CHARTER RESIDENTIAL CABLE SERVICE AGREEMENT


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.

Charter Communications Operating, LLC on behalf of itself and its affiliates and subsidiaries authorized to provide the services set forth herein ("Charter") will provide its Cable TV service (the "Cable Service") to You (“Subscriber”) in accordance with these terms and conditions, which terms and conditions incorporate and include the General Terms and Conditions for Service and the Charter Communications Privacy Policy, as they may be changed from time to time (collectively, the “Terms of Service”).

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 855-757-7328 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:

  1. 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.
  2. 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.

7. Additional Features, Functionality and Tools: Any additional service features, functionality and tools that Charter offers may be further subject to specific terms of use and subject to charges, change, or removal at any time by Charter.

8. Programming:

  1. 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.
  2. 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:

  1. 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;
  2. 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;
  3. 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;
  4. connecting or attaching equipment to the Cable Service with the intended purpose to distribute the Cable Service in an unauthorized manner;
  5. 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.
  6. reselling the Charter Service or services;
  7. conducting a pyramid or other illegal soliciting scheme;
  8. impersonating any person or entity or forging anyone else's digital or manual signature; or
  9. 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.

14. Security:

  1. 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.
  2. 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.
  3. 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.

17. Privacy Statement: Charter Privacy Policy provides a detailed outline of Charter's privacy policies and how they affect Subscriber's use of Charter's Equipment and Cable Service.

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.