Owner`s manual

CUSTOMER HANDBOOK
57
TO ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT MY SOLE
RISK AND THAT TWC DOES NOT WARRANT THAT THE HSD SERVICE OR
EQUIPMENT PROVIDED BY TWC WILL PERFORM AT A PARTICULAR SPEED,
BANDWIDTH OR THROUGHPUT RATE. I FURTHER AGREE THAT TWC IS
NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD
ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY
PROGRAM OR CONTENT ON MY DVR. WITHOUT LIMITING THE FOREGOING:
(i) ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY TWC AND/
OR ISP AND/OR OLP AND/OR ANY LONG DISTANCE PROVIDER AND/
OR OTHER THIRD PARTY TO ME THAT ARE NOT PART OF THE SERVICES
AS DEFINED HEREIN ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND
THE TWC PARTIES HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH
PRODUCTS OR SERVICES; AND (ii) NONE OF THE TWC PARTIES MAKES
ANY WARRANTIES AS TO THE SECURITY OF MY COMMUNICATIONS VIA
TWC’S FACILITIES OR THE SERVICES (WHETHER SUCH COMMUNICATIONS
ARE DIRECTED WITHIN THE SERVICES, OR OUTSIDE THE SERVICE
TO OR THROUGH THE INTERNET), OR THAT THIRD PARTIES WILL NOT
GAIN UNAUTHORIZED ACCESS TO OR MONITOR MY EQUIPMENT OR
COMMUNICATIONS. I AGREE THAT NONE OF THE TWC PARTIES WILL
BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. I HAVE THE SOLE
RESPONSIBILITY TO SECURE MY EQUIPMENT AND COMMUNICATIONS. (b)
I ACKNOWLEDGE THAT TWC’S OR MY INSTALLATION, USE, INSPECTION,
MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE SERVICES,
TWC EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO MY
COMPUTER(S), TELEPHONES AND TELEPHONE ANSWERING DEVICES,
TELEVISIONS, RECORDING AND PLAYBACK DEVICES, AUDIO EQUIPMENT,
OR ANY CABLE MODEM, CABLING OR OTHER EQUIPMENT OR HARDWARE,
INCLUDING SOFTWARE AND DATA FILES STORED THEREON. I SHALL BE
SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER OR
OTHER SOFTWARE OR DATA FILES PRIOR TO THE PERFORMANCE OF ANY
OF THE FOREGOING ACTIVITIES. NONE OF THE TWC PARTIES, OR THEIR
VENDORS, LICENSEES OR PROGRAMMERS, SHALL HAVE ANY LIABILITY,
AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER,
FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY EQUIPMENT,
SOFTWARE, HARDWARE, DATA OR FILES. (c) EXCEPT FOR THE REFUND
OR CREDIT AS EXPRESSLY PROVIDED IN SECTIONS 9(a) AND 8(a)
RESPECTIVELY, IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY TWC
PARTY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING THE SERVICES (INCLUDING THE CONTENT INCLUDED
THEREIN OR THE SERVICES ACCESSED THEREBY) OR EQUIPMENT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICES, INCLUDING THE USE OF OR INABILITY TO USE EMERGENCY 911
SERVICES; FOR ANY ERRORS, OMISSIONS, MISTAKEN INCLUSIONS OR
PUBLICATION OF ANY DIRECTORY LISTING INFORMATION, REGARDLESS
OF FORM; FOR ANY ACTION TAKEN BY TWC TO PROTECT THE SERVICES;
OR THE BREACH BY TWC OF ANY WARRANTY. (d) I AGREE THAT THE
PROVISIONS OF THIS SECTION 11 SHALL APPLY TO ALL CONTENT OR
SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICES, AND
ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY, ALL OF THE TWC
PARTIES.
12. Privacy
(a) My privacy interests, including my ability to limit disclosure of certain
information to third parties, may be addressed by, among other laws, the Federal
Communications Act of 1934, as amended, and the Electronic Communications
Privacy Act. Personally identifiable information that may be collected, used or
disclosed in accordance with applicable laws is described in the Subscriber Privacy
Notice delivered to me by TWC on its own behalf and on behalf of its Affiliated
ISPs. I acknowledge receipt of the Subscriber Privacy Notice, which is deemed
to form a part of this Agreement, and expressly consent to the collection, use
and disclosure of personally identifiable and other information as described in the
Subscriber Privacy Notice, as it may be amended from time to time. (b) I agree
that, in addition to actions and disclosures specifically authorized by law or statute
or authorized elsewhere in this Agreement, TWC and its Affiliated ISPs shall each
have the right (except where prohibited by law notwithstanding my consent), but
not the obligation, to disclose any information to protect their respective rights,
property and/or operations, or where circumstances suggest that individual or
public safety is in peril. I consent to such actions or disclosures. (c) If I am a
Digital Phone customer, I consent to TWC’s disclosure of my name, address and/
or telephone number to the general public in connection with Caller ID functions,
telephone directories and 411 services. If I wish to have TWC remove this
information from one or more of these Services, I understand that I may direct TWC
to do so, subject to any applicable fees. I also consent to TWC’s disclosure of
my name, address and/or telephone number in response to 911 and similar public
safety requests and to the telephone companies serving those end users to whom I
make calls so that the calls can be completed.
13. Consent to Phone and Email Contact
(a) I consent to TWC calling the phone numbers I supply to it for any purpose,
including the marketing of its current and future Services. I agree that these phone
calls may be made using any method, including an automatic dialing system or an
artificial or recorded voice. Upon my request, the phone numbers I have previously
provided will be removed from TWC’s phone marketing list. I can make this request
by calling or writing my local TWC office and asking to be placed on TWC’s Do Not
Call List. (b) I acknowledge that being included in any state or federal “do not call”
registry will not be sufficient to remove me from TWC’s phone marketing list. (c)
I consent to TWC emailing me, at any email address, including that of a wireless
or mobile device, that I provide to TWC (or that TWC issues to me in connection
with the Service), for any purpose, including the marketing of TWC’s current and
future Services. If my wireless or mobile provider charges me for receipt of such
messages, I acknowledge and agree that I am responsible for paying such charges.
I may revoke this authorization insofar as it relates to marketing messages at any
time by calling or writing my local TWC office.
14. Arbitration
EXCEPT FOR CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW,
ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING
OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY
BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING,
IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION
OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION
ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR OF ANY
DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS
AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF;
INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT
OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT
MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A
COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED
BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED
IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF
THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL
CONTINUE TO BE ENFORCEABLE, EXCEPT THAT IF THE PROHIBITION
AGAINST CONSOLIDATED OR CLASS ACTION ARBITRATIONS SET FORTH
ABOVE IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS
ARBITRATION CLAUSE SHALL BE NULL AND VOID.
15. Definitions
(a) “Affiliated ISP” means Road Runner and any other ISP in which any TWC Party
holds an ownership interest. (b) “Agreement” means this Services Subscription
Agreement, as it may be amended from time to time by TWC. (c) “Computer”
means the personal computer(s) located at my residence that will be used to
access the HSD Service, as specified on the accompanying Work Order. (d)
“Digital Phone Service” means the TWC phone service that provides users with
the ability to send and receive local and/or long distance calls and to access
additional related features and functions through TWC’s cable systems. (e) “DVR”
means a set-top box or other device enabled with a digital video recorder that
is provided to me by TWC. (f) “HSD Service” and “High Speed Data Service”
mean the online content, features, functions and Services (which may include
Internet access) of the ISP or OLP selected by me, as provided over TWC’s cable
systems. (g) “including” or “include” shall mean inclusion, without limitation. (h)
“ISP” means the Internet service provider selected by me from among those
offered now or in the future by TWC for the HSD Service. My ISP is the entity
that provides my Internet connectivity. (i) “Maximum Throughput Rate” means the
highest Throughput Rate provided by the level or tier of HSD Service to which I
subscribe. (j) “Me,” “My,” and “I” mean the account holder identified on the Work
Order who is authorized by TWC to access and use the Services. (k) “Network
Management Tools” means tools and techniques that may be used by TWC as it
determines appropriate in order to efficiently manage its network, ensure a quality
user experience for its subscribers and ensure compliance with the Acceptable Use
Policy. Examples of Network Management Tools can be found in the Acceptable
Use Policy, http://help.twcable.com/html/twc_misp_aup.html (l) “OLP” or “On-line
Provider” means a provider of on-line content, features, functions and Services that
are used in conjunction with my ISP Service (and whose service may be purchased
with an ISP Service as part of a combined offering) but that does not itself provide
Internet connectivity. (m) “Services” means any and all Services provided to me by
TWC, which may include Video Service, High Speed Data Service, Digital Phone
Service and equipment based Services such as digital video recorder Services.
(n) “Software” means the computer software, if any, licensed by ISP or OLP to
me to access the HSD Service, or licensed by TWC to me to facilitate installation
or use of my ISP’s or OLP’s service or any other Services. Software also refers
to any executable code that may be included in, downloaded to, or utilized by,
any TWC Equipment. (o) “Subscriber Materials” means the handbooks, manuals
and other guide materials provided by TWC or any third party (including my ISP
or OLP) regarding use of the Services. (p) “Subscriber Privacy Notice” means
the Subscriber Privacy Notice described in Section 12(a), as it may be amended
from time to time by TWC. (q) “Tariff(s)” means the materials describing the
terms upon which TWC offers Digital Phone Service, which have been filed at the
Public Service Commission or comparable state agency serving the jurisdiction in
which I live. (r) “Terms of Use” shall mean all rules, terms and conditions set forth
in this Agreement or otherwise established now or hereafter by TWC regarding
permissible or impermissible uses of or activities related to, the HSD Service. (s)
“Throughput Rate” refers to the amount of data that can be transferred between
my location and the TWC facilities serving my location over a given period of time.
Throughput Rates described in all TWC materials, including marketing materials,
price lists and Terms of Use refer to Maximum Throughput Rates. (t) “TWC”
means the local Time Warner Cable-affiliated cable operator that is providing the
Services over its cable system, or any cable operator to whom TWC assigns this
Agreement. (u) “TWC Equipment” means any equipment provided by TWC to me
including, but not limited to, wire, cable, cable conduit, splitters, junction boxes,
converter boxes (also known as “set top” boxes), decoders, CableCARD™,
terminals, cable modems, voice-enabled cable modems, remote control units, and
any other equipment or materials provided to me by TWC for use in connection
with the receipt of Services. TWC Equipment does not include any Network
Interface Card (“NIC”) installed in my Computer. (v) “TWC Parties” means TWC
and its corporate parents, affiliates and subsidiaries and their respective directors,
officers, employees and agents. (w) “Video Service” means video and/or audio
programming Services such as basic, standard, digital and premium Services,
Services provided on a per-channel or per-program basis, pay-per-play, pay-per-view
or VOD. (x) “VOD” means video on demand. (y) “Work Order” means the Time
Warner Cable work order provided to me on or after January 1, 2006 in connection
with the installation or commencement of my Service(s).
I Subscriber Agreement