Owner`s manual

CUSTOMER HANDBOOK
55
enter any premises where the TWC Equipment may be located for the purpose of
disconnecting and retrieving the TWC Equipment. I will pay any expense incurred
by TWC in any retrieval of the unreturned TWC Equipment. TWC may charge me a
continuing monthly fee until any outstanding TWC Equipment is returned, collected
by TWC or fully paid for by me in accordance with Section 3(g). The current fee
is listed in the list of charges on the price list or can be provided on request. (g) I
agree to pay TWC liquidated damages in the amount demanded by TWC, but not to
exceed that specified in the then-current price list, for the replacement cost of the
TWC Equipment without any deduction for depreciation, wear and tear or physical
condition of such TWC Equipment if (i) I tamper with, or permit others to tamper
with, TWC Equipment, (ii) the TWC Equipment is destroyed, lost, or stolen, whether
or not due to circumstances beyond my reasonable control, and even if I exercised
due care to prevent such destruction, loss, or theft, or (iii) the TWC Equipment
is damaged (excluding equipment malfunction through no fault of my own) while
in my possession, whether or not due to circumstances beyond my reasonable
control, and even if I exercised due care to prevent such damage. I agree that these
liquidated damages are reasonable in light of the problem of theft of cable Services;
the existence of a “black market” in TWC Equipment; the ability of third parties to
steal Services with unlawfully obtained TWC Equipment, causing loss of revenues
for installation and service fees; and the difficulty in determining the actual damages
that arise from the unauthorized tampering with, loss, destruction, or theft of TWC
Equipment. I agree to return any damaged TWC Equipment to TWC. (h) I agree that
TWC may place equipment and cables on my premises to facilitate the provision
of Services to me and to other locations in my area. The license granted under this
Section 3(h) will survive the termination of this Agreement until the date that is one
year from the date on which I first notify TWC in writing that I am revoking such
license.
4. Use of Services; TWC Equipment and Software
(a) I agree that TWC has the right to add to, modify, or delete any aspect, feature
or requirement of the Services (including content, price, equipment and system
requirements). I further agree that my ISP (and, if applicable, OLP) has the right to
add to, modify, or delete any aspect, feature or requirement of the HSD Service
(including content, price and system requirements). If TWC changes its equipment
requirements with respect to any Services, I acknowledge that I may not be able to
receive such Services utilizing my then-current equipment. Upon any such change,
my continued use of Services will constitute my consent to such change and my
agreement to continue to receive the relevant Services, as so changed, pursuant to
this Agreement, the Terms of Use and the Tariff(s). If I participate in a promotional
offer for any Service(s) that covers a specified period of time, I agree that I am
assured only that I will be charged the promotional price for such Service(s) during
the time specified. I agree that TWC shall have the right to add to, modify, or delete
any aspect, feature or requirement of the relevant Service(s), other than the price
I am charged, during such promotional period. (b) I agree that the Services I have
requested are residential Services, offered for reasonable personal, non-commercial
use only. I will not resell or redistribute (whether for a fee or otherwise) the Services,
or any portion thereof, or charge others to use the Services, or any portion thereof.
Among other things: (i) If I receive Video Service, I agree not to use the Services for
the redistribution or retransmission of programming or for any enterprise purpose
whether or not the enterprise is directed toward making a profit. I agree that, among
other things, my use of the Services to transmit or distribute the Video Service,
or any portion thereof, to (or to provide or permit access by) persons outside the
location identified in the Work Order (even if to a limited group of people or to other
residences that I own or have the right to use), will constitute an enterprise purpose.
I acknowledge that programs and other materials that I receive as part of the Video
Service remain part of the Video Service even if I record or capture all or a portion
of any such program or material in a data file or on a hard drive, DVR or similar
device. (ii) If I receive Digital Phone Service, I agree not to use the Services for
telemarketing, call center, medical transcription or facsimile broadcasting Services or
for any enterprise purpose whether or not the enterprise is directed toward making a
profit. I agree that, among other things, my use of the Services to make available my
Digital Phone Service, or any portion thereof, to (or to provide or permit access by)
persons outside the location identified in the Work Order (even if to a limited group
of people or to other residences that I own or have the right to use), will constitute
an enterprise purpose. (iii) If I receive HSD Service, I agree not to use the HSD
Service for operation as an Internet service provider, for the hosting of websites
(other than as expressly permitted as part of the HSD Service) or for any enterprise
purpose whether or not the enterprise is directed toward making a profit. I agree
that, among other things, my use of any form of transmitter or wide area network
that enables persons or entities outside the location identified in the Work Order
to use my Services, whether or not a fee is sought, will constitute an enterprise
purpose. Furthermore, if I use a wireless network within my residence, I will limit
wireless access to the HSD Service (by establishing and using a secure password
or similar means) to the members of my household. (c) Theft or willful damage,
alteration, or destruction of TWC Equipment, or unauthorized reception, theft or
diversion of Services, or assisting such theft, diversion, or unauthorized reception
is a breach of this Agreement and potentially punishable under law (including by
way of statutory damages, fine and/or imprisonment). Nothing in this Agreement,
including, Section 3(g) above, shall prevent TWC from enforcing any rights it has
with respect to theft or unauthorized tampering of Services or TWC Equipment
under applicable law. (d) I will not, nor will I allow others to, open, alter, misuse,
tamper with or remove the TWC Equipment as and where installed by TWC or use
it contrary to this Agreement, the Terms of Use, or the Tariff(s). I will not, nor will I
allow others to, remove any markings or labels from the TWC Equipment indicating
TWC ownership or serial or identity numbers. I will safeguard the TWC Equipment
from loss or damage of any kind, including accidents, breakage or house fire, and
will not permit anyone other than an authorized representative of TWC to perform
any work on the TWC Equipment. (e) I agree that to the extent any Software is
licensed (or sublicensed) to me by TWC, such Software is provided for the limited
purpose of facilitating my use of the Services as described in this Agreement. I
will not engage in, or permit, any additional copying, or any translation, reverse
engineering or reverse compiling, disassembly or modification of or preparation of
any derivative works based on the Software, all of which are prohibited. I will return
or destroy all Software provided by TWC and any related written materials promptly
upon termination of the associated Services to me for any reason. Software
licensed to me by my ISP or OLP, for instance my ISP’s or OLP’s client or browser
software, is licensed under the ISP Terms or OLP Terms, as applicable, and is not
the responsibility of TWC. (f) I agree that I will use the Services for lawful purposes
only, and in accordance with this Agreement, the Terms of Use and the Tariff(s).
(g) I agree to be responsible for protecting the confidentiality of my screen names,
passwords, personal identification numbers (PINs), parental control passwords or
codes, and any other security measures made available, recommended or required
by Time Warner Cable. To the extent this information is acquired by any other
person (through no fault of TWC), TWC may assume that I have authorized such
person’s use of the information. I also acknowledge that TWC’s Services may
from time to time include interactive features, the use of which may result in the
transmission to, and use by, TWC or certain third parties of information that may
constitute personally identifiable information (as such term is used in the Federal
Communications Act of 1934) about me and for which TWC may be required,
under the Federal Communications Act of 1934, to obtain my consent. I agree
that TWC may seek such consents (or indications of my election to “opt in” to
certain TWC programs) electronically, including through the use of a “click through”
screen, and that TWC is entitled to assume that any such consent or opt-in election
communicated through my Services or from the location at which I receive the
Services is my consent or opt-in election or has been authorized by me. (h) I agree
that TWC has no liability for the completeness, accuracy or truth of the programs
or information it transmits. (i) Data Storage Services. I agree that any online or
physical data storage services provided to me by TWC are used at my sole risk
and that TWC will have no liability in the event my data is corrupted or lost as a
result of or while using such services. I agree that when I return TWC Equipment to
TWC, I am responsible for ensuring that all of my data is removed from such TWC
Equipment and acknowledge that TWC has no responsibility for any such data that
I do not remove.
5. Special Provisions Regarding Digital Phone Service
(a) I acknowledge that the voice-enabled cable modem used to provide the Digital
Phone Service is electrically powered and that the Digital Phone Service, including
the ability to access 911 Services and home security and medical monitoring
Services, may not operate in the event of an electrical power outage or if my
broadband cable connection is disrupted or not operating. I acknowledge that, in
the event of a power outage in my home, any battery included in my voice-enabled
cable modem may enable back-up service for a limited period of time or not at all,
depending on the circumstances, and that inclusion of the battery does not ensure
that Digital Phone Service will be available in all circumstances. I also acknowledge
that, in the event of a loss of power that disrupts my local TWC cable system,
the battery in my voice-enabled cable modem will not provide back-up service and
the Digital Phone Service will not be available. (b) I agree that TWC will not be
responsible for any losses or damages arising as a result of the unavailability of
the Digital Phone Service, including the inability to reach 911 or other emergency
Services, or the inability to contact my home security system or remote medical
monitoring service provider. I acknowledge that TWC does not guarantee that the
Digital Phone Service will operate with my home security and/or medical monitoring
systems, and that I must contact my home security or medical monitoring provider
in order to test my system’s operation with the Digital Phone Service. I agree that
I am responsible for the cost of any such testing or any fees for configuring my
home security or medical monitoring system to work with the Digital Phone Service.
(c) The location and address associated with my Digital Phone Service will be the
address identified on the Work Order. I acknowledge that, under Section 4(d) of
this Agreement, I am not permitted to move TWC Equipment from the location and
address in which it has been installed. Furthermore, if I move my voice-enabled cable
modem to an address different than that identified on the Work Order, calls from
such modem to 911 will appear to 911 emergency service operators to be coming
from the address identified on the Work Order and not the new address. (d) I agree
to provide TWC and its authorized agents with access to my telephone inside wiring
at the Network Interface Device or at some other minimum point of entry in order to
provide the Digital Phone Service over my existing in-home wiring. (e) I agree that
in the event of a material error or omission affecting my directory listing information,
regardless of form or fault by TWC, including the erroneous inclusion in published
directory listings of any information that I intend not to have published, my sole
remedy shall be a service credit in an amount set by TWC’s then-current standard
policies or an amount prescribed by applicable regulatory requirements, whichever
is greater. TWC shall have no other liability for errors, omissions or mistaken
inclusions in directory listings.
6. Special Provisions Regarding HSD Service
(a) Description of HSD Service. (i) I acknowledge that each tier or level of the HSD
Service has limits on the Maximum Throughput Rate at which I may send and receive
data at any time, as set forth in the price list or Terms of Use, and that the Maximum
Throughput Rate may be achieved in bursts, but generally will not be sustained on
a consistent basis due to the nature of the Internet, the protocols used to transmit
data to and from the Internet, and TWC’s facilities. I also understand that the actual
Throughput Rate I may experience at any time will vary based on numerous factors,
such as the condition of wiring at my location, computer configurations, Internet
and TWC network congestion, the time of day at which I use the HSD Service,
and the website servers I access, among other factors. Additionally, Throughput
Rate may be affected by Network Management Tools, the prioritization of TWC
commercial subscriber traffic and network control information, and necessary
bandwidth overhead used for protocol and network information. (ii) I agree that
TWC or ISP may change the Maximum Throughput Rate of any tier by amending
the price list or Terms of Use. My continued use of the HSD Service following such
a change will constitute my acceptance of any new Maximum Throughput Rate.
If the level or tier of HSD Service to which I subscribe has a specified limit on the
amount of bytes that I can use in a given billing cycle, I also agree that TWC may
use technical means, including but not limited to suspending or reducing the speed
of my HSD Service, to ensure compliance with these limits, and that TWC or ISP
may move me to a higher tier of HSD Service (which may result in higher monthly
I Subscriber Agreement