Spectrum Out of Home WiFi Terms of Service
THESE TERMS OF SERVICE GOVERNING YOUR USE OF SPECTRUM'S OUT OF HOME WIFI SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE SPECTRUM RESIDENTIAL GENERAL TERMS AND CONDITIONS OF SERVICE, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
1. General
These Terms of Service form a binding agreement between you and Charter Communications Operating, LLC on behalf of itself and its affiliates ("Spectrum" or "we"), for use of Spectrum's out of home WiFi Service (“WiFi Service”). These Terms of Service apply to eligible customers of Spectrum and anyone who is not a Spectrum customer but are authorized to use the WiFi Service. By using the WiFi Service, you also agree to Spectrum's Residential General Terms and Conditions of Service and Acceptable Use Policy, located at https://www.spectrum.com/policies/residential-terms.html, incorporated herein by reference. You must accept these Terms of Service prior to using the WiFi Service. These Terms of Service do not apply if you are using another provider's WiFi service, at which point You will be subject to that provider's applicable terms of service and privacy policies.
2. Password and Account Access
You are responsible for (i) maintaining the control, confidentiality, and securing of password credentials used to access the WiFi Service (“Credentials”); (ii) preventing unauthorized access to the Credentials and the WiFi Service; and (iii) maintain control over all devices used to access the WiFi Service. You shall immediately notify Spectrum of any unauthorized access or disclosure of your Credentials to use the WiFi Service
Failure to abide by the terms of this section or the use of your Credentials for any unauthorized use of the WiFi Service or other illegal or fraudulent activity may result in suspension or termination of your WiFi Service, with or without notice, and may result in civil and/or criminal legal action being taken against you.
3. Using the Service
In order to access and use the WiFi Service you must: (1) provide accurate and complete registration information; (2) have a wireless-enabled device compatible with the WiFi Service; (3) comply with applicable laws and regulations, including but not limited to copyright and intellectual property rights laws, and (4) be at least 18 years of age.
4. Devices and Coverage
Your wireless-enabled device uses radio transmissions to access the WiFi Service. If your device is not in range of a transmission signal the WiFi Service will not work. The availability and quality of the WiFi Service may be affected by many things, including the device, network capacity, network or Internet congestion, server speeds of websites, network outages, network management policies, terrain, buildings, foliage, weather, actions of third parties, proximity to access points, or other similar issues. Spectrum does not guarantee the availability of the WiFi Service or its speeds. Actual speeds of the WiFi Service will vary.
You acknowledge that Spectrum may limit the number of devices you may use to connect to the WiFi Service, and that Spectrum may limit the number of devices that can be connected simultaneously to the WiFi service. Devices will automatically be disconnected from the WiFi Service after extended periods of inactivity.
5. Restrictions on Use
In addition to the terms of the Acceptable Use Policy, you agree that while using the WiFi Service that you will not: (1) program any IP address other than the one assigned to you by Spectrum into your wireless-enabled device connected to the WiFi Service; (2) program any other MAC address into your device; (3) resell the WiFi Service, in whole or in part, directly or indirectly; (4) restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the WiFi Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature; (5) use the WiFi Service in a manner that violates any applicable local, state, federal or international law, order or regulation; (6) impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing"); or (7) share or redistribute the WiFi Service to any other person or device by any means that is inconsistent with your personal use of the WiFi Service.
6. Data Monitoring
You acknowledge and agree that Spectrum has the right to electronically monitor use of the WiFi Service to (i) operate the WiFi Service properly, (ii) provide information to law enforcement personnel pursuant to lawful subpoena or court order; (iii) to protect itself or its subscribers, (iv) enhance or develop Spectrum services, and (v) protect our rights, network, users or property.
More information about Spectrum's data practices is available in the Spectrum Privacy Policy located at https://www.spectrum.com/policies/your-privacy-rights.html
7. Content Filtering by Event Partners
Spectrum sometimes partners with event sponsors, stadiums, arenas and/or event spaces to provide the WiFi Service to attendees of sports, music, political and other events ("Event Partners"). Event Partners may use content filtering technology to ensure that event attendees using the WiFi Service cannot access content or websites deemed inappropriate or offensive by the Event Partner. Accordingly, when using the WiFi Service at an event, your ability to access certain websites or content may be impacted, and you may receive an error message indicating that access to the requested website is blocked or disabled. Spectrum does not control the content filtering technology(ies) employed by Event Partners.
8. Disclaimer of Warranties
THE WIFI SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WHATSOEVER INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPECTRUM MAKES NO WARRANTIES THAT THE WIFI SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE WIFI SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE.
SPECTRUM MAKES NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE WIFI SERVICE OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR OTHER DEVICES OR ONLINE WIRELESS COMMUNICATIONS. YOU AGREE THAT NEITHER SPECTRUM NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WIFI SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR DEVICE AND COMMUNICATIONS.
9. Limitation of Liabilities
SPECTRUM 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 YOU MAY SUFFER. SPECTRUM SHALL NOT BE LIABLE FOR ANY LOSS OR INTERRUPTIONS IN THE WIFI SERVICE OR FOR ANY DAMAGES OR LOSSES DUE TO THE FAULT OR NEGLIGENCE OF YOU OR ANY OTHER PARTY OR PERSON(S), OR DUE TO THE FAILURE OR MALFUNCTION OF YOUR WIRELESS-ENABLED DEVICE, OR DUE TO YOUR FAILURE TO FULFILL ANY OBLIGATION UNDER THESE TERMS OF SERVICE.
10. Indemnification
You agree to defend, indemnify, and hold Spectrum, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, "Spectrum Indemnitees") harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from Subscriber's use or attempted use of the WiFi Service. Your obligation to indemnify Spectrum survives Your use of the WiFi Service and termination of Your access to the WiFi Service.
11. Changes to These Terms of Service
Spectrum reserves the right to change these Out Of Home WiFi Terms of Service at any time by amending the online version posted at https://www.spectrum.com/policies/residential-terms.html. Your continued use of the WiFi Service following any change to these Terms of Service constitutes your acceptance of and consent to such change and your agreement to be bound to the Terms of Service as so modified.
12. Suspension or Termination of Rights
We may suspend, restrict or terminate your access to or use of the WiFi Service at any time and for any reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service) and without prior notice to you, and you agree that we will have no liability to you as a result of such suspension, restriction or termination. We reserve the right to take any steps that we believe are necessary or appropriate to enforce and/or verify your compliance with these Terms of Service and, where applicable, the terms of the Residential General Terms and Conditions of Service and Acceptable Use Policy.
13. Miscellaneous
If a court or similar body determines that a portion of these Terms of Service is invalid or unenforceable, the remaining portion of these Terms of Service will remain in full force and effect. The invalid or unenforceable portion should be interpreted as closely as possible (consistent with the law in your area) so as to reflect the intention of the original. Except with our prior written consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by or your obligation to comply with these Terms of Service.