Owner`s manual

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CUSTOMER HANDBOOK

IMPORTANT INFORMATION ABOUT YOUR TIME WARNER CABLE SERVICES

The account holder(s) referred to on the accompanying Time Warner Cable

Work Order or statement (“I,” “me” or “my”) agrees that the Work Order, this

Agreement, the Terms of Use referred to below, and any applicable Tariff(s) on ﬁle

with the state utility commission or comparable state agency in the jurisdiction in

which I live, set forth the terms and conditions that govern my receipt of Services

from Time Warner Cable, which may include, among others, video, high-speed data

and voice Services. The term “Services” and all other capitalized terms used in this

Agreement are deﬁned in Section 15.

In consideration of TWC’s provision of the Services that I have requested, subject to

applicable law, I AGREE AS FOLLOWS:

1. Important Information About This Agreement

(a) This Agreement, the Work Order, the Terms of Use and any effective and

applicable Tariff(s), each of which TWC may amend as set forth below, constitute

the entire agreement between TWC and me. This Agreement supersedes all

previous written or oral agreements between TWC and me. I am not entitled to rely

on any oral or written statements by TWC’s representatives relating to the subjects

covered by these documents, whether made prior to the date of my Work Order or

thereafter, and TWC will have no liability to me except in respect of its obligations

as described in this Agreement and the other documents referred to above. The

use of my Services by any person other than me is also subject to the terms of

this Agreement, the Terms of Use, and any applicable Tariff(s). (b) TWC has the

right to add to, modify, or delete any term of this Agreement, the Terms of Use, the

Subscriber Privacy Notice or any applicable Tariff(s) at any time. An online version of

this Agreement, the Terms of Use, the Subscriber Privacy Notice and any applicable

Tariff(s), as so changed from time to time, will be accessible at

http://help.twcable.com/html/policies.html or another online location designated

by TWC, or can be obtained by calling my local TWC ofﬁce. The online versions

of these documents are always the most current versions. (c) TWC will notify me

of any signiﬁcant change(s) in this Agreement, the Terms of Use, the Subscriber

Privacy Notice or any applicable Tariff(s). Any changes will become effective at

such time as we update the on-line version of the relevant document, except where

applicable law requires a notice period, in which case the change will become

effective at the end of the requisite notice period. Upon effectiveness of any

change to any of these documents, my continued use of the Services will constitute

my consent to such change and my agreement to be bound by the terms of the

document as so changed. If I do not agree to any such change, I will immediately

stop using the Services and notify TWC that I am terminating my Services account.

(d) My acceptance of Services constitutes my acceptance of the terms and

conditions contained in this Agreement. In the event that a portion of my Services

is terminated, or any aspect of it is changed, any remaining service or replacement

service will continue to be governed by this Agreement.

2. Payment; Charges

(a) I agree to pay TWC for (i) all use of my Services (including, if TWC is the party

billing me for ISP or OLP Service, for my subscription to my choice of ISP or OLP, as

applicable), (ii) installation and applicable service charges, (iii) TWC Equipment, and

(iv) all applicable local, state and federal fees and taxes. Charges for the Services

that I receive have been provided to me. Other charges are set forth on a separate

price list that I have received and/or can be provided on request. I will be billed

monthly in advance for recurring monthly charges. Other charges will be billed in

the next practicable monthly billing cycle following use, or as otherwise speciﬁed

in the price list. TWC may change both the fees and the types of charges (e.g.,

periodic, time-based, use-based) for my Services. If I participate in a promotional

offer that requires a minimum time commitment and I terminate early, I agree that

I am responsible for any early termination fees that were described to me at the

commencement of such promotion. (b) Charges for installation Services and

related equipment available from TWC for a standard Services installation may

be described in TWC’s list of charges and any applicable Tariff(s) and/or can be

provided on request. Non-standard installations, if available, may result in additional

charges as described in TWC’s list of charges. In addition, I agree to pay charges

for repair service calls resulting from my misuse of TWC Equipment or for failures

in equipment not supplied by TWC. (c) If my Services account is past due and

TWC sends a collector to my premises, a ﬁeld collection fee may be charged. The

current ﬁeld collection fee is on the price list or can be provided on request. I will

also be responsible for all other expenses (including reasonable attorneys’ fees

and costs) incurred by TWC in collecting any amounts due under this Agreement

and not paid by me. (d) All charges are payable on the due date speciﬁed, or as

otherwise indicated, on my bill. I agree that late charges may be assessed if my

account is past due. My failure to deliver payment by the due date is a breach of

this Agreement. The current late fees are on the price list or can be provided upon

request and, if applicable, will not exceed the maximum late fees as set forth by

applicable law. TWC reserves the right to change the late fees. (e) I agree that if my

Services account with TWC is past due, TWC may terminate any of my Services

or accounts, including Digital Phone Service, in accordance with applicable law. If I

have a credit due to me or a deposit is being held on any account with TWC, I agree

that the credit or deposit may be used to offset amounts past due on any other

account I may have with TWC without notice to me. To reconnect any terminated

Services, I may be required, in addition to payment of all outstanding balances

on all accounts with TWC, to pay reconnect charges or other charges (where

applicable) and/or security deposits before reconnection. (f) TWC may verify my

credit standing with credit reporting agencies and require a deposit based on my

credit standing or other applicable criteria. TWC may require a security deposit,

or a bank or credit card or account debit authorization from me as a condition of

providing or continuing to provide Services. If TWC requires a security deposit, the

obligations of TWC regarding such security deposit will be governed by the terms

of the deposit receipt provided by TWC to me at the time the deposit is collected.

I agree that TWC may deduct amounts from my security deposit, bill any bank or

credit card submitted by me, or utilize any other means of payment available to

TWC, for any past due amounts payable by me to TWC, including in respect of

damaged or unreturned Equipment. (g) If I have elected to be billed by credit card,

debit card or ACH transfer, I agree that I will automatically be billed each month for

any amounts due under this Agreement. If I make payment by check, I authorize

TWC and its agents to collect this item electronically. (h) TWC may charge fees for

all returned checks and account debit, bank card or charge card chargebacks. The

current return/chargeback fees are listed in the list of charges on the price list or

can be provided on request. TWC reserves the right to change return/chargeback

fees. (i) If I subscribe to HSD Service, I acknowledge that, even if TWC is billing

for the HSD Service, my ISP or OLP may require a bank or credit card or account

debit authorization or other assurance of payment from me, including for charges

for additional or continuing Services outside the HSD Service billed by TWC that

are payable under the ISP Terms. I agree that TWC or ISP (and, if applicable, OLP)

may bill any bank or credit card submitted by me to ISP or OLP, or utilize any other

means of payment available to ISP or OLP for any past due amounts payable

by me to TWC. I also agree that responsibility for billing for my HSD Service

subscription may be changed between TWC and ISP or OLP upon notice to me. (j)

All use of my Services, whether or not authorized by me, will be deemed my use

and I will be responsible in all respects for all such use, including for payment of all

charges attributable to my account (e.g., for VOD movies, merchandise ordered

via Internet, international long distance charges, etc.). TWC is entitled to assume

that any communications made through my Services or from the location at which I

receive the Services are my communications or have been authorized by me, and I

authorize you to provide any Services to the person making such communications.

My Services may contain or make available information, content, merchandise,

products and Services provided by third parties and for which there may be charges

payable to third parties (which may include my choice of ISP or OLP and/or entities

afﬁliated with TWC). I agree that all such charges incurred by me or attributed to

my account will be my sole and exclusive responsibility and agree to pay the same

when due, and shall indemnify and hold harmless the TWC Parties for all liability for

such charges. I agree that TWC is not responsible or liable for the quality of any

content, merchandise, products or Services (or the price thereof) made available

to me via the Services, for the representations or warranties made by the seller

or manufacturer of any such item, or for damage to or injury, if any, resulting from

the use of such item. (k) I acknowledge that currently, and from time to time, there

is uncertainty about the regulatory classiﬁcation of some of the Services TWC

provides and, consequently, uncertainty about what fees, taxes and surcharges are

due from TWC and/or its customers. Accordingly, I agree that TWC has the right

to determine, in its sole discretion, what fees, taxes and surcharges are due and to

collect and remit them to the relevant governmental authorities, and/or to pay and

pass them through to me. I further agree to waive any claims I may have regarding

TWC’s collection or remittance of such fees, taxes and surcharges. I further

understand that I may obtain a list of the fees, taxes and surcharges that my local

TWC ofﬁce currently collects or passes through by writing to TWC at the following

address and requesting same: Time Warner Cable, 7800 Crescent Executive Drive,

Charlotte, North Carolina, 28217; Attention: Subscriber Tax Inquiries. (l) I agree that

it is my responsibility to report TWC billing errors within 30 days from receipt of the

bill so that service levels and all payments can be veriﬁed. If not reported within 30

days, the errors are waived. (m) I agree that TWC has no obligation to notify me of,

or change my rate to reﬂect, offers it may make to consumers that contain different

prices for Services (or packages of Services) that are the same as, or similar to, the

Services I receive.

3. Installation; Equipment and Cabling

(a) If I am not the owner of the house, apartment or other premises upon which

TWC Equipment and Software are to be installed, I warrant that I have obtained

the consent of the owner of the premises for TWC personnel and/or its agents to

enter the premises for the purposes described in Section 3(d). I agree to indemnify

and hold the TWC Parties harmless from and against any claims of the owner of

the premises arising out of the performance of this Agreement (including costs and

reasonable attorneys’ fees). (b) I authorize TWC to make any preparations to the

premises necessary for the installation, maintenance, or removal of equipment. TWC

shall not be liable for any effects of normal Services installation and workmanship,

such as holes in walls, etc., which may remain after installation or removal of the

TWC Equipment, except for damage caused by negligence on the part of TWC.

personal property of TWC, and I agree that I do not become an owner of any

TWC Equipment by virtue of the payments provided for in this Agreement or the

Tariff(s) or the attachment of any portion of the TWC Equipment to my residence

or otherwise. Upon termination of any Services, subject to any applicable laws or

regulations, TWC may, but shall not be obligated to, retrieve any associated TWC

Equipment not returned by me as required under Section 3(f) below. TWC will not

be deemed to have “abandoned” the TWC Equipment if it does not retrieve such

equipment. (d) I agree to provide TWC and its authorized agents access to my

premises during regular business hours upon reasonable notice during the term of

this Agreement and after its termination to install, connect, inspect, maintain, repair,

replace, alter or disconnect or remove the TWC Equipment, to install Software, to

conduct service theft audits, or to check for signal leakage. I agree that TWC may

have reasonable access to easements and TWC Equipment located on my grounds.

(e) TWC shall have the right to upgrade, modify and enhance TWC Equipment and

Software from time to time through “downloads” from TWC’s network or otherwise.

Without limiting the foregoing, TWC may, at any time, employ such means to limit

or increase the throughput available through individual cable modems whether

or not provided by TWC. (f) If the Services are terminated, I agree that I have no

right to possess or use the TWC Equipment related to the terminated Services.

As required under Section 10(b), I agree that I must arrange for the return of TWC

Equipment to TWC, in the same condition as when received (excepting ordinary

wear and tear), upon termination of the Services. If I do not promptly return the

TWC Equipment or schedule with TWC for its disconnection and removal, TWC may

Subscriber Agreement I

Time Warner Cable Residential Services | SUBSCRIBER AGREEMENT

An online version of this notice is accessible at www.timewarnercable.com/socal/customer.