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 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:
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.
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:
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.
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.