Owner`s manual
CUSTOMER HANDBOOK
56
charges) or impose other charges and fees if my use exceeds these limits. (iii) I
agree that TWC may use Network Management Tools as it determines appropriate
and/or that it may use technical means, including but not limited to suspending or
reducing the Throughput Rate of my HSD Service, to ensure compliance with its
Terms of Use and to ensure that its service operates efficiently. I further agree that
TWC and ISP have the right to monitor my bandwidth usage patterns to facilitate
the provision of the HSD Service and to ensure my compliance with the Terms of
Use and to efficiently manage their networks and their provision of services. TWC or
ISP may take such steps as each may determine appropriate in the event my usage
of the HSD Service does not comply with the Terms of Use. I acknowledge that
HSD Service does not include other services managed by TWC and delivered over
TWC’s shared infrastructure, including Video Service and Digital Phone Service.
(b) I may rent a cable modem from TWC or may purchase a DOCSIS-compliant,
TWC-approved cable modem from a third party provider. TWC reserves the right
to provide service only to users with TWC-approved DOCSIS-compliant modems.
Modems not TWC-approved may not function as intended and may not receive
TWC advertised services. (c) Republication. (i) I acknowledge that material posted or
transmitted through the HSD Service may be copied, republished or distributed by
third parties, and that the TWC Parties will not be responsible for any harm resulting
from such actions. (ii) I grant to TWC, and I represent, warrant and covenant that
I have all necessary rights to so grant, the non-exclusive, worldwide, royalty-free,
perpetual, irrevocable, right and license to use, reproduce, modify, adapt, publish,
translate, distribute, perform and display in any media all material posted on the
public areas of the HSD Service via my account and/or to incorporate the same
in other works, but only for purposes consistent with operation and promotion of
the HSD Service. (iii) I agree that unsolicited email, or “spam,” is a nuisance and
that TWC and my ISP (and, if applicable, my OLP) are entitled to establish limits on
the volume of email that I send. Such volume limits may be set by reference to a
number of emails per day, week, month or year. (d) Continuity of Service. In order
to provide continuity of service to me, if my choice of ISP is no longer available over
my local TWC cable system, I agree that TWC may provide me with an alternative
ISP. In such event, TWC will notify me of the date as of which I will begin receiving
service from the alternative ISP, the provision of which shall also be governed by this
Agreement, and TWC will provide to me a price list for such alternative ISP service.
I will have the right at any time to terminate the alternative ISP or to change my
subscription to any other ISP then offered by TWC. (e) Unfiltered Internet Access.
I acknowledge that the ISP Service provides a connection to the Internet that may
be unfiltered, and that the TWC Parties neither control nor assume responsibility
for any content on the Internet or content that is posted by a subscriber. Although
TWC or my ISP or OLP may make available certain parental control features, I
acknowledge that such parental control features may not be entirely effective or
foolproof and that, notwithstanding such features, I or members of my household
may be exposed to unfiltered content. (f) Use of ISP and OLP Service. I agree that
TWC and/or my ISP and/or OLP has the right, but not the obligation, to edit, refuse
to post or transmit, request removal of, or remove or block any material transmitted
through, submitted to or posted on the HSD Service, if it determines in its discretion
that the material violates the terms of this Agreement, any TWC consumption limits
or any other Terms of Use. Such material might include personal home pages and
links to other sites. In addition, I agree that, under such circumstances, TWC may
suspend my account, take other action to prevent me from utilizing certain account
privileges (e.g., home pages) or cancel my account without prior notification. I also
agree that TWC and/or ISP and/or OLP may suspend or cancel my account for
using all or part of the HSD Service in a manner that violates this Agreement or the
Terms of Use. (g) Responsibility for HSD Service. Each of TWC and my ISP (and,
if applicable, my OLP) has responsibilities for the HSD Service. I acknowledge that
each of my ISP and OLP may have one or more separate agreements, policies or
other terms covering my rights and obligations with regard to the HSD Service (“ISP
Terms” or “OLP Terms,” as applicable) that are also binding on me. This Agreement
does not cover any ISP or OLP features or Services that are not dependent upon
distribution over TWC’s cable systems (for example, dial up access or my use of ISP
or OLP software that enables access to ISP or OLP features or Services through
non-TWC access means) or that may otherwise be provided to me by ISP or OLP
separately from the HSD Service under the ISP Terms or OLP Terms, as applicable.
In the event of termination of the HSD Service, I must also contact my ISP (and, if
applicable, my OLP) to ensure that these other features or Services (such as dial-up
access) are properly continued or discontinued. (h) Computer Requirements. I agree
that each Computer will need to meet certain minimum hardware and software
requirements that will be specified for the HSD Service, and that such requirements
may be changed from time to time by TWC or my ISP or OLP.
7. Support; Service and Repairs
(a) My Services include the right to request reasonable service and maintenance
calls to check and correct problems with the Services. TWC will, at its own
expense, repair damage to or, at TWC’s option, replace TWC Equipment, and
otherwise attempt to correct interruptions of the Services, due to reasonable
TWC Equipment wear and tear, or technical malfunction of the system or network
operated by TWC. The Subscriber Materials contain details on contacting TWC for
this support. (b) Unless I have obtained a TWC service protection plan (if available
in my area), I agree that I am responsible for all wiring, equipment and related
software installed in my residence that is not TWC Equipment or TWC-licensed
Software and TWC will have no obligation to install, connect, support, maintain,
repair or replace any Computer, television, telephone or telephone answering
device, audiovisual recording or playback device (e.g., VCR, DVR, DVD), audio
equipment, any software, or any cable modem, cabling or other equipment (other
than TWC Equipment or TWC-licensed Software). TWC will not support, repair,
replace, or maintain any Network Interface Card, regardless of whether provided and
installed by TWC. (c) I agree that TWC has no responsibility for the operation of any
equipment, software or service other than the Services, the TWC Equipment and
the TWC-licensed Software. For instance, I acknowledge that certain commercially
available televisions, converter boxes and recording devices, which may be identified
by their manufacturers as “cable ready” or “digital cable ready,” may not be able to
receive or utilize all available Services without the addition of a TWC converter box
or other TWC Equipment for which a fee may be charged. I further acknowledge
that, even if TWC furnishes other TWC Equipment to me that is compatible with
my equipment, my equipment may not receive all Services available to customers
using a TWC converter box. If I receive HSD Service, TWC has no responsibility to
support, maintain or repair any equipment, software or service that I elect to use in
connection with the HSD Service, whether provided by my ISP, my OLP or a third
party. For assistance with technical problems arising from such equipment, software
or Services, I should refer to the Subscriber Materials for information regarding the
technical support provided by my ISP or OLP or to the support area of the ISP or
OLP or to the relevant third party’s material. (d) If TWC determines that non-TWC
cabling or equipment connecting my residence to TWC Equipment installed on the
side of or adjacent to my residence (i.e., at a ground block) is the cause of a service
problem, I agree that TWC may charge me to resolve such service problem. If
available from TWC in my area, I may subscribe to a TWC service protection plan
that covers service related calls within my residence. If any other support Services
are available from TWC, such Services will be at additional charges as described in
TWC’s price list.
8. Service Interruptions; Force Majeure
(a) I agree that TWC has no liability for delays in or interruption to my Services
except that, if for reasons within TWC’s reasonable control, for more than twenty-
four (24) consecutive hours, (i) service on all cable channels is interrupted, (ii) there
is a complete failure of the HSD Service or (iii) there is a complete failure of the
Digital Phone Service, TWC will give me a prorated credit for the period of such
interruption or failure if I request one within 30 days of the interruption or failure.
Notwithstanding the above, TWC will issue credits for VOD, pay-per-view and
pay-per-play events for service problems where a credit request is made within 30
days of the interruption or failure. In no event shall TWC be required to credit me an
amount in excess of applicable service fees. TWC will make any such credit on the
next practicable bill for my Services. State and local law or regulation may impose
other outage credit requirements with respect to some or all of my Services. In
such event, the relevant law or regulation will control. (b) I acknowledge that TWC
may conduct maintenance from time to time that may result in interruptions of my
Services. (c) The TWC Parties shall have no liability, except as set forth in Section
8(a), for interruption of the Services due to circumstances beyond its reasonable
control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation
or governmental acts, fire, civil disturbance, electrical power outage, computer
viruses or worms, strike or weather. (d) TWC is only obligated to provide the above-
referenced credits for loss of Services if TWC is billing me for the relevant Service
at the time of the outage. If a third party, including my ISP or OLP, is billing me, I will
look solely to such third party for a credit with respect to that Service.
9. Review and Enforcement
(a) TWC may suspend or terminate all or a portion of my Services without prior
notification if TWC determines in its discretion that I have violated this Agreement,
any of the Terms of Use or any Tariff(s), even if the violation was a one-time event.
If all or a portion of my Services are suspended for more than 24 hours, I will not be
charged for the relevant Services during the suspension. If my account is terminated,
I will be refunded any pre-paid fees minus any amounts due TWC. (b) If I receive
HSD Service, I acknowledge that TWC has the right, but not the obligation, to
review content on public areas of the HSD Service, including chat rooms, bulletin
boards and forums, in order to determine compliance with this Agreement and the
Terms of Use. (c) I agree that TWC shall have the right to take any action that TWC
deems appropriate to protect the Services, TWC’s facilities or TWC Equipment.
10. Termination of Service
(a) Either TWC or I, each in our sole discretion, may terminate all or any portion of
my Services at any time for any or no reason, in its sole discretion, in accordance
with applicable law. (b) If I am moving or wish to terminate all or any portion of my
Services for any reason, I will notify TWC by phone or by mail as instructed in the
Subscriber Materials in order to set up a disconnect appointment and provide TWC
with access to my premises to disconnect the relevant Services and recover the
TWC Equipment specified on the Work Order on a DATE PRIOR TO the last day of
residency. This also applies if I am receiving a period of free or discounted Services.
In other words, at the end of the free or discounted period, TWC is entitled to begin
billing me for the usual charges associated with the relevant Services unless I take
the appropriate steps to terminate the Services as described in this paragraph. (c)
I cannot terminate my Services by writing “Canceled” (or any other messages)
on my bill or check, or by making a disconnect appointment that does not result
in TWC’s physical recovery of the TWC Equipment. In addition, I agree that any
restrictive endorsements (such as “paid in full”), releases or other statements on
or accompanying checks or other payments accepted by TWC shall have no legal
effect. (d) I acknowledge that notice given by me to TWC of termination of any
Services may not be sufficient to terminate billing by any third party for additional or
continuing Services, for example, billing by my ISP or OLP for continuing “dial up”
access. I agree that I am solely responsible for contacting any such third party in
addition to TWC to ensure that all such Services are terminated in accordance with
the third party’s terms of service, if applicable.
11. Disclaimer of Warranty; Limitation of Liability
(a) I AGREE THAT THE SERVICES ARE PROVIDED BY TWC ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR
NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. TWC
MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED
OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING
CODE OR CONDITIONS, OR THE LIKE, OR THAT THE TWC EQUIPMENT WILL
OPERATE AS INTENDED. IN PARTICULAR, I AGREE THAT MY USE OF THE HSD
SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT
AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE
TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND
Subscriber Agreement I