to Policy. Charter reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes on Charter's website at www.charter.com, under "Terms of Service/Policies," by email or by conventional mail, and will be effective immediately upon posting or sending. Subscribers should regularly visit Charter's website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber agreement and this Policy, the terms of this Policy will govern. Questions regarding this Policy should be directed to AUPQuestions@charter.com. Complaints of violations of it by Charter Subscribers can be directed to firstname.lastname@example.org.
Charter Internet Acceptable Use Policy - Residential Customers, Effective 10/01/2014
THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF CHARTER VOICE SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE GENERAL TERMS AND CONDITIONS FOR CHARTER RESIDENTIAL SERVICES, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Subscriber's use of Charter VoiceTM Service (also, "Voice Service") shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Any user who does not agree to be bound by the Terms of Service should immediately stop their use of Charter Voice Service and notify Charter's Customer Service Department at 1-888-438-2427 to terminate the Service. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. This is a binding legal document ("Agreement").
Charter regularly updates and amends these Terms of Service. Subscriber should consult Charter's website www.charter.com to be sure Subscriber remains in compliance.
1. Services Provided: Charter Voice Service provides unlimited calling within the United States, Puerto Rico, Canada, the US Virgin Islands and Guam in accordance with these terms and conditions. Charter Voice Service also offers optional international calling plans for direct-dialed calls made from the Subscriber's home to locations outside of the U.S., Puerto Rico, Canada, the US Virgin Islands and Guam. Subscribers must reside in an area where Charter is authorized to provide Voice Service and where, in Charter's sole discretion, it is technically and operationally feasible. Residential Voice Service is only intended for use by Subscriber, Subscriber's family and guests, and persons residing at Subscriber's residential premises, including persons temporarily subleasing Subscriber's residential premises.
2. Monthly Service Fee: Subscriber agrees to pay the monthly service charge for Charter Voice Service. Charter reserves the right to increase or decrease the fee for any Services offered. Fees for Charter Voice Service shall be posted in the applicable Price Guide at www.charter.com, under "Terms of Service/Policies." Charter Voice Service will be terminated in the event the Subscriber does not pay. Certain fees for Charter's Voice Service are based upon periodic studies that analyze the intrastate, interstate and international minutes of all customers purchasing a bundled Voice Service.
3. Voice Service Features: Charter standard Voice Service is offered with the following features:
a. Calling and Features: Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada, the US Virgin Islands and Guam. Anonymous Call Rejection, Repeat Dialing, Call Forward - Selective, Call Forward - Variable, Call Return, Caller ID, Caller ID on TV, Call Screening, Call Waiting, Call Waiting with Caller ID, Custom Ring, Selective Call Acceptance, Speed Dial 8, Three Way Calling, Directory Assistance, Directory Listed Numbers, Operator Services, Voice Mail, Distinctive Ring, Private Number Service, Speed Dial 30, Call Forwarding - Busy Line, and Call Forwarding - No Answer. Direct dialed calls outside of the U.S., Puerto Rico, Canada, the US Virgin Islands and Guam are available with per-minute charges or with one of Charter's International Calling Plans. Legacy customers who may subscribe to a plan other than Unlimited LD, can find a description of their plan in the Price Guide.
b. E911: Enhanced 911 (E-911) is a feature of Charter Voice Service that allows emergency operators to automatically receive the telephone number and address of the dialing party.
This E-911 feature has certain requirements in order to operate, as well as certain limitations:
i. The emergency service provider handling the E-911 call, and the address the emergency service provider will see, are linked to the service address Charter has on file when the Subscriber originally signed up for service. If the Subscriber does not correctly identify where the Subscriber's voice modem is actually located, or if the voice modem is moved away from the original service address, the Subscriber's 911 calls may be misdirected to the wrong location or to the wrong emergency service provider.
Therefore, in order to have 911 calls routed correctly, Subscriber agrees not to move the voice modem from the service address at which it was installed by Charter and acknowledges responsibility to promptly notify Charter of any change in service address prior to moving the voice modem.
ii. IMPORTANT - Keeping Your Phone Number When you Move: Please be aware that during the first 72 hours of arriving at Subscriber's new service address, if Subscriber dials 911 from their Charter Voice Service, Subscriber must relay to the emergency service operator the new (current) service address. This is necessary to ensure emergency services are dispatched to Subscriber's new service address and not the old service address in the event the emergency services operator may not have the new Registered Location in their records.
iii. Charter Voice Service does not have its own power supply. If there is a power outage, or if there is a disruption to the cable network or facilities, the Voice Service will not work. Subscriber expressly acknowledges that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services.
iv. If the Subscriber chooses, Subscriber may separately purchase a battery backup for use with the Voice modem by calling Charter at 1-888-438-2427. Each battery backup is designed to provide power for up to 8 hours (or 5 hours of "talk" time) for a power outage at Subscriber's residence that is not also a network-related outage.
v. In some locations, E-911 service may not yet be available. Such services are dependent on the equipment and facilities of the local governments in which Charter provides Voice Service. In such cases, 911 service will be available and Subscriber will need to convey the location information to the emergency operator.
c. Number of Lines: Subscribers to Charter Voice Service can purchase up to two (2) lines at their service address.
d. Professional Installation: Charter's Voice Service offers professional installation only. Professional installation includes activation of all existing working phone jacks or the installation and activation of one phone jack if there is not currently a working phone jack in Subscriber's residence. Additional wiring charges may apply if Subscriber requests additional jacks to be installed or activated. Additional charges may also apply for special construction needed to complete the installation. Charter also provides and installs a voice modem, or Multimedia Terminal Adaptor (MTA), that is used to communicate with our private communications network. Charter does not provide a handset. The Subscriber is responsible for maintaining all inside wire and phones within the home. The subscriber has the option of Charter's Wire Maintenance repair program that may help avoid costly repair charges. For a low monthly fee, we can provide repair service for your jacks and inside wiring. (The wiring must meet certified technical standards.) Wire maintenance is included in some bundles. For more information about Wire Maintenance Insurance, go online to Charter's Wire Maintenance plan information. In certain buildings such as multiple dwelling units, Charter's technicians may not have access to Subscriber's inside wiring located within the multiple dwelling unit. In these instances, Charter has the right to determine how best to wire the Subscriber's residence, subject to additional applicable charges.
e. International Calling: Charter Voice Service offers a per minute calling plan for direct-dialed calls made from the Subscriber's residence to locations outside of the U.S., Puerto Rico, Canada, the US Virgin Islands and Guam. A Subscriber who chooses to use this service will be charged for direct-dial international calls in addition to the flat monthly recurring rate that the Subscriber pays for Charter Voice Service. Charter's Voice Service also offers optional flat rate international calling plans for direct-dialed calls made from the Subscriber's residence to locations outside of the U.S., Puerto Rico, Canada, the US Virgin Islands and Guam. If you choose an international plan, you will be charged a flat monthly fee for direct-dial international calls in addition to the monthly recurring rate that you pay for Voice Service. After your monthly international calling plan minutes are used, unless your plan includes unlimited international calling, each additional minute will be charged at a per minute rate. For both per-minute international calling and international calling plans, calls are measured in increments of one minute. All calls which are a fraction of a minute are rounded up to the next whole minute. Timing on completed calls begins when the call is answered by the called party. Answering is determined when call signaling provided by the terminating local carrier, and/or any intermediate carrier(s), so indicate. Timing terminates on all calls when the calling party hangs up or when Charter's network receives a termination signal from the terminating local carrier and/or any intermediate carrier(s). Unused minutes per month do not roll over to the next month. You may access international rates and information about international calling plans online at International Calling Plans. Charter reserves the right to modify service features at any time.
f. Service Modifications: Charter may, from time to time, offer additional Service features or functionality, or discontinue certain Service, features or functionality. Information about these features or functions will be available in the applicable Price Guide at www.charter.com, under "Terms of Service/Policies." These additional Services, features or functions may be subject to additional specific terms and conditions, and may be subject to change at any time by Charter.
g. Caller Name: Charter Voice Service will associate the Subscriber's name on the Charter account to the telephone number to be displayed in association with Caller Name (CNAM) lookup services provided as part of the Service and other telecommunications service providers for all calls made from any of the Charter telephone numbers on the account. In the event that Subscriber wishes to modify the Caller Name, Subscriber agrees to the following: Caller Name submission(s) shall not mislead or impersonate any person or company; Caller Name submission(s) shall not contain false information and shall accurately represent the name of the person that subscribes to the Service and that is included in directory listings, if any; Caller Name submission(s) shall not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Charter, in its sole discretion; and Caller Name submission(s) shall comply with all relevant laws, rules and regulations.
4. Voice Service Limitations:
a. Service Outages: The Charter Voice Service modem is electrically powered and will not work in a power outage or if broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones and Services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 service and the use of Charter Voice Service as the connection between a home security system and central monitoring services. To reduce this risk, Subscriber may choose to purchase a battery backup for use in the event of a non-network related outage.
b. Home Security Systems: Although Charter Voice Service will supply a connection that will allow the operation of Subscriber's existing home security system, Charter does not guarantee that any such system will be in complete operational order following the installation of the Voice Service. As such, it is Subscriber's obligation to contact their home security system provider to inform them of Charter Voice Service installation, and any change in phone number, and to request a complete operational test of their system immediately following installation of the Voice Service. In addition, it is Subscriber's responsibility to test their system on a regular basis. In the event of a power outage or network outage (whether unplanned or maintenance related), your Voice Service, including any home security system which uses the Voice Service to connect to central station monitoring, will not function. As set forth in Section 3(b)(iv) above, Subscriber may separately purchase a battery backup for use with their voice modem in the instance of a non-network related outage.
Like any other communications service provider, we do not represent that our service is fail-safe. In addition, Charter prohibits the use of Charter Voice Service as the connection between medical alert systems and a central station monitoring, and will neither connect to such services nor provide technical support for the connection.
c. Additional Limitations:
i. Currently, certain operator-assisted services such as busy line verification and busy line interruption, dial around services (10-10-XXX), pay services (900 and 976 services), and third-party billing are not offered with the Voice Service.
ii. If Subscriber receives Voice Mail, Subscriber may be eligible for voice-to-text or voice-to-email ("Readable Voicemail") as part of the Voice Mail feature. As a result of the voice-recognition software used by Charter, some processed messages may not be fully transcribed and will appear as incomplete messages. In such cases, Subscriber may obtain the full message by listening to the voice mail message. As a condition of using the voice-to-text or voice-to-email feature, Subscriber consents to allow Charter, or its service vendors, to process those voice files and to use voice mail messages, and other data associated with such messages, to enhance and/or improve the feature.
iii. Charter's obligation to furnish Voice Services is dependent upon its ability to secure and retain, without unreasonable expense, suitable facilities and rights for the construction and maintenance of the necessary facilities and equipment. Charter may limit communications, refuse to provide Services or discontinue Services when necessary because of: (i) the lack of transmission medium, transmission capacity or any other facilities or equipment; (ii) the lack of available services from, or interconnection with, the services or facilities of service providers; or (iii) any cause beyond Charter's control.
iv. Charter shall use reasonable efforts to make Voice Services available by the estimated service date. Charter shall not be liable for any damages resulting from delays in meeting the estimated service date due to delays resulting from normal installation procedures. Such delays shall include, but not be limited to delays in obtaining right-of-way approvals, delays in actual construction work being done by Charter, including its contractors or representatives, and any delays due to any other service provider where Charter is relying upon such provider to meet an estimated due date which is beyond Charter's reasonable control.
v. Charter offers the use of its facilities for communications between Subscriber and other parties. Charter is not responsible, and shall have no liability, for any communications or miscommunications between Subscriber (including any users) and other parties (including operator-assisted and 911 calls).
vi. At Charter's discretion, facilities of other service providers may be used in establishing connections to points not reached by Charter's facilities. In establishing connections with other providers, Charter is not responsible or liable for any action or inaction of other service providers.
d. Equipment: Charter Voice Service requires a voice modem. Charter will supply a voice modem for so long as Subscriber remains a Voice Service Subscriber or until Charter changes this Service offering. Depending on the Charter Voice Service plan, there may be a monthly charge for the voice modem. Upon termination of Charter Voice Service for any reason, Subscriber may be asked to return the Charter-supplied voice modem within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee charged by Charter at the time the voice modem was supplied by Charter. An exception to this return policy is when the modem is also supporting Internet service, in which case Subscriber may continue to use the modem until such time as Internet is no longer provided or Charter requests a substitution of the modem. Equipment and facilities furnished by Charter to provide Voice Service (except for inside wiring and inside jacks) are the property of Charter. Telephone numbers assigned to Subscriber by Charter are portable and transferable with the Subscriber at the same location; however, Subscriber has no property right in telephone number(s) or any other call number designations associated with the Voice Services, and Charter may change such numbers as deemed necessary.
5. Term: Charter Voice Service shall continue until such time as terminated by Subscriber, which shall be effective upon notice, or terminated by Charter for breach (including nonpayment) of this Agreement or otherwise terminated by Charter in accordance with the Terms of Service.
6. Directory Listing: Charter Voice Service includes one (1) basic directory listing in an alphabetical white pages directory, arranged for by Charter, containing an alphabetical list of names, telephone numbers and addresses of all telephone customers in a particular geographic area set by the publisher. The alphabetical list of customer names is for the purpose of informing interested parties of the telephone number and address of listed customers, and special position or arrangement of names may be provided for an additional charge. Listings shall conform to the publisher's practices with respect to published directories. Charter limits the length of any listing in the directory by the use of abbreviations when, in Charter's opinion, the clearness of the listing or the identification of the customer is not impaired by doing so. Directory listings are regularly provided with the Voice Service unless Subscriber requests Private Number service. Private Number service may be requested by Subscribers who do not want their name, telephone number or address to appear in the directory, or be available to directory assistance. Exclusion from the directory is subject to various annual deadlines set by the publisher and Charter will use reasonable efforts to accommodate a Subscriber's request for Private Number service. The duration of directory listings, when the listings have been published, is the directory period. The directory period is from the day on which the directory is first distributed to customers to the day the succeeding directory is first distributed to customers. Charter's liability for directory listing errors or omissions is set out in Section 7, "Limitation of Liability."
7. Limitation of Liability:
a. Charter Voice Service is provided "AS IS." The liability of Charter, or its service vendors, for damages or losses arising out of the furnishing of Services hereunder, including but not limited to mistakes, omissions, interruptions, delays, errors or other defaults, representations or use of the Services, or arising out of the failure to furnish the Voice Service, including E-911/911 service, whether caused by acts of commission or omission, and/or loss of electrical power, shall be limited to an allowance prorated for the time period of the Voice Service interruption. Charter, including its service vendors, shall not be liable for any direct, indirect, special, consequential, exemplary or punitive losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries that a Subscriber, or its users, may suffer. Finally, Charter, and its service vendors, shall not be liable for any loss or interruptions in Service or for any damages or losses due to the fault or negligence of the Subscriber, any authorized user, or any other party or person(s), or due to the failure or malfunction of Subscriber-provided or user-provided equipment or facilities, or due to the failure of the Subscriber to fulfill any obligation under this Agreement.
b. Charter's liability for damages due to errors or omissions in directory listings will be limited to a credit equal to one month's recurring monthly fee for the Service (not including one time charges, measured and per-call charges and applicable taxes and fees). You agree to indemnify and hold Charter harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of a listing which you have requested to be omitted from the applicable white pages directory or the disclosing of such a listing to any person.
8. Indemnification: In requesting and accepting Charter Voice Service, the Subscriber agrees to indemnify and hold Charter, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (collectively, "Charter") harmless from and against any and all demands, claims, suits, attorney or witness fees, liabilities and other expenses for damages to property, bodily injury or death of any person arising from the installation and provision of Voice Service and/or Equipment, except such as was caused by the gross negligence (or equivalent behavior) or willful misconduct of Charter. The Subscriber agrees that Charter is not liable for any damages as a result of any loss of Voice Service, nor will the Subscriber make any claims or undertake any actions against Charter for loss of Voice Service. The Subscriber shall be solely responsible for any damage to or loss of Charter Equipment, unless such damage is caused by the negligence or willful misconduct of Charter. The Subscriber agrees to defend, indemnify and hold Charter harmless from any and all actions, claims, judgments, damages, demands, liabilities, and expenses, including (without limitation) reasonable attorney's fees, arising from or in connection with:
a. libel or slander resulting from any use of the Voice Service (a) by the Subscriber or (b) by any other person using the Services provided to the Subscriber;
b. any loss, damage, or destruction of any property or any personal injury (including death) not due to Charter's gross negligence (or equivalent behavior) or willful misconduct and caused, directly or indirectly, from the installation, operation, or other use of (or failure to use) the Voice Service or any Charter Equipment (i) in combination with services or equipment supplied by the Subscriber or any third party, or (ii) in an explosive or otherwise hazardous environment;
c. infringement of any patent, copyright, trademark, trade name, service mark or trade secret arising from: (i) the transmission of any material transmitted (a) by the Subscriber or (b) by any other person using the Services provided to the Subscriber; or (ii) from the combination of the Subscriber's use of the Voice Service with facilities or services provided by the Subscriber or obtained from third parties;
d. any unauthorized, unlawful, or fraudulent use of or access to the Service provided to the Subscriber, except as otherwise provided by applicable law; and
e. any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use, of the 911/E911 service features and the equipment associated therewith, or by any Services furnished by Charter in connection with the 911/E911 service, including but not limited to, the identification of the telephone number, address or name associated with the telephone used by persons accessing 911/E911 service thereunder, and/or which arises out of the negligence or other wrongful act of the Subscriber, the Subscriber's user(s), agencies or municipalities, or the employees or agents of any one of them.
9. Force Majeure: Charter shall not be liable for any failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electrical power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Charter, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
10. Installation: Charges for installation services and equipment will be charged at the then current rate in effect.
11. Taxes: Applicable fees and surcharges, if any, will be added to your monthly bill.
12. Proprietary Rights: Charter and/or its service vendors own all rights in and to the Services. Subscriber has a limited right to use the Voice Service in accordance with these Terms of Service. However, the Terms of Service do not grant Subscriber (or any user) any rights to, or interests in, patents, copyrights, database rights, trade secrets, trade names, trademarks or service marks (whether registered or unregistered), or any other rights or licensees related to Charter Voice Service (including all of its features) or any related documentation.
13. Prohibited Uses:
a. Non-Residential Use: Charter Voice Service may be used as a residential voice service only and may not be used for commercial purposes, including, but not limited to, telemarketing, call center services, medical transcription or facsimile broadcasting. In addition, auto-dialers and predictive dialers may not be used with Charter Voice Service. Charter Voice Service is intended to be used consistent with its intended normal residential use. For instance, unlimited voice plans are intended to be used for continuous live dialog between the Subscriber and a third party. Certain other activity such as excessive consistent usage, unusual call patterns, and lack of continuous dialog activity may be presumed indicative of use that is inconsistent with normal residential use of the Service in violation of these Terms of Service. Charter reserves the right to reclassify Subscriber's Voice Service from residential to business, and to immediately apply business rates in the event of misuse or excessive use of the Voice Service by Subscriber and/or any users of Subscriber's Voice Service.
b. Fraud: Charter may block calls that are made to certain countries, cities or telephone exchanges, or that use certain authorization codes if, in its sole discretion, Charter deems it reasonably necessary to prevent unlawful or fraudulent use of the Voice Service. The Subscriber is responsible for securing the Subscriber's telephone equipment, and Charter's Equipment located at Subscriber's premises, from being used to place fraudulent calls using Charter Voice Service provided to Subscriber. The Subscriber is also responsible for any fraudulent or unauthorized use of the Voice Service that occurs through the Subscriber's account regardless of who is responsible for such usage. The Subscriber shall be solely responsible for payment of all applicable charges for Voice Service provided by Charter and charged to the Subscriber's account, even where calls are originated by fraudulent means either from the Subscriber's Premises or from remote locations. Charter is not liable for any damages or fees, including toll usage charges, the Subscriber may incur as a result of unauthorized use of the Voice Service provided to Subscriber. Unauthorized use of the Subscriber's facilities may include, but is not limited to, the placement of calls from Subscriber's Premises and the placement of calls through the Subscriber's equipment that are transmitted or carried on Charter's network. Misuse of Service could include voice modem hijacking, excessive usage of International calling, 411 directory assistance calls and other per-use charges.
c. In addition, Charter reserves the right to discontinue Service when Subscriber or its users is using the Service in violation of law or the provisions of the Terms of Service.
14. Amendments: : Charter may, in its sole discretion, change, modify, add or remove portions of this Charter Residential Voice Service Agreement at any time. Charter may notify Subscriber of any such changes by posting notice of such changes on Charter's website at www.charter.com, under "Terms of Service/Policies", or sending notice via electronic mail or U.S. postal mail. The Subscriber's continued use of Charter Voice Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using the Voice Service and notify Charter that Subscriber is terminating the Voice Service. In addition, this Agreement is subject to change in compliance with applicable law.
15. Entire Agreement: This Agreement shall be posted along with the General Terms and Conditions for Charter Residential Services governing Subscribers' use of Charter Voice Service at www.charter.com, under "Terms of Service/Policies," and are the only terms and conditions that govern Charter Voice Service. No undertaking, representation or warranty made by any agent or representative of Charter in connection with the sale, installation, maintenance or removal of Voice Services shall modify or amend this Agreement or the General Terms and Conditions for Charter Residential Services.
THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF CHARTER CABLE SERVICE INCLUDE A BINDING ARBITRATION PROVISION SET FORTH IN THE GENERAL TERMS AND CONDITIONS OF SERVICE, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Subscriber's use of the Cable Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Any user who does not agree to be bound by these terms should immediately stop their use of Charter's Cable Service and notify Charter Customer Service 888-438-2427 to terminate the account. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. This is a legal binding document (the "Agreement").
Charter regularly updates and amends these Terms of Service. Subscriber should consult Charter's website www.charter.com to be sure Subscriber remains in compliance.
1. Monthly Subscription Services. Subject to and without abrogating Section 3 - "Charter Refund Policy/30-Day Guarantee" of the General Terms and Conditions for Services, Subscriber shall be responsible for the full monthly charge for those Cable Services that are offered on a monthly subscription basis to which the Subscriber has subscribed, regardless of Subscriber's termination of such monthly Cable Service prior to the conclusion of the respective subscription month.
2. Third Party Services: In addition to providing video programming and video-related services, and interactive television services, Charter's digital receiver may provide e-commerce and other services, as well as access to certain proprietary products of Charter. Through such other functions Subscriber may be able to subscribe to or access other services and transact other forms of electronic commerce such as purchasing third party products and services. Subscriber acknowledges that Subscriber may incur charges while using these services or while engaging in other forms of "e-commerce" (i.e. charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings using these functions). All such charges, including applicable taxes shall be paid by Subscriber and are not the responsibility of Charter.
3. Disruption of Cable Service: In no event shall Charter be liable for any failure or interruption of program transmissions or Cable Service resulting in part or entirely from circumstances beyond Charter's reasonable control (including without limitation, any interruption or degradation of Cable Service arising from Subscriber's interference, modification or tampering with the Cable Service of digital receiver connection). Subject to requirements under applicable law, credit may be given for qualifying outages.
4. Copying and Reproduction of Programs: Subscriber agrees that Subscriber shall use the programs, Cable Service, and other services provided by Charter solely for Subscriber's personal, non-commercial use and will not copy such programs, Cable Service, or other services except in compliance with applicable law.
5. Additional Charter Rights:
a. Charter has no obligation to monitor content or services accessible by means of Charter's cable system or the digital receiver; however, Subscriber acknowledges and agrees that Charter has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law or regulation, to operate its programming and data information services properly, or to protect itself or its Subscribers.
b. Charter shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of Charter's systems, Equipment, or Cable Service.
6. Term: Charter Cable Service shall continue until such time as terminated by Subscriber, which shall be effective upon notice, or terminated by Charter for breach (including nonpayment) of this Agreement or otherwise terminated by Charter in accordance with the General Terms and Conditions for Services.
a.Notwithstanding anything to the contrary herein, the Cable Service, including but not limited to all programming, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, data offerings and other services are subject to change in accordance with applicable law. Subscriber acknowledges and agrees that it has no right to receive, and Charter has no obligation to provide, any particular programming service or channel as part of the Cable Service and that Subscriber is not entering into this agreement or purchasing the Cable Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of the Cable Service.
b.Notwithstanding anything to the contrary herein, for the avoidance of doubt, and without limiting or abrogating any other rights Charter may have under the General Terms and Conditions for Service, in the event particular programming becomes unavailable, either on a temporary or permanent basis, due to a dispute between Charter and a third party programmer, Charter shall not be liable for compensation, damages (including compensatory, direct, indirect, incidental, special, punitive or consequential losses or damages), credits or refunds of fees for the missing or omitted programming. Subscriber's sole recourse in such an event shall be termination of the Cable Service in accordance with the General Terms and Conditions for Service. The provisions of this paragraph shall not apply to programming to which a Subscriber subscribes on an a la carte basis (i.e. channels that are not part of a package or tier); provided, however, in that event Charter may provide to Customer a pro rata credit of amounts pre-paid for the specific programming to which Subscriber subscribes on an a la carte basis.
9. Disclaimer: Charter assumes no liability for any program, services or information distributed over the cable system and/or Charter's digital receiver unless locally produced by Charter. Charter shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the cable system or Charter's digital receiver, unless such products, merchandise or prizes are provided directly by Charter.
10. Parental Control: A Parental Control feature is available to prevent children from watching certain programming. Subscriber may place channels under Parental Control by blocking out a channel number and/or program rating on the digital receiver. The starter kit manual provided with the Cable Service includes instructions on how to implement and monitor the Parental Control features. Should Subscriber deactivate the Parental Control feature, even for one channel or event, this will deactivate the Parental Control feature for all other channels that were previously locked out. Subscriber will then have to reactivate the Parental Control to again block out the desired channels. It is recommended that Subscriber occasionally verify that the Parental Control feature is activated and operational.
11. Prohibited Uses and Activities: The Subscriber shall not use Charter's Equipment, or the Cable Service for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in their course of dealings with Charter, including but not limited to:
a.invading another person's privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable;
b.redistributing or retransmitting the Cable Service, or any portion thereof, or transmitting or distributing the Cable Service, or any portion thereof, to persons outside the service location on Subscriber's account;
c.modifying, disrupting, unauthorized relocation of or tampering with Charter's Equipment, including but not limited to, tampering with the seal on the digital receiver, the access card or any of Charter's services;
d.connecting or attaching equipment to the Cable Service with the intended purpose to distribute the Cable Service in an unauthorized manner;
e.restricting, inhibiting or otherwise interfering with the ability of any other Charter subscriber to use or enjoy any Charter service, the Cable Service, or the Internet.
f.reselling the Charter Service or services;
g.conducting a pyramid or other illegal soliciting scheme;
h.impersonating any person or entity or forging anyone else's digital or manual signature; or
i.harassing, threatening, or otherwise verbally abusing Charter employees or its agents.
Engaging in one or more of these activities may result in termination of this Agreement. This Section 11 shall not in any way limit Charter rights of termination pursuant to any other provision of this Agreement or the General Terms and Conditions for Service.
12. License Requirements: Subscriber agrees to comply with all end user license requirements relative to any of the services which Subscriber accesses pursuant to the terms of this Agreement. Subscriber may not decompile, reverse engineer, disassemble, modify, create derivative works of, or in any way derive any source code from the Cable Service, or any portion thereof including Charter software or third party software made available through or in connection with the Cable Service. Subscriber agrees not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the Cable Service.
13. Limitation of Liability: Any information sent by the Subscriber utilizing the functions of Charter Equipment is sent at the Subscriber's sole risk, and Charter shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber. Without limitation of the foregoing, Subscriber acknowledges and agrees that Charter shall not be liable for any use of Subscriber's information provided to third parties in connection with Subscriber's use of the Cable Services or other third party services or functions available through the Cable Service. Charter shall not be liable or responsible for any errors, losses, or interruptions in connection with Subscriber's use of the Cable Service, and any features or functionalities thereof, including but not limited to intermittent service, erroneous deletions, failed or misdirected recordings, and inability to schedule recordings.
a.Subscriber is responsible for any misuse of Charter's Equipment, the Cable Service, or any third party services to which Subscriber has subscribed, even if the inappropriate activity was committed by a friend, family member, guest, employee or Subscriber with access to Subscriber's account. Therefore, Subscriber must take steps to ensure that others do not gain unauthorized access to Charter's Equipment, Cable Service or third party services. For example, Subscriber must secure any wireless home network used in connection with the Cable Service by requiring passwords or similar means of restricting access to such network.
b.Subscriber agrees to maintain the security and confidentiality of Subscriber's usernames and passwords or similar credentials that enable Subscriber to access the Cable Service. Subscriber further agrees not to disclose such credentials to any third party. Without limitation of the foregoing, Subscriber agrees that Subscriber shall not disclose such credentials to third parties to enable them to access the Cable Service or programming that may be made available to Subscriber outside the home.
c.The Equipment, Cable Service or third party services may not be used to breach the security of another Charter subscriber or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. Use or distribution of tools designed for compromising security is prohibited.
15. Closed Captioning: Information regarding closed captioning issues is available online at Closed Caption Information.
16. Choice of Law: This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
18. Entire Agreement: This Agreement as supplemented by the General Terms and Conditions for Service, constitute the entire agreement between the Subscriber and Charter for the Cable Service. No undertaking, representation or warranty made by any agent or representative of Charter in connection with the sale, installation, maintenance or removal of the Cable Service or Charter Equipment shall be binding on Charter except as expressly included herein.
19. Amendment: Charter may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. Charter may notify Subscriber of any such changes to this Agreement by posting notice of such changes on Charter's website at www.charter.com, under "Terms of Service/Policies," using the features of the Charter digital receiver, or sending notice via bill statement, text, e-mail, postal mail, or other reasonable means. The Subscriber's continued use of the Cable Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using Charter Equipment and the Cable Service and notify Charter that Subscriber is terminating this Agreement in accordance with the General Terms and Conditions for Service.
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