Terms of Service/Policies
The links below provide you access to Charter's current policies & agreements.
Residential Services Terms and Conditions
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 email@example.com.
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.
By clicking on "I agree" below, I am confirming my understanding of Charter's residential terms and conditions.
Spectrum Business Service Terms and Conditions (Spectrum Business)
1. AGREEMENT TERM. This Agreement shall terminate upon the lawful termination of the final existing Service Order entered into under this Agreement.
2. SERVICE. Charter shall provide the Services during the Service Period to Customer at the site(s) identified in the Service Order(s). "Service Period" is the time period starting on the date the Services are functional in all material respects and available for use (the "Turn-up Date"), and continuing for the number of months specified in the Service Order(s).
3. STANDARD PAYMENT TERMS. Customer shall pay fees and charges for the Services in the amount specified on the Service Order in accordance with this Agreement. A one-time charge ("OTC") is a nonrecurring fee for construction, Service installation charge(s), repair, replacement, or any other nonrecurring costs or charges. "Equipment" means the components (e.g., any gateway or edge electronic device, node, router, switch, communications lines/cables, etc.) that make up the Network. "Network" means all of the physical elements necessary to provide the Services.
(a) Charges. Customer shall pay all charges associated with the Service(s), as set forth or referenced in the applicable Service Order(s) or invoiced by Charter. These charges may include, but are not limited to a monthly service fee ("MSF"), nonrecurring fees for construction, installation, repair, replacement or other one-time charges ("OTC"), usage charges such as, pay-per-view charges, and applicable federal, state, and local taxes, fees, surcharges and recoupments (however designated), MSFs shall be subject to increases attributable to programming, license, copyright, retransmission and/or other similar costs imposed upon Charter, Charter shall provide not less than thirty (30) days prior notice to Customer of any MSF change.
(b) Taxes, Surcharges, and Fees. Customer shall pay any sales, use, property, excise or other taxes, franchise fees, and governmental charges (excluding income taxes) arising under this Agreement, in addition to any surcharges that may be imposed as may be permitted under and consistent with applicable law. A copy of Customer's tax exemption document, if applicable, must be provided to Charter to certify tax-exempt status. Tax-exempt status shall not relieve Customer of its obligation to pay any applicable franchise fees. Charter reserves the right from time to time to change the surcharges for Services under this Agreement to reflect the charges or payment obligations imposed on Charter which Charter is permitted or required under applicable law to pass through to Customer (e.g., universal service fund ("USF") charges, franchise fees etc.).
(c) Change Requests. Any charges associated with Service and Equipment installations, changes, or additions requested by Customer subsequent to executing a Service Order for the applicable site are the sole financial responsibility of Customer. Charter shall notify Customer, in writing, of any additional OTCs and/or adjustments to MSFs associated with or applicable to such Customer change requests prior to making any such additions or modifications. Customer's failure to accept such additional charges within three days of receiving such notice shall be deemed a rejection by Customer, and Charter shall not be liable to perform any work giving rise to such charges. For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MSFs either (i) in advance of implementation of the change request or (ii) beginning on Customer's next and/or subsequent invoice(s).
(d) Site Visits and Repairs. If Customer's misuse, abuse or modification of the Services, Equipment or Network results in a visit to the Customer site for inspection, correction or repair, Charter may charge Customer a site visit fee as well as charges for any resulting Equipment or Network repair or replacement, which may be necessary.
(e) Invoicing Errors. Customer must provide written notice to Charter of any invoice errors or disputed charges within 30 days of the invoice date on which the errors and/or disputed charges appear for Customer to receive any credit that may be due. Customer must have and present a reasonable basis for disputing any amount charged.
(f) Late Fees. Undisputed amounts not paid within 30 days of the invoice date shall be past due and subject to a late fee of not more than 1.5% per month or the maximum amount permitted by law.
(g) Non-payment. If Services are suspended due to late payment, Charter may require that Customer pay all past due charges, a reconnect fee, and one or more MSFs in advance before reconnecting Services.
(h) Collection Fees. Charter may charge a reasonable service fee for all returned checks and bank card, credit card or other charge card charge-backs. Customer shall be responsible for all expenses, including reasonable attorney fees and collection costs, incurred by Charter in collecting any unpaid amounts due under this Agreement.
(i) Bundled Pricing. If Customer has selected a Spectrum Business Bundle ("SBB") specifically, the following conditions shall apply:
i. In consideration for Customer's purchase of all Services in the SBB and only with respect to that period of time during which Customer continues to purchase such SBB, Charter shall apply a discount to the Services ordered under the applicable Service Order(s). Such discount has been applied to the Services included in Charter's bundled pricing offer and is reflected in the MSF for such Services.
ii. Upon discontinuation or termination by Customer of any component of a Service of the applicable SBB, the pricing for the remaining Services shall revert to Charter's a la carte pricing for such Services in effect at the time. Termination liability applicable to the Services under this Agreement shall otherwise remain unchanged.
4. SERVICE LOCATION ACCESS AND INSTALLATION.
(a) Access. Charter will require reasonable access to each service location listed on a Service Order ("Service Location") as necessary for Charter to review, install, inspect, maintain or repair any Equipment or Materials necessary to provide the Services. If Customer owns or controls the Service Location(s), Customer grants Charter permission to enter the Service Location(s) for the exercise of such right. If a Service Location is not owned and/or controlled by Customer, Customer will obtain, with Charter's assistance, appropriate right of access. If such right of access for Charter is not obtained by either party, then Charter's obligations with respect to such Service Location shall be considered null and void.
(b) Installation Review; Subsequent Interference. Charter may perform an installation review of each Service Location prior to installation of the Services. Upon request, Customer shall provide Charter with accurate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility service maps, prior to the installation review. If Charter determines that safe installation and/or activation of one or more of the Services will have negative consequences to Charter's personnel or Network or cause technical difficulties to Charter or its customers, Charter may terminate the Service Order effective upon written notice to Customer or may require Customer to correct the situation before proceeding with installation or activation of the Services.
If during a Service Period, or any renewal thereof, (i) proper operation of Equipment or provision of a Service is no longer unhindered or possible as a result of interference or obstruction due to any cause other than Charter or (ii) such interference/obstruction or its cause may endanger, hinder, harm or injure Charter's personnel or Network and/or cause technical difficulties to Charter or its customers, Charter may terminate the affected Service Order(s) without liability upon written notice to Customer.
(c) Site Preparation. Customer shall be responsible for necessary preparations at its location(s) for delivery and installation of Equipment and the installation and ongoing provision of Services, including the relocation of Customer's equipment, furniture and furnishings as necessary to access the Equipment or Services. Upon request, Customer shall provide any available electrical, utility service, and/or general physical network diagrams or maps prior to installation or maintenance work to be undertaken by Charter.
(d) Installation. Charter will schedule one or more installation visits with Customer. Customer's authorized representative must be present during installation. If during the course of installation Charter determines additional work is necessary to enable Charter to deliver the Services to the Service Location, Charter will notify Customer of any additional OTCs. If Customer does not agree to pay such OTCs by executing a revised Service Order within five business days of receiving the same, Customer and Charter shall each have the right to terminate the applicable Service Order. Customer shall connect Customer's computer or network to applicable Charter-provided Equipment to enable access to the Services. Charter shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation.
(e) Ongoing Visits. Charter will need periodic access for inspection, operation and maintenance of the Network. Except in emergency situations, Charter will obtain approval from Customer (not to be unreasonably withheld or delayed) before entering Customer Premises. At Charter's request, Customer, or a representative designated by Customer, will accompany Charter's employees or agents into any unoccupied unit for any purpose relating to the Equipment.
5. EQUIPMENT AND MATERIALS.
(a) Responsibilities and Safeguards. Except as otherwise provided in this Agreement or any Service Order(s), neither party shall be responsible for the maintenance or repair of cable, electronics, structures, Equipment or materials owned by the other party; provided, however, that subject to the indemnification limitations set forth in this Agreement, each party shall be responsible to the other for any physical damage or harm such party causes to the other party's personal or real property through the damage - causing party's negligence or willful misconduct.
i. Safeguard Equipment against others;
ii. Not add other equipment nor move, modify, disturb, alter, remove, nor otherwise tamper with any portion of the Equipment;
iii. Not hire nor permit anyone other than personnel authorized by Charter acting in their official capacity to perform any work on Equipment; and
iv. Not move nor relocate Equipment to another location or use it at an address other than the Service location without the prior written consent of Charter.
Any unauthorized connection or other tampering with the Services or Equipment shall be cause for immediate suspension of Services, termination of this Agreement and/or legal action, and Charter shall be entitled to recover damages, including the value of any Services and/or Equipment obtained in violation of this Agreement in addition to reasonable collection costs including reasonable attorney fees. Should any antenna, or signal amplification system for use in connection with communication equipment hereafter be installed on the Premises which interferes with the Services, Charter shall not be obligated to distribute a signal to the Premises better than the highest quality which can be furnished without additional cost to Charter as a result of such interference, until such time as the interference is eliminated.
(b) Customer Security Responsibilities. Customer shall be responsible for the implementation of reasonable security measures and procedures with respect to use of and access to the Service and/or Equipment. Charter may suspend the Services upon learning of a breach of security and will attempt to contact Customer in advance, if practicable.
(c) Ownership. Notwithstanding any other provision contained in this Agreement to the contrary, all Equipment and materials installed or provided by Charter are and shall always remain the property of Charter, shall not become a fixture to the Premises, and must be returned to Charter at any time Services are disconnected in the condition in which they were received subject to ordinary wear and tear. Customer will not sell, lease, assign nor encumber any Equipment. Customer shall not obtain or acquire title to, interest or right (including intellectual property rights) in the Service or Equipment other than to the limited extent of use rights expressly granted under this Agreement.
(d) Equipment Return, Retrieval, Repair and Replacement. Immediately upon termination of this Agreement and/or Service Order(s) ("Termination"), at the discretion of Charter, Customer shall return, or allow Charter to retrieve, the Equipment supplied by Charter to Customer. Failure of Customer to return, or allow Charter to retrieve, Equipment within 10 days after Services are terminated will result in a charge to Customer's account equal to the retail cost of replacement of the unreturned Equipment. Customer shall pay for the repair or replacement of any damaged Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material/workmanship defects, together with any costs incurred by Charter in obtaining or attempting to regain possession of such Equipment, including reasonable attorney fees.
6. ADMINISTRATIVE WEB SITE. Charter may, at its sole option, make one or more administrative web sites available to Customer in connection with Customer's use of the Services (each an "Administrative Web Site"). Charter may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Web Site. Customer shall be responsible for the confidentiality and use of such user identifications and/or passwords and shall immediately notify Charter if there has been an unauthorized release, use or other compromise of any user identification or password. In addition, Customer agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the Administrative Web Site. Customer shall be solely responsible for all use of the Administrative Web Site, and Charter shall only be entitled to rely on all Customer uses of and submission to the Administrative Web Site as authorized by Customer. Charter shall not be liable for any loss, cost, expense of other liability arising out of any Customer use of the Administrative Web Site, Charter may change or discontinue the Administrative Web Site, or Customer's right to use the Administrative Web Site, at any time. Additional terms and policies may apply to Customer's use of the Administrative Web Site. These terms and policies will be posted on the site.
7. VIDEO, MUSIC AND CONTENT SERVICE. This Video, Music and Content Service Section shall only apply if Video, Music and Content Services are included in a Service Order under this Agreement; however, continued use or reception of the Video Services is subject to the provisions of this Agreement.
(a) Music Rights Fees. Customer is responsible for and must secure any music rights and/or pay applicable fees required by the American Society of Composers, Authors & Publishers (ASCAP), Broadcast Music, Inc. (BMI) and SESAC, Inc. (SESAC) or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate relating to Customer's transmission, retransmission, communication, distribution, performance or other use of the Services.
(b) Premium and Pay-Per-View. Customer may not: (i) exhibit any premium Services such as HBO or Showtime in any public or common area; (ii) order or request Pay-Per-View (PPV) programming for receipt, exhibition or taping in a commercial establishment; or (iii) exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Charter's prior written consent.
(c) HD Formatted Programming. If Customer has selected High Definition ("HD") formatted programming, Customer is responsible for provision, installation and maintenance of the receiving equipment and/or facilities necessary for its reception and display. Any failure of Customer to fulfill the foregoing obligation shall not relieve Customer of its obligation to pay the applicable MSFs or OTCs for the HD formatted programming.
(d) Provision of Service. Without notice, Charter may preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of the advertised programming comprising, packaging of, line-up applicable to, and/or distribution of its Video Services.
(e) Restrictions. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the Services (or any part thereof); or (ii) transmit the Services by any television or radio broadcast or by any other means or use the Services outside the Service Location. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and/or civil liability and damages under applicable copyright and/or trademark laws. With respect to the music programming comprising a portion of the Services, Customer shall not, and shall not authorize or permit any other person to, do any of the following unless Customer has obtained a then-current music license permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the Services are being performed or are to be performed; (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the Services; or (iii) insert any commercial announcements into the Services or interrupt any performance of the Services for the making of any commercial announcements.
8. INTERNET ACCESS SERVICE. This Internet Access Service Section shall only apply if Internet Access Services are included in a Service Order under this Agreement; however, continued use of the Internet Service shall be subject to the provisions of this Agreement.
(a) Customer shall (i) maintain certain minimum equipment and software to receive the Service (see www.business.spectrum.com (or the applicable successor URL) for the current specifications); (ii) ensure that any person who has access to the Internet Services through Customer's computer(s), Service Location, facilities or account shall comply with the terms of this Agreement, (iii) be responsible for all charges incurred and all conduct, whether authorized or unauthorized, caused by use of Customer's computers, service locations, facilities or account using the Internet Services.
(b) Internet Service Speeds. Charter shall use commercially reasonable efforts to achieve the Internet speed selected by Customer on the Service Order, however, actual Internet speeds may vary. Many factors affect speed including, without limitation, the number of workstations using a single connection.
(c) Electronic Addresses. All e-mail addresses, e-mail account names, and IP addresses ("Electronic Addresses") provided by Charter are the property of Charter. [Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses]
(d) Changes of Address. Charter may change addressing schemes, including e-mail and IP addresses.
(e) No Liability for Risks of Internet Use. The Service, Charter's network and the Internet are not secure, and others may access or monitor traffic.
(f) No Liability for Purchases. Customer shall be solely liable and responsible for all fees or charges for online services, products or information. Charter shall have no responsibility to resolve disputes with other vendors.
(g) Blocking and Filtering. Customer assumes all responsibility for providing and configuring any "firewall" or security measures for use with the Service. Except to the extent set forth in the Supplemental Spectrum Business Security Service Section, Charter shall not be 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 Customer's computer(s) and/or data even if Customer 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 such acts or occurrences.
(h) Acceptable Use Policy. Customer shall comply with the terms of Charter's Acceptable Use Policy ("AUP") found at www.business.spectrum.com (or the applicable successor URL) and that policy is incorporated by reference into this Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Charter with or without notice to Customer. Charter may suspend Service immediately for any violation of the Charter AUP.
9. SUPPLEMENTAL SERVICES. The following Subsections shall only apply in the event the referenced supplemental service has been selected by and are being delivered to Customer. The supplemental services (also "Services") may be made up of software and hardware components. Charter shall ensure the supplemental services are operational and updated from time-to-time based on manufacturer-sent updates. Except to the limited extent described in the foregoing sentence, Charter makes no warranties of any kind (express or implied) regarding the supplemental services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose). Charter does not have title to and is not the manufacturer of any software or hardware components of the supplemental services nor is Charter the supplier of any components of such software or hardware. Customer shall return or destroy all software components provided to Customer upon the termination of the applicable Service Order, and in the case of the destruction thereof, shall, upon request, provide Charter with certification that such components have been destroyed.IN NO EVENT SHALL CHARTER BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY SUPPLEMENTAL SERVICES.
(a) Hosting. This Hosting Service subsection shall only apply if one of Charter's Hosting Services ("Hosting") is included as part of the Service in a Service Order under this Agreement. Charter will provide to Customer Hosting Service in accordance with the specifications associated with the plan Customer has selected on the Service Order.
i. Hosting Software. The Hosting Service will permit access to a variety of resources available from selected third parties, including developer tools, communication forums and product information (collectively, "Hosting Software"). The Hosting Software, including any updates, enhancements, new features, and/or the addition of any new Web properties, may be subject to and Customer shall comply with applicable product use rights/end user license agreements between such third parties and Customer. Without abrogating or limiting anything set forth in the Sections: Internet Access Service, this Section, No Third-Party Support, Customer Use or Performance, Charter (not the manufacturer) shall provide technical support for Hosting Service, but version changes of any such software compatibility and/or suitability with any other Customer provided software shall be Customer's responsibility. Customer hereby consents to the disclosure to the provider of Third Party Software, of Customer's name and any other necessary information for the limited purpose of licensing rights. Customer shall not use Hosting Service for or in connection with any high risk use or activity such as aircraft or other modes of human mass transportation, nuclear, or chemical facilities, or Class III medical devices under the Federal Food, Drug, and Cosmetic Act. COPYING OR REPRODUCTION OF THE HOSTING SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS APPROVED IN WRITING BY CHARTER.
ii. Domain Names. Customer shall be solely responsible for registering for or renewing a desired domain name. Charter does not guarantee that Customer will be able to register or renew a desired domain name.
iii. Specification Limitations. Individual websites may not at any time exceed the Hosting specifications identified on the applicable Service Order. If Customer's Hosting account exceeds the applicable specifications or is adversely impacting Charter's network or server(s), Charter may (i) contact Customer to resolve the issues; or (ii) if Customer has exceeded the then-applicable specifications in any given month, upgrade account on the next available billing cycle to the next service level tier or suspend or of terminate the Hosting Service.
Notwithstanding anything to the contrary, if Customer's use of the Hosting Service is causing an adverse impact on Charter's network or servers, Charter may suspend or terminate the Hosting Service without notice.
iv. Limitation of Charter-provided Services. Certain services are not provided by Charter as part of the Hosting Service (e.g., Charter does not provide nor offer webpage creation, development, design or content services).
v. Hosting Fees. The applicable Service Order sets forth the MSFs for the Hosting Service. Customer is responsible for payment whether or not the hosting platform is used and whether or not it functions properly, unless such failure is caused by Charter.
vi. Content Liability and Use Restrictions. Charter exercises no control over the content of the information passing through Customer's site(s) and it is Customer's sole responsibility to ensure that Customer and Customer's users use of the Hosting Service complies at all times with all applicable laws and regulations and the AUP. Charter shall have the right to disclose any and all available information collected from Customer to law enforcement authorities upon written request by such authorities. Information that may be disclosed includes IP addresses, account history, and files stored on servers used to provide the Hosting Service. If Customer engages in any of the following prohibited activities, Charter shall have the right to suspend or terminate the Hosting Services and/or this Agreement:
1. The hosting of unlicensed software.
2. Use of software or files that contain computer viruses or files that may harm user's computers;
3. Any attempt or actual unauthorized access by Customer or through Customer's equipment to any Charter website or the website of any Charter customer;
4. The collection or any attempt to collect personally identifiable information of any person or entity without his, her or its express written consent. Customer shall maintain records of any such written consent throughout the term of this Agreement and for three years thereafter;
5. Any action or inaction which is harmful or potentially harmful to the Charter server structure;
6. Running a banner exchange, free adult thumbnail gallery post and/or free adult image galleries on your website; or
7. Inclusion of sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites, users or providers.
vii. Impositions on Customer's End Users. Customer is responsible for charging and collecting from its end users any and all applicable taxes. If Customer fails to impose and/or collect any tax from its end users then, as between Charter and Customer, Customer shall be liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax. Customer shall indemnify and hold the Charter Indemnified Parties (defined below) harmless for any costs incurred or taxes or fees paid due to actions taken by the applicable taxing authority to collect any such tax from Charter due to Customer's failure to comply with this Section.
(b) SB Security Service - Desktop and Managed. Charter's managed security service, SB Managed Security, and desktop security service, SB Desktop Security (collectively, "SB Security Service") are each made up of software and hardware components. Charter shall ensure that the selected SB Security Service(s) is/are operational and updated from time-to-time based on manufacturer-sent updates. Charter is not the manufacturer of any software or hardware components of either Spectrum Business Security Service nor is Charter the supplier of any components of such software or hardware.
(c) SB Back-Up Service. For Charter's data storage service ("SB Back-up"), Customer shall be assessed applicable OTCs and MSFs which shall be based upon Customer's selection of version retention quantity and storage tier (e.g., five gigabits). The version retention quantity selected specifies the maximum number of separate versions of a document that will be retained (running in sequential order based on the last version created). For example, if Customer has selected "seven" as the version retention quantity, Customer will be able to access the last seven versions of a particular document. In addition to OTCs and MSFs, monthly storage overage fees shall apply each month Customer exceeds the respective subscribed storage level. Additional OTCs and MSFs also apply to Customer-requested media and/or professional services.
Charter is not the manufacturer or supplier of any SB Back-Up software components. Customer shall be responsible for updating SB Back-Up from time-to-time based on updates provided by the software manufacturer, and any failure of Customer to perform such updates shall relieve Charter from any responsibility to ensure that SB Back-Up remains operational.
If the functionality of SB Back-Up cannot be maintained by Charter, Charter shall have the right to discontinue providing the Service immediately and Charter shall credit Customer's account for any pre-paid MSFs attributable to the Service, except where such lack of functionality is caused by Customer or any end user gaining access to the Service through Customer's facilities, equipment, or point of access. Customer shall not be relieved of its responsibility to continue to pay for SB Back-Up in the event SB Back-Up does not function properly as a result of Customer's failure to install and configure the software, activate the service or install manufacturer-provided updates. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT (1) IT IS CUSTOMER'S SOLE RESPONSIBILITY TO CREATE AND RETAIN THE SB BACK-UP PASSWORD THAT IS NECESSARY FOR ACCESS TO ANY DATA STORED VIA THE SB BACK-UP SERVICE AND (2) CHARTER HAS NO ACCESS TO AND DOES NOT KNOW NOR KEEP ANY RECORD OF THE PASSWORD CREATED BY CUSTOMER. FAILURE BY CUSTOMER TO RETAIN CUSTOMER'S SB BACK-UP PASSWORD SHALL RESULT IN COMPLETE LOSS OF ACCESSABILITY TO DATA STORED VIA SB BACK-UP.
10. DATA NETWORKING (aka "DATA TRANSPORT"). Charter will provide Data Networking Services for Customer locations connected over coaxial and/or fiber-optic cable. Connectivity is established between two or more customer end-points under a unique customer topology. Charter will install the coaxial or fiber-optic cable into each Customer site as listed in the Service Order(s). Charter will also supply an edge device at each site that will be capable of receiving the Service as specified in the Service Order(s).
i. Charter will terminate fiber-optic cable on a patch panel or provide a coaxial outlet at an agreed upon minimum point of penetration (MPOP) up to 50 feet within each facility (unless otherwise specified in the Service Order). If the hand-off point of the Data Networking Service at Customer's premise exceeds this distance, Customer may be responsible for any additional costs for internal wiring.
ii. Customer will make available to Charter a building ground connection at each location that meets current electrical codes for the placement of a fiber-optic patch panel and/or coaxial outlet. Unless otherwise specified in the applicable Service Order, is recommended that Customer provide a separate 20 Amp 110V AC circuit for the edge electronics, which is powered by a UPS system. Customer-supplied routing will be necessary for communication between each Service Location.
iii. If Customer has selected "Monitoring" for a Service, Charter shall monitor the Services 24 hours a day, seven days a week. Customer shall contact the Spectrum Business Network Operations Center at 1-866-603-3199 or subsequent number to report Data Networking Service problems. Additional fees may apply for Monitoring over coaxial cable.
iv. In the event Customer is receiving Data Networking Services: Optical Ethernet EP-LAN or EVP-LAN, Charter recommends that the Customer place a router at each ingress/egress point (on Customer's side of the demarcation), which will reduce the number of customer media access control ("MAC") addresses which must be learned by Charter's network (aka 'masking') in order to be conveyed. In the event Customer chooses not to place a router on its side of the demarcation, Charter will place limitations on the number of MAC addresses that will be learned by Charter's network and, in circumstances where the customer exceeds these limitations, some Customer network traffic will be denied from entering Charter's network. Additional monthly fees will be applied if the number of MAC addresses on a given EVC (Ethernet Virtual Connection) exceeds 500, and Charter will not allow more than 1000 MAC addresses onto the network.
11. NO THIRD-PARTY HARDWARE OR SOFTWARE SUPPORT. Customer is responsible for the installation, repair and use of Customer-supplied third-party hardware and/or software. For purposes of this Agreement the Hosting Software shall be considered third party software. Charter does not support third-party hardware or software supplied by Customer. Any questions concerning third-party hardware or software should be directed to the provider of that product. Charter assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third party software, any Customer-supplied hardware or software with the Services. If such third-party equipment or software impairs the Services, Customer shall remain liable for payments as agreed (if any) without recourse for credit or prorated refund for the period of impairment. Charter has no responsibility to resolve the difficulties caused by such third-party equipment or software. If, at Customer's request, Charter should attempt to resolve difficulties caused by such third-party equipment or software, such efforts shall be performed at Charter's discretion and at then-current commercial rates and terms.
12. CUSTOMER USE. Customer shall not re-sell or re-distribute access to the Service(s) or system capacity, or any part thereof, in any manner without the express prior written consent of Charter. Customer shall not use or permit third parties to use the Service(s), including the Equipment and software provided by Charter, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. Customer shall not interfere with other customers' use of the Equipment or Services or disrupt the Charter Network, backbone, nodes or other Services. Violation of any part of this Section is grounds for immediate Termination of this Agreement and/or all Service Orders in addition to any other rights or remedies Charter may have.
13. PERFORMANCE. Charter will use commercially reasonable efforts in keeping with normal industry standards to ensure that the Service is available to Customer 24 hours per day, seven days per week. It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time-to-time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Charter's reasonable control. Temporary service interruptions/outages for such reasons, as well as service interruptions/outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Charter to perform its obligations under this Agreement, and Customer will not hold Charter at fault for loss of Customer revenue or lost employee productivity due to Service outages.
14. DEFAULT; SUSPENSION OF SERVICE; TERMINATION. No express or implied waiver by Charter of any event of noncompliance shall in any way be a waiver of any further subsequent event of noncompliance. Nothing herein, including Termination, shall relieve Customer of its obligation to pay Charter all amounts due.
(a) Default by Customer. Customer shall be in default under this Agreement if Customer does one or more of the following things (each individually to be considered a separate event of default) and Customer fails to correct each such noncompliance within 30 days of receipt of written notice ("Default"):
i. Customer is more than 30 days past due with respect to any payment required hereunder;
ii. Customer otherwise has failed to comply with the terms of this Agreement or any other Service Order(s) incorporated herein.
(b) Termination for Convenience. Notwithstanding any other term or provision in this Agreement, Customer shall have the right to terminate a Service Order, or this Agreement in whole or part, at any time upon thirty (30) days prior written notice to Charter, and subject to payment of all outstanding amounts due, any applicable Termination Charges, and the return of any Charter Equipment.
(c) Charter's Right to Terminate and Termination Charge. If Customer is in Default, Charter shall have the right, at its option, without prior notice, and in addition to any other rights of Charter expressly set forth in this Agreement and any other remedies it may have under applicable law to:
i. Immediately suspend Services to Customer until such time as the underlying noncompliance has been corrected without affecting Customer's on-going obligation to pay Charter any amounts due under this Agreement (e.g., the MSFs) as if such suspension of Services had not taken place;
ii. Terminate the Services, this Agreement or the applicable Service Order(s).
If Termination is due to Customer Default or is elected/done by Customer for convenience, Customer must pay Charter a Termination charge (a "Termination Charge"), which the parties recognize as liquidated damages. This Termination Charge shall be equal to 50% of the unpaid balance of the MSFs that would have been due throughout the applicable Service Period plus 100% of (1) the outstanding balance of any and all OTCs plus (2) any and all previously waived OTCs.
(d) Default by Charter. Charter shall be in default under this Agreement if Charter fails to comply with the terms of this Agreement and/or any or all of the applicable Service Order(s), and Charter fails to remedy each such noncompliance or occurrence within 30 days of receipt of written notice from Customer describing in reasonable detail the nature, scope and extent of the default or noncompliance ("Charter Default").
(e) Customer's Right to Terminate and Termination Charge.
i. In the event Customer wishes to terminate a Service without cause, Customer shall be liable for the same Termination Charges as described above.
ii. Customer shall have the right, at its option and in addition to any other remedies it may have, to terminate any applicable Service Order(s), if the underlying event of Charter Default is limited to Services provided under the applicable Service Order(s) or this Agreement, if such Charter Default is not so limited.
iii. If Termination is due to Charter Default, Charter shall reimburse Customer for any pre-paid, unused MSFs attributable to such terminated Service Order(s). In addition, if Termination is due to Charter Default within one year of the applicable Turn-Up Date, Charter shall pay a Termination Charge, which the parties recognize as liquidated damages, equal to a portion of any OTC that has already been paid by Customer to Charter relative to Service at the sites covered by the terminated Service Order. This Termination Charge shall be equal to the product of a) the number of months (including partial months) remaining in the initial 12 months of the initial Service Period at the time of Termination and b) a ratio in which the numerator is the total of OTCs paid to date and the denominator is 12.
15. LIMITATION OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY.
(a) Limited Warranty. At all times during the Service Period, Charter warrants that it will use commercially reasonable efforts in keeping with industry standards to cause the Services to be available to Customer. Charter does not warrant that Services will be error free.
THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER.
EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, CHARTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL RELIANCE OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND/OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO CHARTER FOR THE APPICABLE SERVICE IN THE THREE MONTHS IMMEDIATELY PRECEEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
Any warranty claim by Customer must be made within 30 days after the applicable Services have been performed. Charter's sole obligation and Customer's sole remedy, with respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited warranty provision.
(b) Content. Any content that Customer may access or transmit through any Service is provided by independent content providers, over which Charter does not exercise and disclaims any control. Charter neither previews content nor exercises editorial control; does not endorse any opinions or information accessed through any Service; and assumes no responsibility for content. Charter specifically disclaims any responsibility for the accuracy or quality of the information obtained using the Service. Such content or programs may include programs or content of an infringing, abusive, profane or sexually offensive nature. Customer and its authorized users accessing other parties' content through Customer's facilities do so at Customer's own risk, and Charter assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content.
(c) Damage, Loss or Destruction of Software Files and/or Data. Customer uses the Services and Equipment supplied by Charter at its sole risk. Charter does not manufacture the Equipment, and the Services and Equipment are provided on an "as is basis" without warranties of any kind. Charter assumes no responsibility whatsoever for any damage to or loss or destruction of any of Customer's hardware, software, files, data or peripherals which may result from Customer's use of any Service. Charter does not warrant that data or files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time.
(d) Unauthorized Access. If Customer chooses to run or offer access to applications from its equipment that permits others to gain access through the Network, Customer must take appropriate security measures. Failing to do so may cause immediate termination of Customer's Service by Charter without liability for Charter. Charter is not responsible for and assumes no liability for any damages resulting from the use of such applications, and Customer shall hold harmless and indemnify the Charter Indemnified Parties from and against any claims, losses, or damages arising from such use. Charter is not responsible and assumes no liability for losses, claims, damages, expenses, liability, or costs resulting from others accessing Customer's computers, its internal network and/or the Network through Customer's equipment.
(e) Force Majeure Event. Neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such party's control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Services. Changes in economic, business or competitive condition shall not be considered a Force Majeure Event.
16. INDEMNIFICATION. In addition to its specific indemnification responsibilities set forth elsewhere in this Agreement and as permissible under applicable law, Customer at its own expense, shall indemnify, defend and hold harmless Charter and its directors, employees, representatives, officers and agents, (the "Indemnified Parties") against any and all claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Charter Indemnified Parties, including reasonable attorney fees and court costs incurred by Charter Indemnified Parties under this Agreement, to the full extent that such arise from Customer's misrepresentation with regard to or noncompliance with the terms of this Agreement and any or all Service Orders, Customer's failure to comply with applicable law, and/or Customer's negligence or willful misconduct. Charter Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim at Customer's cost and Customer shall cooperate with Charter Indemnified Parties in such case.
17. TITLE. Title to the Equipment shall remain with Charter during the applicable Service Period. Customer shall keep that portion of the Equipment located on Customer premises free and clear of all liens, encumbrances and security interests. Upon termination of Service or expiration of a Service Order's Service Period for a specific site, Charter shall have the right to remove all Equipment components and/or leave any of such components in place, assigning title and interest in such components to Customer, it being understood that no further notice or action is required to accomplish the assignment contemplated hereunder. Charter shall have the right to remove the Equipment and all components within 60 days after such termination.
18. COMPLIANCE WITH LAWS. Customer shall not use or permit third parties to use the Services in any manner that violates applicable law or causes Charter to violate applicable law. Both parties shall comply with all applicable laws and regulations when carrying out their respective duties hereunder.
20. GENERAL CUSTOMER REPRESENTATIONS AND OBLIGATIONS. Customer represents to Charter (a) that Customer has the authority to execute, deliver and carry out the terms of this Agreement and associated Service Orders and (b) that any person who accesses any Services through Customer's equipment or through the Network facilities in Customer's Premises will be an authorized user, will use the Service, Network and/or Network facilities in an appropriate and legal manner, and will be subject to the terms of this Agreement. Customer is responsible for ensuring its users of the Service comply with the terms of this Agreement. Customer shall be responsible for all access to and use of the Service by means of Customer's equipment, whether or not Customer has knowledge of or authorizes such access or use. Customer shall be solely liable and responsible for all charges incurred and all conduct through either authorized or unauthorized use of the Service, until informs Charter of any breach of security.
21. NOTICES. Any notices to be given under this Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses:
If to Charter:
ATTN: Commercial Contracts Management
Dept: Corp. - Legal Ops
12405 Powerscourt Drive
St. Louis, MO 63131
Notices to Customer shall be sent to the Customer billing address.
Each party may change its respective address(es) for legal notice by providing notice to the other party.
(a) Entire Agreement; Signatures. This Agreement and any related, executed Service Order(s) constitute the entire Agreement with respect to the Services, Network and Equipment. This Agreement supersedes all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement. This Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile copy will have the same force and effect as execution of an original, and a facsimile signature will be deemed an original and valid signature.
(b) No Amendments, Supplements or Changes. Except for pricing terms as set forth in this Agreement, this Agreement and the associated executed Service Order(s) may not be amended, supplemented or changed without both parties' prior written consent.
(c) No Assignment or Transfer. The parties may not assign or transfer (directly or indirectly by any means, by operation of law or otherwise) this Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining written consent from the other party, which consent shall not be unreasonably withheld; provided, however, that without Customer's consent, Charter may assign this Agreement and the associated executed Service Order(s) to affiliates controlling, controlled by or under common control with Charter, or to its successor-in-interest if Charter sells some or all of the underlying communications system.
(d) Severability. If any term, covenant, condition or portion of this Agreement or any related, executed Service Order(s) shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or any related, executed Service Order(s) shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law.
(e) Governing Law. The law of the state in which the Services are provided (excluding its conflicts of law provisions) shall govern the construction, interpretation, and performance of this Agreement, except to the extent superseded by federal law. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND CHARTER EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY.
(f) Both parties had the opportunity to review and participate in the negotiation of the terms of this Agreement and the Service Order(s) and, accordingly, no court construing this Agreement and any Service Order(s) shall construe it more stringently against one party than against the other.
(g) No Third Party Beneficiaries. The terms of this Agreement and the parties' respective performance of obligations as described are not intended to benefit any person or entity not a party to this Agreement, and the consideration provided by each party hereunder only runs to the respective parties hereto, and that no person or entity not a party to this Agreement shall have any rights hereunder nor the right to require performance of obligations by either of the parties hereto.
(h) Waiver. Except as otherwise provided herein, the failure of Charter to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
This document contains terms and conditions for the furnishing of local and long distance services and facilities provided by Charter Advanced Services.
This document is posted on Charter's website at www.charter.com/tariffs.
This document sets forth the terms and conditions applicable to furnishing voice services by Charter Advanced Services (the "Company"), an Interconnected Voice Over Internet Protocol (VOIP) provider, to business customers within the United States.
The Company may assign its rights or delegate its obligations under this document to any affiliate or successor in interest. The Customer may not transfer or assign his or her rights or obligations associated with the Services hereunder without the Company's prior written consent.
This document is to be governed by and construed in accordance with the laws of the State.
In the event of a conflict or inconsistency between (i) the Contract, as defined herein, and (ii) this document, the document will govern.
Should any provision of this document be held by a court or administrative agency of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this document will remain in full force and effect.
Charter offers Voice Services in the following states: Alabama, California, Connecticut, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New York, North Carolina, Oregon, South Carolina, Tennessee, Texas, Virginia, Vermont, Washington and Wisconsin. The specific Charter Company providing your service may be found on the back of your bill. Voice Services may not be available in all areas of your state.
Please refer to www.charter.com to find availability of Service in your area.
The terms and conditions set forth herein apply to business voice communication services and facilities furnished by Charter Advanced Services hereinafter referred to as the Company. For voice services pricing please refer to the Charter Advanced Services Price Guide found at www.charter.com/tariffs.
2. Obligation and Liability of the Company
2.1. Availability of Facilities and Equipment
At the Customer's request, the Company may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional charges based on the Company's actually incurred labor, material or other costs for such non-routine installation or maintenance.
If the installation and maintenance of Service are requested at locations which are or may become hazardous or dangerous to the Company's employees or the public or property, the Company may refuse to install and maintain such service, and, if such service is furnished may require the Customer to install and maintain such services and may also require the Customer to indemnify and hold the Company harmless from any claims, loss or damage by reason of the installation and maintenance of such service.
The Company will not be responsible if any changes in its Service cause hardware or software not provided by the Company to become obsolete or to require modification or alternation, or otherwise affect the performance of any such hardware or software.
The Company shall use reasonable efforts to make Services available by the estimated service date. The Company shall not be liable for any damages whatsoever 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 necessary regulatory approvals for construction, delays in obtaining right-of-way approvals, delays in actual construction work being done by the Company's vendor(s), and any delays due to any Carrier where the Company is relying upon such Carrier to meet such estimated due date which is beyond the Company's control.
2.2. Interruptions of Service
In the event of an interruption to the Service not caused by (i) Customer or User-provided systems or CPE, (ii) the connection of customer-provided systems with the facilities or services of Other Providers, (iii) inside wiring or service failure on Customer's side of the Demarcation Point, or (iv) the negligence or willful act of the Customer or User, an allowance will be made if the interruption is continuous for more than twenty-four (24) hours from the time it is reported to or detected by the Company, upon Customer request. The allowance will be calculated by multiplying the monthly recurring rate (if any) for the affected Service by the ratio that the number of hours such interruption bears to 720 hours. (For the purpose of this computation, each month is deemed to have 720 hours.) Such interruption is measured from the time the Company detects, or the Customer notifies the Company of, its occurrence until such time as the Interruption is cured, rounded to the nearest hour.
Notwithstanding the foregoing, the Company, without incurring any liability whatsoever, may make scheduled Interruptions at any time (i) to ensure compliance by the Customer or User with this Guide, the Contract, (ii) to ensure proper installation and operation of the Customer's and the Company's equipment and facilities, (iii) to prevent fraudulent use of or access to the Services, or (iv) to perform any other maintenance, testing or inspection reasonably required for the provision of Services hereunder.
The Customer is responsible for providing a suitable supply of commercial electrical power, including outlets, when and where required by the Company for the operation of any Company equipment on the Premises. Failure to supply adequate commercial electrical power or battery back-up is considered negligence of the Customer. A Customer may be billed a service dispatch charge whenever a dispatch is made to correct a service interruption caused by (i) customerprovided systems or CPE, (ii) the connection of customer-provided systems with the facilities or services of Other Providers, (iii) inside wiring or service failure on Customer's side of the demarcation point, or (iv) the negligence or willful act of the Customer or a User.
The Customer also agrees to release, indemnify and hold harmless the Company in using an MTA or a telephone modem that requires electrical power in the event of a failure. Upon Customer's request, the Company may provide battery back-up for the MTA or modem with the intent of such battery back-up permitting the provision of communication service in the event of a power outage. However, the provision of communication service in the event of a power outage is not guaranteed.
In the event the Customer is affected by an interruption to the Service for a period of less than twenty-four (24) hours, no adjustment will be made. No adjustments will be earned by accumulating non-continuous periods of interruption.
2.3. Limitation of Liability
(A) Except as caused by its willful misconduct or negligence, the liability of the Company, its officers, directors, employees and agents, with respect to any action, claim, judgment, damages, demand, liability, loss or expense (including without limitation reasonable attorney's fees) brought or incurred by Customer, by any User, or by any other person in connection with the installation, provision, failure, termination, maintenance, repair or restoration of Service (including without limitation 911-related services, emergency calls and service related to errors or omissions in directory listings), will in no event exceed an amount equal to the Service charges incurred by Customer for the period during which the Service was affected. Such amount will be in addition to any amounts that may otherwise be due Customer as allowances pursuant to section 2.2 hereof.
(B) Except as caused by its willful misconduct or negligence, the liability of the Company, its officers, directors, employees and agents, for defacement of or damages to the Premises or for any personal injury or death arising, directly or indirectly, from the furnishing of Services (including without limitation 911-related services, emergency calls and service related to errors or omissions in directory listings), and including without limitation the installation or removal of any facilities, equipment or wiring associated therewith, will in no event exceed an amount equal to the Service charges incurred by Customer for the period during which the Service was affected. Such amount will be in addition to any amounts that may otherwise be due Customer as allowances pursuant to section 2.2 hereof. Customer is solely responsible for connecting any and all apparatus, equipment and associated wiring on Users' Premises to the Services, and no other Carrier or third party engaged in such activity is to be deemed to be an agent or employee of the Company.
(C) To the extent permitted by any applicable law, the Company's liability for negligence will also be limited to the amounts described in, respectively, sections 2.3.(A) and 2.3.(B) hereof.
(D) To the extent permitted by any applicable regulation, the Company's liability for gross negligence will also be limited to the amounts described in, in, respectively, sections 2.3.(A) and 2.3.(B) hereof.
(E) In no event will the Company be liable for loss of profits (even if the Company has been advised of the possibility of such loss) or for any indirect, incidental, special, consequential, exemplary or punitive damages whatsoever arising, directly or indirectly, from or in connection with the provision of Services (including 911-related service, emergency calls and service related to errors or omissions in directory listings). This limitation of liability shall survive failure of an exclusive remedy, and shall apply regardless of the form of action, whether in contract, tort, warranty, strict liability, misrepresentation, negligence (including without limitation, active and passive negligence) or other theory of recovery.
(F) Any action or claim against the Company arising from any of its alleged acts or omissions in connection with this Guide, the Contract or the Service Agreement will be deemed waived if not brought or made in writing within sixty (60) days from the date that the alleged act or omission occurred.
The Company will have no liability whatsoever to Customer, its Users, employees, agents, subcontractors, or assignees, or to any other person for (i) damages arising out of any Other Providers' performance failures, (ii) any act or omission of any third party furnishing equipment, facilities or service to any User in connection with this Guide or with the Services, (iii) any failure of Customer or User-provided terminal equipment or communications systems, or (iv) any other act or omission of any Other Provider, User or third party related to the use or provision of Services hereunder.
THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, FOR OR IN CONNECTION WITH THE USE OR PROVISION OF SERVICES PROVIDED HEREUNDER.
2.3.2 Directory Errors and Omissions
The Company's liability for damages due to errors or omissions in directory listings will be limited to a credit of one month's basic service.
In the case of extra listings in the alphabetical section of the directory for which a charge is made, the Company's liability shall be limited to an amount not to exceed the established rate for such listing during the period which the error or omission continues.
The Customer indemnifies and holds the Company 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 the Customer has requested to be omitted from the telephone directory or the disclosing of such a listing to any person.
2.3.3 Force Majeure
The Company is excused from any performance due to causes beyond its reasonable control, including but not limited to acts of God, fire, floods, other catastrophes, insurrections, national emergencies, wars, strikes, work stoppages or other labor disputes, unavailability of rights-ofway, disconnection or unavailability (through no fault of the Company) of any Other Provider's facilities or services, or any regulation or other directive, action or request of any governmental authority.
Subject to the limitations of liability set forth in Section 2.3 hereof, the Company and the Customer shall defend, indemnify, and hold each other harmless from and against any and all actions, claims, judgments, damages, demands, liabilities, and expenses, including without limitation reasonable attorney's fees, resulting from injury to or death of any person (including injury to or death of their employees) or from the loss of or damage to tangible real or tangible personal property or to the environment, to the extent that such injury, death, loss or damage was proximately caused by any negligent act or omission on the part of the party from whom indemnity is sought, its agents, employees, subcontractors or assignees, in connection with use of the Services. The indemnifying party under this Section shall defend the other at the other's request against any such action, liability, claim or demand. The party seeking indemnification under this Section must notify the other promptly of written claims or demands for which the indemnifying party is responsible hereunder. The Company and the Customer, as the case may be, shall cooperate fully with the other in the course of such indemnification, and the indemnifying party shall control such defense and the right to litigate, settle, appeal (provided it pays the cost of any required appeal bond), compromise or otherwise deal with any such claim or resulting judgment, provided that such settlement, compromise or other resolution of said claim does not result in any liability to the indemnified party.
2.3.5 Indemnification by Customer
Customer shall defend, indemnify and hold the Company (together with its officers, directors, employees, and agents) 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 User's use of the Services;
(B) any loss, damage, or destruction of any property or any personal injury (including death) not due to the Company's negligence or willful misconduct and caused, directly or indirectly, from the installation, operation, or other use (or failure to use) of the Services or any Company supplied facilities (i) in combination with the services or equipment supplied by the User 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 any User or (b) by any other person using the Services provided to any User, User location, or Authorization Code; or (ii) from the combination of User's use of Services with customerprovided CPE or with other User-provided facilities or services; and
(D) except as otherwise provided by applicable law, any unauthorized, unlawful, or fraudulent use of or access to the Services provided to Users.
(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, occasion to use E911 service features and the equipment associated therewith, or by any services furnished by the Company in connection therewith, including but not limited to, the identification of the telephone number, address or name associated with the telephone used by persons accessing 911 service thereunder, and which arises out of the negligence or other wrongful act of the Customer, its user, agencies or municipalities, or the employees or agents of any one of them.
(F) any claims or causes of action arising from the non-implementation of Private Switch/Automatic Locations Identification (PS/ALI), the enabling of station level 911 service, and/or the failure of PS/ALI or station level 911 service if enabled.
Customer shall be solely responsible for any damage to or loss of Company equipment while on the Premises, unless such damage is caused by the negligence or willful misconduct of the Company, its employees, subcontractors or agents.
2.3.6 Transmitting Message
The Company does not transmit messages but offers the use of its facilities for communications between patrons. If because of transmission difficulties the operator, in order to accommodate the Customer, repeats messages, the operator is deemed to be acting as the agent of the persons involved and no liability shall be attach to the Company because of any errors made by the operator or misunderstandings that may arise between customers because of such errors.
2.3.7 Use of Connecting Company Lines
When suitable arrangements can be made, lines of other companies may be used in establishing wire connections to points not reached by the Company's lines. In establishing connections with the lines of other companies, the Company is not responsible or liable for any action of the Connecting Company. Connection of the Company's lines to the lines of another company shall be the sole discretion of the Company.
3. Furnishing of Service
3.1 Rights of the Company
Equipment and facilities furnished by the Company to provide Service on the Premises (except for inside wiring and inside jacks) are the property of the Company. Telephone numbers assigned to the Customer by the Company are portable and transferable with the Customer; however, the Customer has no property right in telephone numbers or any other call number designations associated with the Services, and the Company may change such numbers, or the central office code designations associated with such numbers, or both, assigned to the Customer, whenever the Company, in its sole discretion, deems it necessary to do so in the conduct of its business.
The agents and employees of the Company shall have the right to enter the Premises at any reasonable hour for the purpose of installing, inspecting, maintaining or repairing the equipment, instruments and lines, or upon termination of the Service, for the purpose of removing such equipment, instruments and lines.
If the installation and maintenance of Service are requested at Locations which are or may become hazardous or dangerous to the Company's employees or the public or property, the Company may refuse to install and maintain such Service, and, if such Service is furnished may require the Customer to install and maintain such Services and may also require the Customer to indemnify and hold the Company harmless from any claims, loss or damage by reason of the installation and maintenance of such Service.
Equipment and facilities furnished by the Company to provide Service on the Premises (except for inside wiring and inside jacks) are the property of the Company. Telephone numbers assigned to the Customer by the Company are portable and transferable with the Customer; however, the Customer has no property right in telephone numbers or any other call number designations associated with the Services, and the Company may change such numbers, or the central office code designations associated with such numbers, or both, assigned to the Customer, whenever the Company, in its sole discretion, deems it necessary to do so in the conduct of its business.
The agents and employees of the Company shall have the right to enter the Premises at any reasonable hour for the purpose of installing, inspecting, maintaining or repairing the equipment, instruments and lines, or upon termination of the Service, for the purpose of removing such equipment, instruments and lines.
If the installation and maintenance of Service are requested at Locations which are or may become hazardous or dangerous to the Company's employees or the public or property, the Company may refuse to install and maintain such Service, and, if such Service is furnished may require the Customer to install and maintain such Services and may also require the Customer to indemnify and hold the Company harmless from any claims, loss or damage by reason of the installation and maintenance of such Service.
The Company installs, operates and maintains the communication Services provided hereunder in accordance with the terms and conditions set forth under this Guide. It may act as the Customer's agent for ordering access connection facilities provided by other Carriers or entitles when authorized by the Customer to allow connection of a Customer's Location to the Company's network. The Customer shall be responsible for all charges due for such service arrangements.
The Company may block calls that are made to certain cities or Central Office exchanges, or use certain Authorization Codes as the Company, in its sole discretion, deems reasonably necessary to prevent unlawful or fraudulent use of Service. The Company will use reasonable efforts to maintain only the Facilities and equipment that it furnishes to the Customer. The Company may substitute, change, or rearrange any equipment or Facility at any time and from time to time, but shall not thereby alter the technical parameters of the Service provided the Customer. The Company shall have the right to make necessary repairs or changes in its Facilities at any time and will have the right to suspend or interrupt Service temporarily for the purpose of making the necessary repairs or changes in its system. When such suspension or Interruption of Service for any appreciable period is necessary, the Company will give the Customers who may be affected reasonable notice thereof as circumstances will permit, and will prosecute the work with reasonable diligence, and if practicable at time that will cause the least inconvenience.
3.2 Establishment and Provision of Service
3.2.1 Application for Services by Customer
Applications for initial or additional services may be made to the Company in writing. Customer shall submit a Service Order as the Company may reasonably require.
During the application process, the Company may check commercial credit services or past telephone account information in order to establish a credit risk assessment and/or use in establishing any advance payment amount or treatment of service that may be required.
The Company reserves the right to refuse service to any applicant who is found to be indebted to the Company or its affiliates for service previously furnished until satisfactory arrangements have been made for the payment of all such indebtedness. The Company may also refuse to furnish service to any applicant desiring to establish service for former Customers of the Company or its affiliates who are indebted for previous service, regardless of the listing requested for such service, until satisfactory arrangements have been made for the payment of such indebtedness.
The Company's obligation to furnish service or to continue to furnish service is dependent on its ability to obtain, retain and maintain suitable rights and facilities, and to provide for the installation of those facilities required incident to the furnishing and maintenance of that service. Products and Services are available where technically feasible. The quantity of business lines, per customer location, is dependent on the technical feasibility at that specific location. Additional construction and facilities may be required at the customer's expense. The customer must pay for any special construction prior to the activation of service and/or cancellation of contract.
3.2.2. Use of Services Generally
Services may be used by Customer or User for any lawful purpose, twenty-four (24) hours per day, seven (7) days per week, subject to the terms and conditions set forth in this Guide and in the Contract.
The Customer is solely responsible for (i) prevention of unauthorized, unlawful or fraudulent, use of or access to Services, which use or access is expressly prohibited; and (ii) administration and non-disclosure of any Authorization Codes provided by Company to Customer.
The Company may, without obtaining any further consent from the Customer, assign any rights, privileges, or obligations under this tariff. The Customer or End User may not assign, transfer in any manner the Service or any rights associated with the Service without the written consent of the Company.
The Company may require a Customer to immediately shut down its transmission of signals if Company concludes, in its sole discretion, that such transmission is causing interference to others.
The Customer may not use the Services so as to interfere with or impair Service over any facilities and associated equipment, or so as to impair the privacy of any communications over such facilities and associated equipment.
The Company reserves the right (i) to refuse to provide, or discontinue or temporarily suspend Services to or from a location where the necessary facilities or equipment are not available under terms and conditions reasonably acceptable to the Company; or (ii) to limit or block Services to any User location or any Authorization Code, without any liability whatsoever, in the event that the Company detects or reasonably suspects either (a) fraudulent or unlawful use of the Services, or use of the Service in violation of the Contract, or this Guide, or (b) consumption of Services in excess of the credit limit (if any).
The Company reserves the right to limit or to allocate the use of existing Facilities, or additional Facilities offered by the Company, when necessary because of lack of Facilities, relevant resources, or due to causes beyond the Company's control. In addition, the Company reserves the right to discontinue Service when the Customer is using the Service in violation of law or the provisions of this Guide. The Company also reserves the right to block International calls when usage surpasses the threshold set by the Company and/or the Account is Delinquent.
The Customer shall be responsible for securing its telephone equipment against being used to place fraudulent calls using the Company's Service. The Customer shall be responsible for payment of all applicable charges for Services provided by the Company and charged to the Customer's Accounts, even where those calls are originated by fraudulent means either from Customer's Premises or from remote Locations. The Company is not liable for any damages, including toll usage charges, the Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized use of the Customer's facilities includes, but is not limited to, the placement of calls from the Customer's Premises, and the placement of calls through Customer-Provided Equipment that are transmitted or carried on the Company network.
The Customer is responsible for any fraudulent or misuse of Service that occurs through Customer's Account whether by a member of Customer's business or an authorized or unauthorized third-party. Misuse of Service could include PBX Hacking, modem hijacking, excessive usage of International calling, and 411 directory assistance calls and other per-use charges. The Customer is responsible for payment of the fraudulent calls, whether originated from the Customer's Premises or from remote Locations.
Customers who purchase only Charter Business Services and do not purchase any other Charter Business Services including affiliate services, will be required to sign up for automatic payment prior to installation of the Company's Services. The Customer must maintain a valid Account with automatic payment for not less than six (6) months from the date the Charter Business Service is installed or be subject to disconnection.
Customer represents to the Company that the Customer has the authority to execute, deliver and carry out the terms of this Guide and Contract or Service Agreement. It is the responsibility of the Customer to ensure that any person who accesses any Service through the Customer's equipment or through the Company's Facilities on the Premises will be an authorized User.
Contracts may not be amended, supplemented or changed without the written consent of the Company.
The Company may perform an installation review of each service Location prior to the installation of Services at each service Location. At its own expense, the Customer shall be responsible for all site preparation activities necessary for delivery and installation of the equipment and the installation and ongoing provision of Services
Business Services apply at the following locations:
1. In offices, stores, factories and all other places of a strictly business nature.
2. In offices of hotels, halls and offices of apartment buildings, quarters occupied by clubs or lodges, public, private or parochial schools or colleges, hospitals, libraries, churches and other similar institutions.
3. At residence locations when use of the service either by the Customer, members or his household, his guests or parties calling him can be considered as more of a business than of a residence nature, which might be indicated via advertising, business cards, newspapers, handbills, circular, etc.
4. At residence locations, where the service or an extension line is located in a shop, office or other place of business.
5. In college fraternity houses where the members lodge within the Premises.
6. Any location where the listing of service at that location indicates a business, trade or profession.
3.2.3 Customer Premise Equipment (CPE)
When provided by the Customer or User, CPE is solely the responsibility of the Customer and the Company has no responsibility whatsoever for the installation, operation, and maintenance of such CPE. The Customer is solely responsible for all costs of installing, maintaining or repairing such CPE, including without limitation personnel charges, wiring costs, and costs associated with routing of electrical power, incurred in the attachment to and use of the Company's facilities or Services. The Customer is responsible for ensuring that all such CPE conforms to the Federal Communications Commission's registration requirements set forth in Part 68 of the Code of Federal Regulations (as amended), and the Company may discontinue the provision of Services to any location where CPE provided by the Customer or User fails to conform to such regulations.
Customer shall be solely responsible for satisfying all legal requirements for interconnecting Customer or User-provided terminal equipment or communications systems with Other Providers' facilities, including, without limitation, application for all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. Satisfaction of all legal requirements, any interface equipment or any other facilities necessary to interconnect the facilities of the Company and Other Providers must be provided at the Customer's sole expense.
The Company shall allow Customers to secure the provision, repair, and maintenance of CPE from any supplier, provided that such equipment shall be in compliance with applicable registration standards promulgated by the Federal Communications Commission.
3.2.4 Priority of Service
In case of a shortage of facilities exists at any time, either for temporary or protracted periods, the establishment of network transmission service takes precedence in the furnishing of any service or facility.
3.2.5 Directory Listing Service
The conditions for directory listings in this Guide apply only to an alphabetical directory arranged for by the Company containing the regular alphabetical list of names of Customers. These conditions also apply to Yellow Page listings.
The alphabetical list of names of Customers is for the purpose of informing interested parties of the telephone numbers of Customers and those entitled to use Customers' Service, and special position or arrangement of names is not contemplated.
The Company limits the length of any listing in the directory by the use of abbreviations when, in the opinion of the Company, the clearness of the listing or the identification of the Customer is not impaired thereby.
Listings shall conform to the incumbent telephone company's practices with respect to its directories.
Listings are regularly provided in connection with all classes of Service, unless the Customer subscribes to Private Number Service. Ordinarily, listings are automatically included in the directory. A listing, however, may be omitted upon request of a Customer when, in the judgment of the Company, the omission of the listing is warranted by the circumstances of the particular case.
The Company will furnish upon request the name and address of the Customer when used to provide recorded announcements under the provisions of this Guide.
One listing included with each subscriber's primary line service, termed the Primary Listing, may be provided in accordance with the incumbent telephone company's directory practices.
One Yellow Page listing included with each Business Customer's primary line service is provided in accordance with the incumbent telephone company's directory practices.
A subscription for Private Number Service may be furnished subject to the Contract and the conditions as applicable and specified in this Guide. The omission of the primary listing in the directory at the Customer's request does not entitle the Customer to an additional listing without charge in connection with other Services for which the Customer may be subscribing.
Each Customer shall be entitled, without charge, to a directory for the customer's local calling area within the Company's service area.
3.2.6 Period for Service
Unless otherwise specified herein or in the Contract:
A. The initial (or minimum) period for Service is one (1) month from the date service is established and the minimum charge is the established rate for one (1) month. The period of Service will automatically renew for subsequent terms of equal duration, and either the Company or the Customer may elect not to renew the period of service by written notice to the other no later than thirty (30) days prior to the expiration date of the period of Service;
B. The length of period for directory listings where the listings have been published is the directory period. The directory period is from the day on which the directory is first distributed to the Customers to the day the succeeding directory is first distributed to Customers;
C. The Company may require a service period longer than one (1) month, including, but not limited to, in connection with (nonstandard) types or arrangements of facilities, or for unusual construction, necessary to meet special demands, and involving extra costs.
3.2.7 Credit Limit and Advance Payments
18.104.22.168 Credit Limit
The Company may, at any time and at its sole discretion, set a credit limit for any Customers' or Users' consumption of Services for any monthly period.
22.214.171.124 Advance Payments
Customers who are unable to satisfy 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 and surcharges. The advance payment will appear as a credit and be applied to the first month bill. The Company reserves the right to refuse service if the Customer fails to fulfill standard requirements. After service has been established, the Customer will be responsible for the payment of all applicable charges to avoid discontinuance of service.
The Company may, at its sole option and discretion, accept personal guarantees, bank letters of credit or surety bonds in lieu of an advance payment. A Customer may be required to continue to make advance payments in accordance with this Section until such time as its credit worthiness is established to the Company's reasonable satisfaction.
For Customers required to make an advance payment, the Company may require proof of positive identification. Failure to provide acceptable forms of identification may result in denial of Service.
3.2.8 Payment Obligation for Facilities and Services
A. The Company may require any Customer to make an advance payment of non-recurring charges (e.g., special construction charges) prior to consumption of Services.
B. The Customer is held responsible for all charges for Services rendered and furnished to the Customer, billed monthly in advance. The Customer shall also pay for long distance service charges that may be billed by the Company, including charges for toll messages in which charges have been reversed and also nonrecurring service charges when billed. Additionally, the Customer is responsible for any charges transferred to the Customer's account from terminated accounts billed to the same Customer.
C. Customers who cancel prior to service installation (including without limitation cancellation of special construction) will incur a charge equal to the greater of (i) the nonrecurring charges applicable to the period of Service, or (ii) the Company's reasonably incurred, actual expenses associated with such cancellation.
D. Customer shall be responsible for payment of all charges, whether authorized or not, for any and all use of or access to Services provided to Users, including without limitation any unauthorized, unlawful or fraudulent use or access.
E. All amounts stated on each monthly invoice are due and payable immediately upon Customer's receipt thereof.
F. Charges for services will be billed to Customer on a monthly (30 day) basis. Fixed Monthly Recurring Charges will be billed in advance. Non-recurring charges and usage sensitive charges will be billed in arrears.
G. Customer's Service will be subject to discontinuance or disconnection if the amount stated on the invoice is not paid in full by the first day of the next thirty (30) day cycle following the aforesaid mailing. All calculations of dates set forth in this Section shall be based upon calendar days and if a billing date falls on a Sunday or on a Holiday, the Customer may make payment in full on the next regular business day.
H. If service has been discontinued for nonpayment or as otherwise provided herein and the Customer wishes it continued, service shall, at the Company's discretion, be restored when all past due amounts are paid or the event giving rise to the discontinuance (if other than nonpayment) is corrected to the satisfaction of Company in Company's sole and absolute discretion. All applicable nonrecurring charges shall apply when services are restored.
3.2.9 Fees, Surcharges and Taxes Billed to Customer
When any government authority, municipality, other political subdivision or agency of government, imposes upon the Company any license, occupation, franchise, utilities assessment or other similar charge, surcharge, fee or tax applicable to Service by the Company to the Customer, or imposes a charge, surcharge, fee or tax based upon a percentage of gross receipts, net receipts, or revenues from or applicable or attributable to sale of Service to the Customer by the Company, the charges for Service may be increased by an amount equal to each such Customer's proportionate part of any such charge, surcharge, fee or tax, and such amount shall be shown separately on the Customer's bill.
Customer agrees to pay any sales, use, property, excise or other taxes, franchise or other fees, surcharges and/or any governmental charges (excluding income taxes), including, without limitation, applicable state property taxes, attributable to Service. A copy of the Customer's tax exemption document, if applicable, must be provided to Charter to certify tax-exempt status. Taxexempt status shall not relieve Customer of its obligation to pay any applicable franchise fees or federal and state surcharges.
Customer may obtain description and information regarding fees, surcharges and taxes at www.charter.com/taxesandfees.
3.2.10 Suspension or Termination of Service
126.96.36.199 Voluntary Suspension
Service may be terminated upon notice being given to the Company, and upon payment of all charges due for service that has been furnished.
188.8.131.52 Involuntary Suspension
Service may be terminated for non-payment of a bill with written notice provided that the Company has made a reasonable attempt to effect collection. The Company will also provide the Customer the opportunity to eliminate portions of the service before terminating service in its entirety. Written notice will be sent, with reasons specified to the Customer, prior to the date of the proposed discontinuance. Notice will be sent to the Customer via first class US Mail or, if agreed to by the Customer, by electronic means.
The Company may disconnect any service when the Customer has made payment of past due amounts with insufficient funds via check or credit card. The Customer may prevent disconnection by making payment of all amounts owed in guaranteed funds prior to the expiration of a 24-hour insufficient funds notice.
Service may be refused or discontinued for any of the reasons listed below. Unless noted, the Customer will be allowed a reasonable time to comply to avoid discontinuance of service:
A. In the event of a condition determined by the Company to be hazardous or dangerous to others;
B. If Customer use of equipment is in such a manner as to adversely affect the Company's service to other customers;
C. If for a Customer who demonstrates fraudulent means of obtaining, or attempting, to obtain, or assisting another to obtain, service by any trick, scheme, false representation, false credit device, or by or through any other fraudulent means or device whatsoever, with intent to avoid the payment, in whole or in part, of the charge for such service.
D. In the event the Customer tampers with equipment furnished and owned by the Company;
E. If the Customer has clearly abandoned the premises;
F. If the Customer has failed to abide by the terms of a payment arrangement;
G. In the event of unauthorized use of Service;
H. Failure of the Customer to permit the Company reasonable access to its equipment or in the case of extreme risk to Company employees;
I. Failure of the Customer to furnish permits, certificates, and/or right-of-ways, as necessary to obtain service, or in the event such permissions are withdrawn or terminated.
J. Failure to comply with municipal ordinances and other laws;
K. Failure of the Customer to provide an advance payment to the Company, if required;
L. In cases of extreme risk involving abnormal and excessive use of toll service, Service may be denied two days after written notice is given to the Customer, unless satisfactory arrangements for payments are made;
M. Where there is probable cause to believe that there is illegal or willful misuse of the Company's service; including but not limited to; the subscriber use or allowance of use of abusive, obscene, profane, lewd, lascivious or suggestive language or material otherwise not protected by law; subscriber use with intent to terrify, intimidate, threaten, harass, annoy, or offend another telephone user (including Company employees); or subscriber use to impersonate or permit others to impersonate any other individual.
N. The Company is not required to furnish Service or to continue its service; to any applicant who, at the time of application, is indebted under an undisputed bill to the Company for Service or service from its affiliates previously furnished to such applicant or any other member of the applicant's household.
P. Failure of a Customer to cooperate with the Company in efforts to resolve an inquiry which has the effect of placing charges in dispute shall constitute a waiver of the Customer's right to continuance of Service;
Q. Failure of the Customer to fulfill his obligations pursuant to the Company's local or interexchange Guide, or to fulfill his contractual obligations, for Service and/or facilities.
184.108.40.206 Rights of the Customer
Customers may cancel without termination fees or penalties any new Service or any new Contract for Service within thirty (30) days after the new Service is initiated. This does not relieve the Customer from payment for per use and normal recurring charges applicable to the Service incurred before canceling, or for the reasonable cost of work done on the Customer's Premises (such as wiring or equipment installation) before the Customer cancelled.
The Company shall be in default if the Company fails to comply with the terms of this Guide, or and individual Contract and/or any or all of the applicable Service Orders; and the Company fails to remedy each noncompliance or occurrence within thirty (30) days of receipt of written notice from Customer:
If termination is due to noncompliance by the Company, the Company shall reimburse the Customer for any pre-paid, unused monthly Service Charges attributed to such terminated Service. In addition, if termination is due to noncompliance by the Company within one (1) year of the applicable turn-up (installation) date, the Company shall waive termination charges up to an amount equal to any one time charge paid by the Customer to the Company relative to the Services covered by the terminated Service Order and/or Contract.
Money Back Guarantee
Upon Customer dissatisfaction and disconnection of Service, and at the Customer's request, the Company will provide a refund/credit for any initial standard installation charge and one monthly recurring charge, applicable to Charter Business Services, under the following conditions:
1. New Charter Business Customers qualify to have all levels of Services refunded for one month's charges.
2. Current Charter Business Customers adding a new level/upgrade of Service qualify to receive a credit for one month's charges on the newly added services only.
3. Voice trunk, bulk accounts, multi-dwelling unit Accounts and national Accounts are not eligible for this offer.
4. The maximum refund allowable is $500 per account.
This refund/credit is valid for customers who pay the first month's charges for the new or upgraded service and is limited to one refund/credit per Customer Account. The Customer must disconnect the service and request a refund/credit within 45 days of service installation.
Taxes, surcharges, and any other fees or charges that may apply will not be credited or refunded. This guarantee does not apply to per unit long distance charges (domestic or international) incurred beyond that provided for in the monthly recurring charge. Services purchased on a pay per use basis (i.e. directory assistance, operator services, etc.) are not eligible for this program.
220.127.116.11 Rights of the Company
The Customer shall be in default in the event that the Customer does one (1) or more of the following (each individually to be considered a separate event of default) and the Customer fails to correct each noncompliance within twenty (20) days of receipt of written notice in cases involving non-payment or within thirty (30) days of receipt of written notice in cases involving any other noncompliance: 1. Customer is more than thirty (30) days past due with respect to any payment; 2. Customer has failed to comply with the terms of this Guide, and Contract; 3.Customer files or initiates proceeding or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief (such as appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law and such proceedings are not dismissed within sixty (60) days.
In the event Customer is in default, the Company shall have at its discretion, and in addition to any other remedies it may have herein, to: 1. Suspend Services to the Customer immediately until such time the noncompliance has been corrected without affecting Customer's on-going obligation to pay the Company any amounts due (i.e. monthly charges) as if such suspension of Services had not taken place; 2. Termination of Services; or 3. After the occurrence of two (2) such events of Customer default in any twelve (12) month period of time, terminate the Contract, and/or all of the applicable Service Orders.
If termination is due to noncompliance by the Customer, Customer may be assessed a termination charge. The termination charge shall be equal to fifty percent (50%) of the unpaid balance of the monthly service charges that would have been due throughout the remainder of the applicable service period plus one hundred percent (100%) of (a) the outstanding balance of any and all one-time charges and (b) any and all previously waived one-time charges.
No express or implied waiver by the Company of any event of default shall in any way be a waiver of any further subsequent event of default. Nothing herein, including, but, not limited to termination, shall relieve the Customers of its obligation to pay the Company all amounts due.
3.2.11 Billing Disputes
Any disputed charge may be brought to the Company's attention by verbal or written notification. In the case of a billing dispute between the Customer and the Company that cannot be settled to their mutual satisfaction, the undisputed portion and subsequent bills must be paid on a timely basis, or the service may be subject to disconnection. The Customer may request investigation into the disputed amount by the Company. During the period that the disputed amount is under investigation, the Company shall not pursue any collection procedures or assess late fees with regard to the disputed amount. The Customer shall be required to pay the undisputed part of the bill, and if not paid, the Company may discontinue service. In the event the dispute is not resolved, the Company shall inform the customer that the customer has the option to pursue the matter with the state Commission.
Telephone Company Contact: PriorityEscalationTeam@chartercom.com
US Mail: Executive Escalation Manager, 2 Digital Place, Simpsonville, SC 29681888
Phone: GET CHARTER (888 438-2427)
4. Practices and Procedures
4.1 911/E-911 Emergency Services
The Company will supply the 911/E-911 service provider in the Company's service area with information necessary to update the 911/E-911 database at the time Company accepts Customer orders.
Database records provide customer-specific information that includes the Customer name and service address. This information is made available to emergency service providers in the event that a call is placed to 911 from the End User's telephone.
To ensure 911 calls and emergency personnel are properly routed, Company equipment must not be moved by the Customer or User. Additionally, the Company recognizes one address for all lines on the same Account and will not be responsible for multiple address location information. Therefore, the Customer and its Users are responsible for directing emergency personnel to the specific location or person requiring emergency assistance and to any other physical location if all telephones are not located at the address on the Account.
Where a 911 call is placed by the calling party via interconnection with an interexchange carrier or operator service provider, the Company cannot guarantee the completion of said call or the quality of said call.
The Company provides Automatic Location information (ALI) to the Public Safety Answering Point (PSAP). For services ordered by the customer the Company will provide this location information for all lines on the same account. The Company does not support multiple address locations. The only address sent to 911 operator for all telephone numbers is the service address listed on the account. The Customer is responsible for directing any emergency personnel, related to a 911 call, to the correct building, room, location or person in need of emergency assistance.
If Customer requires location-specific Automatic Location Information (such as floor and room number within a building) for delivery to the Public Safety Answering Point, or otherwise desires E-911 service to be provided for multiple user configurations, Customer must implement private switch/Automatic Locations Identification (PS/ALI). Customer must obtain the software and support that enables PS/ALI from a third-party provider.
The Company may bill the Customer a monthly surcharge in order to fund the E-911 system.
4.2 Access to Telecommunications Relay Service
Telecommunications Relay Service (TRS) enables deaf, hard-of-hearing or speech-impaired persons who use a Text Telephone (TT) or similar devices to communicate with the hearing population not using TT. It also allows the hearing population not using a TT to communicate with deaf, hard-of-hearing or speech-impaired persons who do use a TT. A Customer will be able to access the state provider to complete such calls by either dialing the applicable telephone number directly or by dialing the number 711, where available. The Company may bill the Customer a monthly surcharge in order to fund the TRS system
4. Practices and Procedures
4.3 Construction, Installation and Maintenance Charges
Construction performed shall be at the sole discretion of the Company.
Construction charges in the form of installation charges, monthly charges, or both may be applied in addition to the usual service charges and monthly rates, when, for example:
A. The facilities are not presently available, and there is no other requirement for the facilities so constructed.
B. The facilities are provided in remote or undeveloped sections or if the facilities are provided on a temporary basis.
C. The facilities are of a type other than that which the Company would normally utilize in the furnishing of its services.
D. The facilities would be deployed over a route other than that which the Company would normally utilize in the furnishing of its services.
E. The facilities would be constructed on an expedited basis.
F. The facilities would be in a quantity greater than that which the Company would normally construct.
G. The facilities would be constructed on a temporary basis until permanent facilities are available.
H. The facilities would be constructed in advance of Company's normal construction.
I. The conditions require the provision of special facilities or special or unusual methods of plant construction, installation, or maintenance.
J. The Customer's location requires the use of costly private right-of-way.
K. The sporadic or occasional nature of the Service or an unusual investment or expense does not allow for reasonable compensation for the Company.
L. Facilities other than those which the Company provides are requested by the Customer.
Title to all construction, provided wholly or partly at a Customer's expense, is vested in the Company.
Construction charges will include materials, contract services, and loaded labor. The Customer is required to bear unusual maintenance costs for special construction.
Overhead loading of labor is calculated with a composite allocation factor that is based on plant, construction, and engineering personnel salaries and expenses; supervision, pension expense, insurance, unemployment and social security taxes. This factor is developed annually by determining the relationship of the above expenses to the total payroll base. It is applied to expenses for construction, removals, plant and central office maintenance.
The Company will provide an estimate of actual charge to the Customer prior to the start of construction. The Customer must pay for any special construction prior to the activation of Service and/or cancellation of the Contract. All charges are due and payable upon receipt of the bill.
When attachments are made to poles or other companies, in lieu of providing construction for which the Customer would be charged under the provisions hereof, the cost to the Company for such attachments are borne by the Customer.
The Customer is required to pay construction charges as made by another company providing facilities connecting with the facilities of the Company. Construction charges will not apply to the
Customer's station installation that includes the aerial drop that extends from the last pole to the demarcation point. Refer to Glossary of Definitions and Terms for explanation and examples of the term "Demarcation Point."
Installation of facilities within subdivisions shall be underground where underground treatment is the usual form of installation. The following definitions are used with regard to facilities constructed and owned by the Company:
Applicant - The Customer, developer, builder, or other person, partnership, association, firm, private or public corporation, trust, estate, political subdivision, governmental agency, or other legal entity recognized by law, applying for the construction of a telephone distribution system in a subdivision.
Building - A single structure roofed and enclosed with exterior walls, built for permanent use, erected, frames or component structural parts and unified in its entirety both physically and in operations for single-family residential occupancy in a subdivision, excluding mobile homes.
Subdivision - a lot, tract, or parcel of land divided into two or more lots, plots, sites or other divisions for use for new residential buildings or the land on which is constructed new multiple-occupancy buildings per a recorded plot thereof if such recordation is required by law.
Rights-of-Way and Easements - Within the applicant's subdivision, the Company will construct, own, operate, and maintain underground facilities only along public streets, roads and highways which the Company has the legal right to occupy, and on public land and private property across which rights-of-way and easements satisfactory to the Company may be obtained without cost or need for condemnation by the Company. Rights-of-way and easements, within the subdivision, satisfactory to the Company, must be provided by the applicant within reasonable time to meet construction and service requirements before the Company is required to commence its installation; such rights-of-way and easements must be provided by the applicant at no charge to the Company, be cleared of trees, tree stumps and other obstructions and be graded to within (6) inches of final grade. Such clearance and grading must be maintained by the applicant during construction by the Company
Advances by the Applicant
A. Where, due to the manner in which a subdivision is developed, the Company is required to construct an underground distribution system through a section or sections of the subdivision where service will not be connected for at least (2) years, the Company may require a reasonable advancement for the construction from the applicant before construction is commenced, to guarantee performance.
B. Where the subdivision is developed in a uniform manner so that the Company may restrict the construction of its underground telephone distribution system to a section or sections in which buildings or multiple-occupancy buildings are being constructed, the Company may not require an advance.
C. If an advance is required under these rules, then the advance, without interest, shall be returned to the applicant on a pro rata basis as the permanent service connection is made to each building or multiple-occupancy building.
D. Any portion of an advance remaining unrefunded ten (10) years from the date the Company is first ready to render service with the extension will be retained by the Company and credited to the appropriate construction account.
A. Temporary facilities may be installed to provide service, when necessary, for a maximum period of one (1) year.
B. When it is necessary to place temporary facilities in advance of the permanent underground system in order to provide service, the Company may require the applicant to pay the estimated unrecoverable costs of the temporary facilities. If the required costs under the above-described conditions apply, the Company has the right to refuse installation of the temporary facilities until the required costs are paid to the Company.
Special Type of Construction
When underground service connections are desired by Customers as initial installation in places where aerial drop wires would ordinarily be used to reach the Customer's premises, or when aerial facilities are used to provide service to a customer and subsequently the Customer desires that such facilities be placed underground, the following conditions apply:
A. Where cable is laid in conduit, the underground conduit shall be constructed and maintained by or at the expense of the Customer and in addition, the Customer shall pay the cost of the underground cable, including the cost of installing, less the estimated cost to the Company of installing such aerial facilities as would be (or are) required to furnish the same service. The underground conduit shall be constructed in accordance with plans and specifications furnished by the Company.
B. The duct or ducts required in the underground conduit by the Company to furnish service shall be reserved for its exclusive use.
C. Where conductors are laid in a trench, the trench shall be constructed and backfilled by or at the expense of the Customer. In addition, the Customer shall pay the cost of the conductors, including the cost of installing, less the estimated cost to the Company of installing such aerial facilities as would be (or is) required to furnish the same service.
D. Cable or wire installed in conduit will be maintained and replaced at the expense of the Company where the conduit has been inspected in place by the Company and approved, but repairs or replacements of cable or wire in conduit not so inspected and approved, or repairs or replacements of cable or wire in conduit or trench made necessary by damages caused by the Customer or his representative will be made only at the Customer's expense.
Where facilities are changed from aerial to underground, in addition to the above, the Customer is charged the cost of dismantling and removing the aerial facilities
4.4 Call Blocking
The Company blocks access to 900/976 and international chat lines. At this time 900/976 and international chat line unblocking is not available. The Company will initiate international call blocking if:
1. Excessive use of international toll has surpassed the threshold set by the Company; and
2. The Customer's account is delinquent.
Notwithstanding any other provision of this Guide, the Company may block calls which (i) are made to certain countries, cities, or central office ("NXX") exchanges, or (ii) use certain Authorization Codes, as the Company, in its sole discretion, deems reasonably necessary to prevent unlawful or fraudulent use of Services.
4.5 Call Trace Service
Call Trace Service allows for customer initiated identification, by the subscriber pressing a system code and storage of telephone number data from incoming calls to the telephone line of a Customer.
Call Trace Service information will be provided when requested by both a Customer and an Investigative or Law Enforcement Agency and the Customer has provided consent. Normally written consent will be required.
Information regarding the originating telephone numbers will be disclosed only to Investigative or Law Enforcement Officers, not to Customers receiving call tracing services.
4.6 Directory Assistance
The Company shall list its Customers with the directory assistance operators to provide the requested telephone numbers of all Customers, except telephone numbers unlisted at the Customer's request.
In the event of an error in the listed numbers of any Customer, the Company shall intercept all calls to the listed number for a reasonable period of time provided the number is not in service. In such event of an error or omission in the name listing such Customer's correct name and telephone number shall be filed with directory assistance operators. The correct number will be furnished the calling party either upon request or interception.
Whenever any Customer's telephone number is changed after a directory is published, the Company shall intercept all calls to the former number for a reasonable period of time and give the calling party the new number provided existing Company equipment will permit and the Customer so desires.
Call completion of a requested directory assistance listed number may be provided to a customer as part of this service. A service message will inform the Customer that he may be connected to the number automatically. The use of call completion to complete a long distance call may incur charges at the current Charter long distance rate. Call completion service is furnished over the Company's network, where technically and operationally available.
4.7. Local Service
4.8 Long Distance Service
The Company provides long distance services, including direct dialed services, to Customers who subscribe to the Company's local service, as described in the Service and Price Guide. The Customer must choose the Company as their service provider for all long distance calls in order to subscribe to a packaged service.
No substitutions on service packages are allowed. Rates (package or per minute) for long distance calls include only direct-dialed (1+) U.S. domestic calls. All other calls including international calls and operator assisted (0+) calls are excluded from the stated package. The Company reserves the right to review usage of any residential long distance service (package or per minute services) and discontinue or block long distance services without further notice if Customer is utilizing the service for non- residential purposes or is exceeding normal usage.
Calls are measured in duration increments of sixty (60) seconds. All calls which are a fraction of a measurement increment are rounded up to the next whole unit. Timing on completed calls begins when the call is answered by the called party. Answering is determined by hardware answer supervision in all cases where signaling is provided by the terminating local carrier and any intermediate carrier(s). Timing terminates on all calls when the calling party hangs up or the Company's network receives an on-hook signal from the terminating carrier.
4.9 Number Intercept Treatment (Extended Referral Message)
If a Customer changes local service providers or disconnects from his or her Local Service provider and does not retain his current telephone number, the Company will provide a recording for thirty (30) days from the effective date of the change/cancellation. This will provide a caller with either a notification of disconnection, if no new telephone number is provided to the Company, or with the new telephone number if the new number is provided to the Company. An additional thirty (30) days of notification (Extended Referral Message) may be requested by the Customer for an additional charge. Number intercept treatment will not be provided beyond sixty (60) days.
4.10 Operator Services
The Company furnishes operator assistance to its Customers via a third-party provider in accordance with that provider's Guide on file with the Public Service Commission. This service provides Customers with assistance using operators or the automated Interactive Voice System (IVS) whereby Customers may request assistance in dialing a local and Intrastate number, billing a local and Intrastate call to a calling card, a third party number or a collect call. Operator Services also include providing line status verification and busy line interrupt. Collect calls from correctional institutions may not be permitted.
4.11 Preferred Carrier Freeze
At the request of an End User, the Company will provide a freeze on the Customer's preferred local or long distance carrier. A preferred carrier freeze prevents a change in the Customer's preferred carrier selection unless the Customer gives the carrier from whom the freeze was requested their express consent. A Preferred Carrier Freeze is offered on a non-discriminatory basis to all Customers, regardless of the carrier selection. This service is offered at no charge.
The Company may offer promotional discounts on Company services for a limited period of time in the Company's service areas subject to the terms of the promotion and herein.
4.13 Customer Initiated Temporary Suspension of Service (Seasonal Service)
A customer may request a temporary suspension of service to accommodate extended absence needs for vacation, etc. Requests for suspension may be requested for up to six (6) months per calendar year. The restored service will be the same and will reflect the same features as the service prior to the suspension.
Seasonal suspension of services will result in availability of dial tone with access only to 911 or Charter customer care service. No other services or features will be active or operational during a seasonal suspension period. Seasonal suspension shall apply to any or all lines (any or all telephone numbers) of an account and is billed on a per line basis. The period of suspension will be the same for and applied to each year of the agreement term.
Use of Temporary Suspension of Service option allows the customers to not be charged a disconnect service order charge and a new connect service order charge, while maintaining their telephone number. The customer may be charged an Add/Change Charge each time Suspension Service is requested. All other monthly recurring charges are waived during the suspended period.
4.14 Refer-A-Business Program
The Charter Business Refer-A-Business program allows existing business customers in good standing to earn credits toward their account by referring new customers to Charter Business. The new customer being referred must not have been a Charter Business customer for any service within 120 days of the referral. If the referred customer signs up for Charter Business services, the existing referring customer will receive a one-time $50 non-transferable credit toward their account within 90 days of installation of the new service. If the referred customer has services of $500 monthly recurring revenues or more, the existing customer making the referral will earn an additional non-transferrable one-time credit of $500 toward their account within 90 days of installation.
The referred customer will also receive a $50.00 non-transferrable one-time credit on their account. The referred customer is not eligible for the $500 credit based on monthly recurring revenues and cannot earn multiple credits for being referred multiple times.
Upon cancellation of service for any reason, any unused credits will automatically expire and may not be transferred, assigned or redeemed for cash. All credits will only apply to monthly recurring charges. No credits are applicable to installation or other one-time charges. Any referrals that have not activated service within 120 days of initial contact will not be eligible for this program.
The referrals must be made through the use of the Charter Business online Refer-A-Business submission form.
By clicking on "I agree" below, I am confirming my understanding of Charter's business terms and conditions.
The Company's obligation to furnish 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, pole lines, circuits and equipment and to provide for the installation of those facilities required incident to the furnishing and maintenance of that service. The Company 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 Other Providers, or (iii) any cause beyond the Company's control. The quantity of business lines, per customer location, is dependent on the technical feasibility at that specific location. Additional construction and facilities may be required at the customer's expense. The customer must pay for any special construction prior to the activation of service and/or cancellation of contract.
Services and associated products, facilities, equipment, features and functions will be available in accordance with the Contract, where technically and operationally feasible.
Company will provide local service via Company's facilities to business Customers within its local service areas. Local service includes the following: Basic Local Touchtone Service, E911 Emergency Service, One white page and/or blue page directory listing, per account, One yellow page directory listing, per account, Access to Operator Services, Access to Directory Assistance, Access to Customer Service and Repair Services, Access to Line Intercept Services, Access to services for the physically impaired, Free unlimited local calling within the local area of the end user, Free standard intercept service for thirty (30) days
IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO INSURE THE INTEGRITY, SECURITY, RELIABILITY, AND PRIVACY OF CHARTER'S INTERNET PRODUCT NETWORK, CHARTER HAS CREATED THIS ACCEPTABLE USE POLICY (AUP). THIS AUP APPLIES ALONG WITH THE TERMS OF SERVICE GOVERNING THE CUSTOMER'S USE OF CHARTER'S INTERNET AND RELATED SERVICES (TOS) AND CHARTER'S OPEN INTERNET DISCLOSURE, TO SPECIFY USE RESTRICTIONS APPLICABLE TO USERS OF THE SERVICE. THE CUSTOMER RECOGNIZES AND AGREES THAT THE THEN CURRENT VERSION OF THE AUP TO BE MAINTAINED BY CHARTER AND POSTED ON CHARTER'S WEBSITE WILL SUPERCEDE ALL PREVIOUS VERSIONS OF THIS DOCUMENT AND THAT CUSTOMER'S CONTINUED USE OF CHARTER'S INTERNET SERVICE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF THIS POLICY AS IT MAY BE AMENDED.
BY USING THE SERVICE, THE CUSTOMER 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, CUSTOMER MUST IMMEDIATELY CEASE USE OF THE SERVICE.
The Service is designed solely for use in Customer's business. Customer is responsible for any misuse of the Service that occurs through Customer's account, whether by an employee of Customer's business or an authorized or unauthorized third-party. Customer is responsible for any and all e-mail addresses associated with the Customer's account. Customer must take steps to ensure that others do not gain unauthorized access to the Service. Customer is solely responsible for the security of (i) any device Customer chooses to connect to the Service, including any data stored or shared on that device and (ii) any access point to the Service. If the Customer sells or resells advertising or web space to a third party, then the Customer will be responsible for the content of such advertising or on such web space and the actions of such third party. Customer will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology, except as expressly provided in any contract for service. Charter reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure to comply with any portion of this provision or this Policy, without prior notice.
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, relay communication through a resource, 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 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, access points, wireless gateways, security devices and cable modem configuration files.
- Reselling or otherwise redistributing the Service.
- Disrupting any aspect of the Service through any means.
- Excessive use of bandwidth, that in Charter's sole opinion, places an unusually large burden on the network or is deemed by Charter to be above normal usage. Charter has the right to impose limits on excessive bandwidth consumption via any means available to Charter.
- 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 or utilize a Static IP address provided by Charter.
Running any type of server on Charter's system that is intentionally used to disrupt other users of the Service or users of the Internet in general.
3. NO ILLEGAL OR FRAUDULENT USE
The Service may be used only for lawful purposes. Customer 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. NO COPYRIGHT OR TRADEMARK INFRINGEMENT
Use of the service is also subject to Charter's Copyright Infringement Policy. Charter reserves the right to suspend or terminate accounts which are in violation of Charter's Copyright Infringement Policy.
5. NO SPAM
Users may not send any unsolicited bulk email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a cause, opinion, money making opportunity, or the like that the recipient did not specifically request from the sender ("Spam"). All commercial email messaging must comply with the Federal, State, and Local law, such as the CAN-SPAM Act (See: http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business and http://uscode.house.gov/download/pls/15C103.txt) These communications do not necessarily have to pass through the Service's email infrastructure - it only needs to originate from a Service User.
Charter maintains a zero-tolerance policy on Spam for all of its Internet products and may take immediate action against users violating this AUP. Charter reserves the right to impose certain limitations on use of the Service's email.
The Services may not be used to collect responses from unsolicited communication regardless of the communication's origination. Moreover, unsolicited communication may not direct the recipient to any web site or other resource that uses the Service and the user may not reference the Service in the header or by listing an IP address that belongs to the Service in any unsolicited communication even if that communication is not sent through the Service or its infrastructure.
Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send email messages to anyone that has expressly requested not to receive email from a User is considered to be harassment. . Customer is responsible for maintaining confirmed opt-in records and must provide them to Charter upon request. The term "opt-in" means that recipient has signed up for mailings voluntarily.
6. NO SYSTEM DISRUPTION
Customer will not use, or allow others to use, the Service to disrupt degrade, and/or otherwise adversely affect Charter's network or computer equipment owned by Charter or other Charter customers.
7. SECURITY/ABUSABLE 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 abusable resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from Charter, Users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.
8. NO "HACKING"
Customer will not use, nor allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems ("hacking") or to cause a disruption of the Service to other on-line users. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.
9. NETWORK MANAGEMENT
Charter reserves the right to use a changing variety of reasonable network management techniques including but not limited to (i) allocation a fixed maximum amount of bandwidth to non-customers seeking to upload peer-to-peer files from customers; (ii) utilizing STM technology to prioritize traffic during times of peak congestion; and (iii) implementing filtering and spam detection techniques to manage reliable email sources and mitigate spam. In limited instances, these techniques may affect the throughput rate at which customers may send and receive data, non-customers' ability to establish session connections within the network (such as peer-to-peer sessions), or result in the delay of certain traffic during times of peak congestion.
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 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.
Charter reserves the right to investigate violations of this AUP, including the gathering of information from the Customer 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.
12. 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.
13. 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 to Charter's homepage (www.charter.com), by email or by conventional mail, and will be effective immediately upon posting or sending. Customers 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 customer or customer 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 customers can be directed to firstname.lastname@example.org.
Acceptable Use Policy, Effective May 1, 2015 Version 5.0
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.
ATTN: Commercial Contract Management
Dept: Legal Operations