The links below provide you access to Charter's policies & agreements.
- Website Use Terms and Conditions
- Commercial Acceptable Use Policy
- Commercial Terms of Service
- Electronic Bill Payment Terms and Conditions
- Residential Acceptable Use Policy
- Residential Customer Agreement
- 30-Day Guarantee
- Procedure for Submitting a Notice of Claimed Copyright Infringement
Website Terms and Conditions
Website Terms and Conditions
PLEASE READ AND REVIEW THIS DOCUMENT CAREFULLY BEFORE ACCESSING FURTHER INFORMATION ON THIS WEB SITE. BY PROCEEDING TO ACCESS THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THIS WEB SITE. CHARTER COMMUNICATIONS ("CHARTER") MAY MODIFY THIS AGREEMENT AND ITS TERMS AND CONDITIONS, AND SUCH MODIFIED AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOUR CONTINUED ACCESS TO OR USE OF THIS SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE AGREEMENT AND ITS TERMS AND CONDITIONS AND ANY MODIFICATIONS THERETO.
IN THIS SITE, CHARTER HAS ATTEMPTED TO PROVIDE INFORMATION THAT IS ACCURATE, COMPLETE, AND RELIABLE AS OF THE TIME IT WAS PUBLISHED OR POSTED. HOWEVER, CHARTER MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS OR OTHER INFORMATION PUBLISHED ON THIS SITE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CHARTER HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CHARTER NEITHER MAKES NOR IMPLIES A WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE INFORMATION PROVIDED HEREIN, INCLUDING, WITHOUT LIMITATION, INFORMATION REGARDING CHARTER'S PLANNED OR PROSPECTIVE SERVICE OFFERINGS OR SERVICE COVERAGE. CHARTER DISCLAIMS ALL LIABILITY FOR TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OTHER ERRORS OR OMISSIONS CONTAINED WITHIN THIS SITE. CHARTER DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT THE ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CHARTER ASSUMES NO RESPONSIBILITY FOR ANY AND ALL DAMAGE CAUSED THEREBY. BY PROCEEDING TO ACCESS THIS SITE, YOU HEREBY ASSUME THE ENTIRE RISK OF RELYING UPON THE INFORMATION PROVIDED HEREIN.
IN NO EVENT SHALL CHARTER BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, THIRD-PARTY CLAIM, OTHER TORTIOUS ACTION, OR ANY OTHER ACTION OR CLAIM. THIS DISCLAIMER APPLIES TO ANY DAMAGES, INJURY OR LOSS CAUSED BY ANY FAILURE IN PERFORMANCE, ERROR, DEFECT, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY OTHER CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
CHARTER MAY MAKE CHANGES TO THE INFORMATION PROVIDED IN THIS SITE, OR TO THE PRODUCTS OR SERVICES PROVIDED HEREIN, AT ANY TIME WITHOUT NOTICE. HOWEVER, CHARTER HAS NO OBLIGATION TO PROVIDE SUCH MODIFICATIONS OR UPDATES, OR TO CONTINUE TO PROVIDE ACCESS TO THIS SITE.
Commercial Acceptable Use Policy
Acceptable Use Policy — Commercial Customers
IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO ENSURE THE INTEGRITY OF CHARTER COMMERCIAL HIGH-SPEED INTERNET ACCESS ("SERVICE"), CHARTER HAS ADOPTED THIS ACCEPTABLE USE POLICY.
PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. THE WORD CUSTOMER IS USED HEREIN TO REFER TO ANY PERSON, ENTITY OR BUSINESS ORGANIZATION THAT SUBSCRIBES TO THE SERVICE. BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY. CHARTER RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE CUSTOMER'S SERVICE WITHOUT NOTICE, AT CHARTER'S SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMER'S SERVICE, VIOLATE THIS ACCEPTABLE USE POLICY. CHARTER ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT CHARTER'S SOLE DISCRETION WITHOUT PRIOR NOTICE.
The commercial high-speed Internet access service provided to the Customer is being provided solely for use in Customer's business and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and relieves Charter of any affirmative obligations it may have.
Customer will not resell or redistribute, nor allow others to resell or redistribute, access to the Service in any manner, except as expressly provided in any contract for service. The limitation on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of e-mail, FTP and Telnet access.
Charter reserves the right to disconnect or reclassify the Service for failure to comply with any portion of this provision or this Policy.
Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer's Service.
2. END USERS
Customer is responsible for ensuring that all end users of the Service comply with this AUP. Charter may disconnect Service if an end user violates this AUP. The Customer must make contact information publicly available, and must respond in a timely manner to any complaints. Charter shall consider any complaints regarding the Customer's end users to apply to the Customer. Customer is responsible for any and all e-mail addresses associated with the Customer's account.
The Customer is responsible for any misuse of the Service, whether by authorized or unauthorized end users. Therefore, the Customer must take steps to ensure that others do not gain unauthorized access to the Service. Customer is solely responsible for the security of (i) any device Customer chooses to connect to the Service, including any data stored or shared on that device and (ii) any access point to the Service.
If the Customer sells or resells advertising or web space to a third party, then the Customer will be responsible for the content of such advertising or on such web space and the actions of such third party.
3. NO ILLEGAL OR FRAUDULENT USE
Customer will not use, nor allow others to use, the Service to violate any applicable federal, state, local or international laws (including, but not limited to, the Children's Online Privacy Protection Act). Customer will not use, nor allow others to use, the Service to commit a crime, act of terrorism, or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters.
4. NO COPYRIGHT OR TRADEMARK INFRINGEMENT
Customer will not use, nor allow others to use, the Service to send or receive any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person, entity or business organization. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software.
Charter is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Charter if they believe a Charter customer has infringed the copyright owner's work(s). If Charter receives a notice from a copyright owner alleging a Customer has committed copyright infringement, Charter will notify the Customer of the alleged infringement. If Charter receives more than one notice alleging copyright infringement on the Customer's part, Customer may be deemed a "repeat copyright infringer." Charter reserves the right to terminate the accounts and access to the Service of repeat copyright infringers.
5. NO THREATS OR HARASSMENT
Customer will not use, nor allow others to use, the Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.
6. NO HARM TO MINORS
Customer will not use, nor allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials.
7. NO "SPAMMING"
Customer will not use, nor allow others to use, the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation ("spamming"). Charter reserves the right, in Charter's sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials. This prohibition against spamming is applicable to mass mailings by Customers in conjunction with third parties and is designed to maintain Service quality for all Customers. Mass mailings are those sent to more than 150 recipients by Customer or in conjunction with a third party to any group of recipients. Customer is responsible for maintaining confirmed opt-in records and must provide them to Charter upon request. The term "opt-in" means that recipient has signed up for mailings voluntarily.
8. NO "HACKING"
Customer will not use, nor allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems ("hacking") or to cause a disruption of the Service to other on-line users. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.
9. NO SYSTEM DISRUPTION
Customer will not use, nor allow others to use, the Service to disrupt Charter's network or computer equipment owned by other Charter customers. Any static IP address must be authorized and provisioned by Charter. Customer also agrees that Customer will not use, nor allow others to use, the Service to disrupt other Internet Service Providers or services, including but not limited to e-mail bombing or the use of mass mailing programs.
10. NO IMPERSONATION OR FORGERY
Customer will not impersonate, nor allow others to impersonate, another user, falsify one's user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. Customer will not, nor allow others to, forge any message header of any electronic transmission, originating or passing through the Service.
11. NO ABUSE OF NEWSGROUPS
Customer will not post, nor allow others to post, a similar item to more than six (6) newsgroups or mailing lists. Customer will not, nor allow others to, post or transmit any private, third party e-mail to any newsgroup or mailing list without the explicit approval of the sender.
12. NO EXCESSIVE USE OF BANDWIDTH
If Charter determines, in Charter's sole discretion, that Customer is using an excessive amount of bandwidth over the Charter network infrastructure for Internet access or other functions using public network resources, Charter may at any time and without notice, suspend excessive bandwidth capability, suspend Customer's access to the Service, require Customer to pay additional fees in accordance with Charter's then-current, rates for such service, or terminate Customer's account.
13. NO "VIRUSES"
Customer will not use, nor allow others to use, the Service to transmit computer "viruses," worms, "Trojan horses" or other harmful software programs. Customer will use standard practices to prevent the transmission of such viruses or other harmful software.
14. NO WAIVER
The failure by Charter or its affiliates to enforce any provision of this AUP shall not be construed as a waiver of any right to do so at any time.
15. REVISIONS TO POLICY
Charter reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of the policy. Notice of modifications to this Policy may be given by posting such changes to Charter's home page www.charter.com, by electronic mail or by conventional mail.
Acceptable Use Policy, Version 4.1
Commercial Terms of Service
THE FOLLOWING TERMS ARE APPLICABLE TO ANY CUSTOMER SUBSCRIBING TO ONE OR MORE OF CHARTER'S COMMERCIAL SERVICES
Charter agrees to provide the Services during the Service period to the Customer at the site(s) identified in the Service Order(s). "Service Period," is the time period starting on the date the Services are fully functional in all material respects and available for use as described in a Service Order or as reflected in the first invoice (the "Turn-up Date"), and continuing for the number of months specified in the Service Order(s).
2. STANDARD PAYMENT TERMS
Customer agrees to pay the monthly Service fees and one-time charges as set forth in the Service Order(s) incorporated under this Service Agreement by execution thereof by the parties. "Monthly Service Fees" is the amount specified as the monthly fee to be paid by the Customer for the Services." One-Time Charges" include, but are not limited to, construction, Service installation charge(s), repair, replacement, or any non-recurring charges. "Service Installation Charge" is the amount specified as the fee for installation of equipment and network facilities. "Equipment" means components including, but not limited to, any gateway or edge electronic device, antenna, node, concentrator, bridge, receiver, transmitter, transceiver, router, switch, hub or communications lines/cables that makes up the network of Charter-provided Equipment, facilities and materials (the "Network") necessary to provide the Services.
(a) Monthly Service Fees. Customer agrees to pay Monthly Service Fees in advance of the provision of the Services. Monthly Service Fees are due upon receipt of the invoice.
(b) One-Time Charges. Customer agrees to pay the One-Time Charges as described on the applicable Service Order(s).
(c) Taxes, Fees and Government Charges. Customer agrees to pay any sales, use, property, excise or other taxes, franchise fees, and governmental charges (excluding income taxes), arising under this Agreement, including, without limitation, applicable state property taxes. A copy of the Customer's tax exemption document, if applicable, must be provided to Charter to certify tax-exempt status. ax-exempt status shall not relieve Customer of its obligation to pay any applicable franchise fees.
(d) Charges for Change Requests. Any charges associated with Service and Equipment installations, additions, modifications, substitutions, upgrades, reconfigurations, rebuilds or relocations at a site and requested by Customer subsequent to executing a Service Order for that site, are the sole financial responsibility of Customer. Charter shall notify Customer, orally or in writing, of any additional One-Time Charges and/or adjustments to Monthly Service Fees associated with or applicable to such Customer change requests prior to making any such additions or modifications. Customer's failure to object to such additional charges within three (3) days of receiving such notice shall be deemed an acceptance by Customer of such charges. Customer shall be assessed such additional One-Time Charges and/or adjusted Monthly Service Fees, either (i) in advance of implementation of the change request or (ii) beginning on the Customer's next and/or subsequent invoice(s).
(e) Site Visits and Repairs. If Customer's misuse, abuse or modification of the Services, Equipment or Network facilities supplied by Charter necessitates a visit to the Customer site for inspection, correction or repair, Charter shall charge Customer a site visit fee as well as charges for any Equipment or Network repair or replacement necessary to restore Service.
(f) Invoicing Errors. Customer must provide notice to Charter of any invoice errors or disputed charges within thirty (30) days of the invoice date on which the errors and/or disputed charges appear in order for Customer to receive any credit that may be due.
(g) Late Fees. If Customer fails to pay an invoice within thirty (30) days of issuance, Charter will issue a notice of late payment. Customer will be charged a late fee of not more than five percent (5%) per month on any outstanding past-due balance.
(h) Non-Payment. If Services are disconnected because Customer does not pay the invoice, Charter may, in its sole discretion, require that Customer pay all past due charges, a reconnect fee, and a minimum of one month's Monthly Service Fees in advance before Charter will reconnect Services.
(i) Returned Checks, Bankcard or Credit Card Charge-Backs and Collection Fees. Charter may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card charge-backs.
(j) Collection Fees. Customer shall be responsible for all expenses, including reasonable attorney's fees and collection costs, incurred by Charter in collecting any unpaid amounts due under this Agreement.
(k) Bundled Pricing. In the event Customer has selected a Charter Business Bundle (as must be specifically indicated by component Service in this Service Order), the following conditions shall apply:
In consideration for Customer's purchase of the Charter Business Bundle and only with respect to that period time during which Customer continues to purchase such Charter Business Bundle (for purposes of clarification, continues purchase of each bundled Service component of such Charter Business Bundle), Charter agrees to apply a discount to the Services ordered under this Service Order. Such discount has been applied to the Services included in Charter's bundled pricing offer and is reflected in the Monthly Services Fees for such Services contained in this Service Order.
For purposes of clarification, in the event Charter's provision to Customer of one or more of the bundled Service components of the Charter Business Bundle, is discontinued or otherwise terminated for any reason, the pricing for the remaining Service components listed above shall revert to Charter's a la carte pricing for such Services in effect at the time of the discontinuation or termination. Termination liabilities applicable to the Services under the Service Agreement shall otherwise remain unchanged.
3. SERVICE LOCATION ACCESS and INSTALLATION
(a) Access. Customer shall provide Charter with reasonable access to each Service Location listed on a Service Order as necessary for Charter to review, install, inspect, maintain or repair any Equipment or Materials necessary to provide the Services. If Customer owns and/or controls the Service Location(s), Customer grants to Charter permission to enter the site(s) for the exercise of such right. If a site is not owned and/or controlled by Customer then Customer will obtain, with Charter's assistance, appropriate right of access. If Customer is not able to gain right of access for a site from owner and/or controlling party, Charter's obligations under this Agreement and the appropriate Service Order for such site are terminated, null and void.
(b) Installation Review; Subsequent Interference. Charter may perform an installation review of each Service Location prior to installation of the Services at that Service Location. Customer may be required to provide Charter with accurate site and/or physical network diagrams or maps of a Service Location prior to the installation review. Charter may directly or through its agents inspect the Customer Premises before beginning installation, and shall satisfy itself that safe installation and proper operation of its Equipment and the Services are possible in the location(s) provided by Customer. If Charter, in its sole discretion, determines that safe installation and/or activation of one or more of the Services will have negative consequences to Charter's personnel or Network and/or cause technical difficulties to Charter or its customers, Charter may terminate the Service Order effective upon prior written notice to Customer or may require the Customer to correct the situation before proceeding with installation or activation of the Services.
In the event during the initial or any renewal Service Period, (i) proper operation of Charter's Equipment and/or unhindered provision of the Services is no longer possible as a result of interference or obstruction caused by the acts or omissions of Customer, a third party or any Force Majeure Event, or (ii) such interference/obstruction or the cause thereof will have negative consequences to Charter's personnel or Network and/or cause technical difficulties to Charter or its customers, as Charter may determine in its sole discretion, Charter may terminate the affected Service Order(s) without liability upon written notice to Customer.
(c) Site Preparation. Customer shall be responsible, at its own expense, for all site preparation activities necessary for delivery and installation of the Equipment and the installation and ongoing provision of Services, including, but not limited to, the relocation of Customer's equipment, furniture and furnishings as necessary to access the Equipment and/or Services. To ensure proper installation of the Equipment and the Services, Customer may be required to provide electrical or other utility service, and/or accurate physical network diagrams and/or maps prior to installation.
(d) Installation. Charter will schedule one or more installation visits with Customer. Customer's authorized representative must be present during installation. During installation, Charter shall test to confirm that the Services can be accessed from the Service Location. In the event that during the course of installation Charter determines additional work is necessary to enable Charter to deliver the Services to the Service Location, Charter will notify Customer of any new or additional One-Time Charges that may be necessary. In the event the Customer does not agree to pay such One-Time Charges by executing a revised Service Order reflecting such new charges (and superseding the underlying applicable Service Order) within five (5) business days of receiving the revised Service Order, Customer and/or Charter shall have the right to terminate the applicable Service Order. Customer shall be responsible for access paths, moving or relocating furniture, furnishings, or equipment, or other preparation activities necessary for Charter to install the Services. Customer shall connect any Equipment provided by Charter to Customer's computer or network to enable access to the Services. With respect to any excavation, Charter shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from such excavation.
(e) Ongoing Visits. Charter will need access to the Customer Premises from time to time for inspecting, constructing, installing, operating and maintaining Charter's Network facilities, Equipment or materials and/or any related facilities. Except in emergency situations, Charter will obtain approval from the Customer (not to be unreasonably withheld or delayed) before entering the Customer Premises. At Charter's request, Customer, or a representative designated by Customer, will accompany Charter's employees or agents into any unoccupied unit for the purpose of installing, repairing, maintaining, upgrading, and/or removing the Equipment.
4. EQUIPMENT AND MATERIALS
(a) Responsibilities and Safeguards. Except as otherwise provided in this Service Agreement or any Service Order(s), neither party shall be responsible for the maintenance or repair of cable, electronics, structures, Equipment or materials owned by the other party, provided, however, that subject to the limitations set forth in the Indemnification section hereunder, each party shall be responsible to the other for any physical damage or harm such party causes to the other party's personal or real property through the damage-causing party's negligence or willful misconduct.
Without limiting the foregoing, Customer will not be liable for loss of or damage to cable, electronics, structures or Equipment owned by Charter and located on Customer Premises which occurred as a result of the occurrence of any Force Majeure Event, natural disaster or other casualty loss over which Customer has no control.
i. Safeguard Charter-provided Equipment against others;
ii. Not add other equipment nor move, modify, disturb, alter, remove, nor otherwise tamper with any portion of the Equipment;
iii. Not hire nor permit anyone other than personnel authorized by Charter acting in their official capacity to perform any work on the Equipment; and
iv. Not move nor relocate Equipment to another location or use it at an address other than the Service location without the prior written consent of Charter.
Any unauthorized connection or other tampering with the Services, Equipment, any system or its components shall be cause for immediate disconnection of Services, termination of this Agreement and/or legal action, and Charter shall be entitled to recover damages, including, but not limited to, the value of any Services and/or Equipment obtained in violation of this Agreement in addition to reasonable collection costs including, but not limited to, reasonable attorneys' fees. Should any antenna, or signal amplification system for use in connection with communication equipment hereafter be installed on the Premises which interferes with the Services provided by Charter hereunder, Customer acknowledges and agrees that Charter shall not be obligated to distribute a quality signal to the Premises better than the highest quality which can be furnished as a result of such interference, until such time as the interference is eliminated or corrected by Customer or a third party.
(b) Ownership. Customer understands and agrees that notwithstanding any other provision contained herein to the contrary, all Equipment and materials installed or provided by Charter are and shall always remain the property of Charter, shall not become a fixture to the Premises, and must be returned to Charter at any time Services are disconnected in the condition in which they were received subject to ordinary wear and tear. Customer will not sell, lease, assign nor encumber any Equipment.
(c) Equipment Return, Retrieval, Repair and Replacement. Immediately upon termination of Services ("Termination" shall mean the termination of the Service Agreement and/or Service Order(s)), at the discretion of Charter, Customer shall return, or allow Charter to retrieve, the Equipment supplied by Charter to Customer, in good condition. Failure of Customer to return, or allow Charter to retrieve, Equipment within ten (10) days after Services are terminated will result in a charge to Customer's account equal to the full retail cost of replacement of the unreturned Equipment. In addition, Customer agrees to pay for the repair or replacement of any damaged Equipment (whether or not caused by Customer's negligent act, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material/workmanship defects), together with any costs incurred by Charter in obtaining or attempting to regain possession of such Equipment, including, but not limited to, reasonable attorneys' fees.
5. VIDEO, MUSIC AND CONTENT SERVICE
This Video, Music and Content Service section shall only apply if Video, Music and Content Services are included in this Service Agreement or any related Service Order. Continued reception of the Video Services is subject to these Terms and Conditions. Charter may, in its sole discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of the advertised programming, packaging, and distribution of its Video Services or of any of Charter's Video Services packages.
(a) Payment Terms. Increases in any and all programming, license, copyright, retransmission and/or other costs, charges, fees or amounts including, without limitation, taxes and any and all other governmental fees, charges and/or other amounts, shall not be deemed to be included in the Monthly Service Fees or limited by any provision in this Agreement, and may be passed on to Customer at any time when such costs are incurred by, assessed or required of Charter.
The initial Monthly Service Fees shall remain in effect for the first 12-months of this Agreement. Thereafter, Charter may increase the Monthly Service Fees from time to time upon thirty (30) days' prior written notice to Customer. Customer hereby agrees to any such increases that do not exceed ten percent (10%) of the Customer's total Monthly Service Fees incurred in the month immediately preceding the month in which the increase is to be effective. Increases shall not occur more frequently than once per 12-month period. In the event such increased Monthly Service Fee would exceed the amount permitted under applicable law, the Monthly Service Fees shall be increased only to the maximum allowable under applicable law. Notwithstanding the foregoing, increases in any and all programming, license, copyright, retransmission and/or other costs, charges, fees or amounts including, without limitation, taxes and any and all other governmental fees, charges and/or other amounts, shall not be limited by any provision in this Agreement, and may be passed onto Customer at any time when such costs are passed on to Charter.
In the event of an increase in the Monthly Service Fees exceeding ten percent (10%) of the Monthly Service Fees in the immediately preceding month, Customer, at its option, may terminate this Agreement without early Termination Charges by providing written notice to Charter within thirty (30) days of Charter's notice of such increase in the Monthly Service Fees. Customer's failure to provide Charter notice of Termination within such thirty (30) day period shall constitute an acceptance of such increase in the Monthly Service Fees exceeding ten percent (10%).
(b) Music Rights Fees. In all cases, Customer is responsible for and must secure any music rights and/or pay applicable fees required by the American Society of Composers, Authors & Publishers ("ASCAP"), Broadcast Music, Inc. ("BMI") and SESAC, Inc. ("SESAC") or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate in connection with Customer's transmission, retransmission, communication, distribution, performance or other use of the Services.
(c) Premium and Pay-Per-View. Customer may not exhibit any premium Services such as HBO or Showtime in any public or common viewing area. Customer may not order or request Pay-Per-View (PPV) programming for receipt, exhibition or taping in a commercial establishment. Customer may not exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Charter's prior written consent. If Customer fails to abide by these restrictions, in addition to all other liability and not by way of limitation, Customer accepts liability for any and all claims made against Customer or Charter of any unauthorized commercial exhibition and Customer agrees to indemnify and hold Charter harmless from any loss, cost, liability, or expense, including reasonable attorney's fees, arising from a breach of this provision.
(d) Provision of Service. Charter may, in its sole discretion, from time to time, rearrange, delete, add or otherwise change packaging and programming of Services contained in Charter's basic cable, Digital Music or other Services provided pursuant to this Agreement. Customer acknowledges that Charter has the right at any time to preempt without notice specific advertised programming and to substitute programming that Charter deems to be comparable.
(e) Restrictions. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the Services (or any part thereof); (ii) transmit the Services (or any part thereof) by any television or radio broadcast or by any other means or use the Services (or any part thereof) outside the Service Location. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and/or civil liability and damages under applicable copyright and/or trademark laws. Customer shall not, and shall not authorize or permit any other person to (i) charge a cover charge or admission fee to any Service Location(s) at the time the Services (or any part thereof) are being performed or are to be performed; (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the Services (or any part thereof) unless Customer can demonstrate to the reasonable satisfaction of Charter that Customer or a third-party has obtained a then-current music license permitting such activity; or (iii) insert any commercial announcements into the Services or interrupt any performance of the Services for the making of any commercial announcements. If Customer fails to abide by these restrictions, Customer accepts liability for any and all claims made against Customer or Charter due to any unauthorized commercial exhibition and Customer agrees to indemnify and hold Charter harmless from any damages, loss, cost, liability, or expense, including reasonable attorneys' fees, arising from a breach of these restrictions.
6. INTERNET ACCESS SERVICE
Continued use of the Internet Service is subject to these Terms and Conditions.
(a) Equipment and Software Requirements. Customer shall maintain certain minimum Equipment and software to receive the Service. Please refer to www.charter-business.com (or the applicable successor URL) for the current specifications.
(b) Internet Service Speeds. Charter shall use commercially reasonable efforts to achieve the Internet speed selected by the Customer on the Service Order. However, Customer understands and agrees that such speeds may vary.
(c) Access and Use. Customer agrees to ensure that any person who has access to the Internet Services through Customer's computer(s), Service Location, facilities or account shall comply with the terms of this Agreement. Customer shall be responsible for all charges incurred and all conduct, whether authorized or unauthorized, caused by use of Customer's computers, service locations, facilities or account using the Internet Services.
(d) Customer Security Responsibilities. Customer shall be responsible for the implementation of reasonable security procedures and standards. Charter may temporarily discontinue or disconnect the Internet Services upon learning of a breach of security and will attempt to contact Customer in advance, if possible. The temporary discontinuation or disconnection of the Internet Services shall not constitute a breach of this Agreement.
(e) Electronic Addresses. All e-mail addresses, e-mail account names, and IP addresses ("Electronic Addresses") provided by Charter are and shall remain the property of Charter. Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses.
(f) No Liability for Changes of Address. Due to growth, acquisitions and changes in technology, Charter reserves the right to change addressing schemes, including e-mail and IP addresses.
(g) No Liability for Risks of Internet Use. The Internet is a shared network and Charter does not warrant that Service will be error free. The Service, Charter's network and the Internet are not secure, and others may access or monitor the Customer's traffic. Charter does not warrant that data or files sent or received by the Customer over the Network will not be subject to unauthorized access by others, that other users will not gain access to the Customer's data, nor that the data or files will be free from computer viruses or other harmful components. Charter has no responsibility and assumes no liability for such acts or occurrences.
(h) No Liability for Purchases. Through use of the Service, the Customer may access certain information, products and services of others, for which there is a charge. The Customer shall be solely liable and responsible for all fees or charges for these online services, products or information. Charter shall have no responsibility to resolve disputes with other vendors.
(i) Blocking and Filtering. While the computer industry may provide blocking and filtering software that empowers Customer to monitor and restrict access to Customer's computer and its data, Charter is not the publisher of this software. Charter strongly recommends that the Customer employ a "firewall" or other security software. The Customer assumes all responsibility for providing and configuring any "firewall" or security measures for use with the Service. Except to the extent set forth in the Supplemental Charter Business Security Service Section, Charter shall not be responsible in any manner for the effectiveness of these blocking and filtering technologies. Charter does not warrant that other users will be unable to gain access to Customer's computer(s) and/or data even if the Customer utilizes blocking and filtering technologies.
(j) Acceptable Use Policy. Customer agrees to comply with the terms of Charter's Acceptable Use Policy ("AUP"), found at www.charter-business.com (or the applicable successor URL) and that policy is incorporated by reference into this Agreement. Customer represents and warrants that Customer has read the AUP and agrees to be bound by its terms as they may from time to time be amended, revised, replaced, supplemented or otherwise changed. Customer expressly understands and agrees that the AUP may be updated or modified from time to time by Charter, with or without notice to Customer. Charter may discontinue or disconnect Services immediately for any violation of the Charter AUP with or without notice to Customer.
(k) Supplemental Charter Business Security Service. This Charter Business Security Service subsection shall only apply if Charter's managed security service ("Charter Business Security") is included in this Service Agreement or any related Service Order. Charter Business Security is made up of software and hardware components. Charter shall ensure that Charter Business Security is operational and updated from time to time based on manufacturer-sent updates. Except to the limited extent described in the foregoing sentence, Charter makes no warranties of any kind (express or implied) regarding Charter Business Security and hereby disclaims any and all warranties pertaining thereto (including but not limited to implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose). Customer understands and acknowledges that Charter is not the manufacturer of any software or hardware components of Charter Business Security nor is Charter the supplier of any components of such software or hardware. IN ADDITION TO BUT WITHOUT ABROGATING THE TERMS SET FORTH IN SECTION 11, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF CHARTER BUSINESS SECURITY (INCLUDING BUT NOT LIMITED TO THAT ATTRIBUTABLE TO BLOCKED CONTENT OR EMAIL). REGARDLESS OF CAUSE OR FAULT, CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF CHARTER BUSINESS SECURITY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR CHARTER BUSINESS SECURITY.
(l) Supplemental CB Back-Up Service. This CB Back-Up service subsection shall apply only if Charter's data storage service ("CB Back-Up") is requested by the Customer. In addition to One Time Charges and Monthly Service Fees, monthly storage overage fees shall apply each month Customer exceeds the respective subscribed storage level. Additional One Time Charges and Monthly Service Fees also apply to Customer-requested media and/or professional services.
CB Back-Up is made up of software components. Customer understands and acknowledges that Charter is not the manufacturer or supplier of any CB Back-Up software components. Customer shall be responsible for updating CB Back-Up from time to time based on updates provided by the software manufacturer, and any failure of Customer to perform such updates shall relieve Charter from any responsibility to ensure that CB Back-Up remains operational. Except to the limited extent described in the foregoing sentences, Charter makes no warranties of any kind (express or implied) regarding CB Back-Up and disclaims any and all warranties pertaining to CB Back-Up (including but not limited to implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose).IN ADDITION TO, BUT WITHOUT ABROGATING OR LIMITING THE TERMS SET FORTH IN THE LIMITATION OF LIABILITY SECTION OF THIS AGREEMENT, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF CB BACK-UP REGARDLESS OF CAUSE OR FAULT. CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF CB BACK-UP SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR CB BACK-UP SERVICE.
In the event the functionality of the CB Back-Up service cannot be maintained by Charter or the manufacturer, Charter shall have the right to discontinue providing the service immediately and Charter shall credit Customer's account for any pre-paid Monthly Service Fees attributable to the service, except where such lack of functionality is caused by the Customer or any end user gaining access to the service through the Customer's facilities, equipment, or point of access. Customer shall not be relieved of its responsibility to continue to pay for CB Back-Up in the event CB Back-Up does not function properly as a result of Customer's failure to install and configure the software, activate the service or install manufacturer-provided updates CUSTOMER UNDERSTANDS AND ACKNOWLEDGES (1) THAT IT IS CUSTOMER'S SOLE RESPONSIBILITY TO CREATE AND RETAIN THE CB BACK-UP PASSWORD THAT IS NECESSARY FOR ACCESS TO ANY DATA STORED VIA THE CB BACK-UP SERVICE AND (2) THAT CHARTER HAS NO ACCESS TO AND DOES NOT KNOW NOR KEEP ANY RECORD OF THE PASSWORD CREATED BY CUSTOMER. FAILURE BY CUSTOMER TO RETAIN CUSTOMER'S CB BACK-UP PASSWORD SHALL RESULT IN COMPLETE LOSS OF ACCESSIBILITY TO DATA STORED VIA THE CB BACK-UP SERVICE.
(m) Supplemental CB Hosting Service. This Hosting Service subsection shall only apply if one of Charter's Hosting Services ("Hosting") is included in this Service Agreement or any related Service Order. Charter will provide to Customer Hosting Service in accordance with the Specifications associated with the plan Customer has selected on the Service Order.
i. Third Party Software via Hosting Service. The Hosting Service will permit access to a variety of resources available from selected third parties, including developer tools, communication forums and product information (collectively,"Hosting Software"). The Hosting Software, including any updates, enhancements, new features, and/or the addition of any new Web properties, may subject to end user license agreements between such third parties and Customer. Version changes of any such software compatibility and/or suitability with any other Customer provided software shall be Customer's responsibility.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE HOSTING SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED IN WRITING BY CHARTER.
WITHOUT LIMITING OR ABROGATING THE TERMS SET FORTH IN SECTION 7, CHARTER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE HOSTING SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ii. Domain Names. Customer shall be solely responsible for registering for or renewing a desired domain name, Charter disclaims such responsibility, and Customer acknowledges that Charter does not guarantee that Customer will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available at the time of such inquiry.
iii. Specification Limitations. Individual websites may not at any time exceed the Hosting Specifications identified on the applicable Service Order. If a Customer's Hosting account is found exceed the Specifications set forth in the applicable Service Order, or is adversely impacting Charter's network or server(s), Charter may (i) contact the Customer to resolve the issues; or if Customer has exceeded the then-applicable Specifications in any given month, (ii) upgrade the Customer's account on the next available billing cycle to the next service level tier or (iii) suspend of terminate the Hosting Service.
Notwithstanding anything to the contrary, in the event Customer's use of the Hosting Service is causing an adverse impact on Charter's network or servers, Charter may (i) suspend or terminate the Hosting Service or (ii) terminate the Agreement in its entirety.
iv. Limitation of Charter-Provided Services. Customer understands and agrees that certain services are not provided by Charter as part of the Hosting Service (e.g,, Charter does not provide nor offer web page creation, development, design or content services).
v. No Additional Warranties. Charter makes no warranties of any kind (express or implied) regarding Hosting and hereby disclaims any and all warranties pertaining thereto (including but not limited to implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose). IN ADDITION TO, BUT WITHOUT ABROGATING AND LIMITING THE TERMS SET FORTH IN THE LIMITATION OF LIABILITY SECTION OF THIS AGREEMENT, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF CHARTER HOSTING REGARDLESS OF CAUSE OR FAULT. CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF THE HOSTING SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR HOSTING SERVICE.
vi. Hosting Fees. The applicable Service Order sets forth the Monthly Service Fees for the Hosting Service. Customer is responsible for payment whether or not the hosting platform is used. Customer shall not be relieved of its responsibility to continue to pay for Hosting in the event Hosting does not function properly as a result of (i) Customer's failure to install or properly use any software; or (ii) Customer's failure to utilize in any way or less than the maximum Specifications the Hosting Service.
vii. Content Liability and Use Restrictions. Customer acknowledges Charter exercises no control whatsoever over the content of the information passing through Customer's site(s) and that it is Customer's sole responsibility to ensure that Customer and Customer's users use of the Hosting Service complies at all times with all applicable laws and regulations and Charter's AUP.
Upon activation of Customer's account, Charter shall have the right to disclose any, or all available information collected from Customer to law enforcement authorities upon written request by such authorities. Information that may be disclosed includes, but is not limited to IP addresses, account history, and files stored on Charter servers.
In addition to the foregoing, Customer expressly understands and agrees that the following activities are prohibited. In the event that Customer engages in such activities, Charter shall have the right to suspend or terminate the Hosting Services and/or this Agreement:
a. The hosting of unlicensed software that is available to the public;
b. Use of software or files that contain computer viruses or files that may harm user's computers;
c. Any attempt or actual unauthorized access by Customer or through Customer's equipment to any Charter website or the website of any Charter customer;
d. The collection or any attempt to collect personally identifiable information of any person or entity without their express written consent. Customer shall maintain records of any such written consent throughout the Term (and any Renewal Term) of this agreement and for three years thereafter;
e. Any action which is harmful or potentially harmful to the Charter server structure;
f. Running a banner exchange, free adult tgp (thumbnail gallery post) and/or free adult image galleries on your website;
g. Inclusion of sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites or providers.
viii. Impositions on Customer's End Users. Customer is responsible for charging and collecting from Customer's end-user customers any and all applicable taxes. If Customer fails to impose and/or collect any tax from its end users or customers as required herein, then, as between Charter and Customer, Customer shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that Customer has agreed to pay or impose on and/or collect from Customer's end users or customers, Customer agrees to indemnify and hold harmless Charter for any costs incurred as a result of actions taken by the applicable taxing authority to collect such tax from Charter due to Customer's failure to pay or collect and remit such tax to such authority.
7. NO THIRD-PARTY HARDWARE OR SOFTWARE SUPPORT
Customer is responsible for the installation, repair and use of Customer-supplied third-party hardware and/or software. For purposes of this Agreement the Hosting Software shall be considered third party software. Charter does not support third-party hardware or software supplied by Customer. Any questions concerning third-party hardware or software should be directed to the provider of that product. Charter assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third party software, any Customer-supplied hardware or software with the Services. If such third-party equipment or software impairs the Services, Customer shall remain liable for payments as agreed (if any) without recourse for credit or prorated refund for the period of impairment. Charter has no responsibility to resolve the difficulties caused by such third-party equipment or software. If, at Customer's request, Charter should attempt to resolve difficulties caused by such third-party equipment or software, such efforts shall be performed at Charter's discretion and at then-current commercial rates and terms.
8. CUSTOMER USE
Customer agrees not to re-sell or re-distribute access to the Service(s) or system capacity, or any part thereof, in any manner without the express prior written consent of Charter. Customer agrees not to use or permit third parties to use the Service(s), including but not limited to the Equipment and software provided by Charter, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. Customer agrees not to interfere with other customers' use of the Equipment or Services or disrupt the Charter Network, backbone, nodes or other Services. Violation of any part of this section is grounds for immediate Termination of this Service Agreement and/or all Service Orders in addition to any other rights or remedies Charter may have hereunder.
Charter will use commercially reasonable efforts in keeping with normal industry standards to ensure that the Service is available to Customer twenty-four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. Specifically, Customer understands and agrees that the Service may be unavailable from time to time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Charter's reasonable control. Temporary service interruptions/outages for such reasons, as well as service interruptions/outages caused by the Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Charter to perform its obligations under this Service Agreement, and Customer will not hold Charter at fault for loss of Customer revenue or lost employee productivity due to Service outages.
10. DEFAULT; SUSPENSION OF SERVICE; TERMINATION
No express or implied waiver by Charter of any event of default shall in any way be a waiver of any further subsequent event of default. Nothing herein, including, but not limited to Termination, shall relieve Customer of its obligation to pay Charter all amounts due.
(a) Default by Customer. Customer shall be in default under this Service Agreement in the event that the Customer does one (1) or more of the following (each individually to be considered a separate event of default) and the Customer fails to correct each such noncompliance within twenty (20) days of receipt of written notice in cases involving non-payment or within thirty (30) days of receipt of written notice in cases involving any other noncompliance:
i Customer is more than thirty (30) days past due with respect to any payment required hereunder;
ii Customer otherwise has failed to comply with the terms of this Service Agreement or any other Service Order(s) incorporated herein by execution thereof by the parties; or
iii Customer files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief (such as appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law and such proceedings are not dismissed within sixty (60) days.
(b) Charter's Right to Terminate and Termination Charge. In the event Customer is in default, Charter shall have the right, at its option, and in addition to any other remedies it may have, to:
i Immediately suspend Services to the Customer until such time as the underlying noncompliance has been corrected without affecting Customer's on-going obligation to pay Charter any amounts due under this Agreement (e.g., the Monthly Service Fees), as if such suspension of Services had not taken place;
ii Terminate the Services; or
iii After the occurrence of two (2) such events of Customer default in any twelve (12) month period of time, terminate this Service Agreement and/or any or all of the applicable Service Order(s).
If Termination is due to noncompliance by the Customer, Customer must pay Charter a Termination charge (a "Termination Charge"), which the parties recognize as liquidated damages. This Termination Charge shall be equal to fifty percent (50%) of the unpaid balance of the Monthly Service Fees that would have been due throughout the remainder of the applicable Service Period plus one hundred percent (100%) of (1) the outstanding balance of any and all One-Time Charges plus (2) any and all previously waived One-Time Charges.
(c) Default by Charter. Charter shall be in default under this Service Agreement in the event that Charter does one (1) or more of the following (each instance individually to be considered a separate event of default), and Charter fails to remedy each such noncompliance or occurrence within thirty (30) days of receipt of written notice from Customer describing in reasonable detail the nature, scope and extent of the default or noncompliance:
i Charter fails to comply with the terms of this Service Agreement and/or any or all of the applicable Service Order(s);
ii Charter files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief (such as appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law and such proceedings are not dismissed within sixty (60) days.
(d) Customer's Right to Terminate and Termination Charge.
i Customer shall have the right, at its option and in addition to any other remedies it may have, to terminate any applicable Service Order(s), if the underlying event of default and/or noncompliance by Charter is limited to Services provided under the applicable Service Order(s) or this Service Agreement, if such noncompliance is not so limited, provided that Charter's diligent efforts to correct such breach are not commenced and pursued within thirty (30) days after Charter's receipt of a written notice from the Customer describing in reasonable detail the nature, scope and extent of the event of default/noncompliance.
ii If Termination is due to noncompliance by Charter, Charter shall reimburse Customer for any pre-paid, unused Monthly Service Fees attributable to such terminated Service Order(s).In addition, if Termination is due to noncompliance by Charter within one (1) year of the applicable Turn-Up Date, Charter shall pay a Termination Charge, which the parties recognize as liquidated damages, equal to a portion of any One-Time Charge that has already been paid by the Customer to Charter relative to Service at the sites covered by the terminated Service Order. This Termination Charge Charter must pay Customer shall be equal to the product of a) the number of months (or portion thereof) remaining in the initial twelve (12) months of the initial Service Period at the time of Termination and b) a ratio in which the numerator is the total of One-Time Charges paid to date and the denominator is twelve (12).
iii Notwithstanding any provision herein to the contrary, Customer, at its option, may terminate this Agreement without early termination charges by providing written notice to Charter not more than thirty (30) days following receipt from Charter of notice of any increase in the Monthly Service Fees attributable to Video Services exceeding ten percent (10%) of the Monthly Service Fees attributable to the Video Service in the immediately preceding month. Customer's failure to provide Charter notice of Termination within such thirty (30) days period shall constitute an acceptance of such increase in the Monthly Service Fees exceeding ten percent (10%).
11. LIMITATION OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY.
(a) Limited Warranty. At all times during the Service Period, Charter warrants that it will use commercially reasonable efforts in keeping with industry standards to cause the Services to be available to the Customer. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE STATED IN THIS SERVICE AGREEMENT, CHARTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING ANY EXPRESS PROVISIONS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND/OR FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Any warranty claim by Customer must be made within thirty (30) days after the applicable Services have been performed. Charter's sole obligation and Customer's sole remedy, with respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited warranty provision.
(b) Content. Customer acknowledges that any content that Customer may access or transmit through any Service is provided by independent content providers, over which Charter does not exercise and disclaims any control. Charter neither previews content nor exercises editorial control; does not endorse any opinions or information accessed through any Service; and assumes no responsibility for content. Charter specifically disclaims any responsibility for the accuracy or quality of the information obtained using the Service. Such content or programs may include, without limitation, programs or content of an infringing, abusive, profane or sexually offensive nature. Customer and their authorized users accessing other parties' content through Customer's facilities do so at Customer's own risk, and Charter assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content.
(c) Damage, Loss or Destruction of Software Files and/or Data. Customer agrees that Customer uses the Services and Equipment supplied by Charter at its sole risk. Charter does not manufacture the Equipment, and the Services and Equipment are provided on an "as is basis" without warranties of any kind.
Charter assumes no responsibility whatsoever for any damage to or loss or destruction of any of Customer's hardware, software, files, data or peripherals which may result from Customer's use of any Service or from the installation, maintenance or removal of any Service, Network, or related Equipment or software. Charter does not warrant that data or files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time.
(d) Unauthorized Access. If Customer chooses to run or offer access to applications from its equipment that permits others to gain access through the Network, Customer must take appropriate security measures. Failing to do so may cause immediate Termination of Customer's Service by Charter without liability for Charter. Charter is not responsible for and assumes no liability for any damages resulting from the use of such applications, and Customer shall hold Charter harmless from and indemnify Charter against any claims, losses, or damages arising from such use. Charter is not responsible and assumes no liability for losses, claims, damages, expenses, liability, or costs resulting from others accessing the Customer's computers, its internal network and/or the Network through Customer's equipment, and Customer shall hold Charter harmless from and indemnify Charter against any such claims, losses, or damages to the full extent arising from such access.
(e) Force Majeure Event. Customer agrees that Charter shall not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond Charter's control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Services.
In addition to its specific indemnification responsibilities set forth elsewhere in this Service Agreement and as permissible under applicable law, Customer agrees, at its own expense, to indemnify, defend and hold harmless Charter and its directors, employees, representatives, officers and agents, (the "Indemnified Parties") against any and all claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Charter Indemnified Parties, including but not limited to, reasonable attorneys' fees and court costs incurred by Charter Indemnified Parties under this Service Agreement, to the full extent that such arise from Customer's misrepresentation with regard to or noncompliance with the terms of this Service Agreement and any or all Service Orders, Customer's failure to comply with applicable law, and/or Customer's negligence or willful misconduct. Charter Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim at Customer's cost and Customer agrees to cooperate with Charter Indemnified Parties in such case.
Title to the Equipment shall remain with Charter during the applicable Service Period. Customer shall keep that portion of the Equipment located on Customer Premises free and clear of all liens, encumbrances and security interests. Upon Termination of Service or expiration of a Service Order's Service Period for a specific site, Charter shall have the right to remove all Equipment components and/or leave any of such components in place, assigning title and interest in such components to the Customer, it being understood that no further notice or action is required to accomplish the assignment contemplated hereunder. Charter shall have the right to remove the Equipment and all components within sixty (60) days after such Termination.
14. COMPLIANCE WITH LAWS
Customer shall not use or permit third parties to use the Services in any manner that violates applicable law or causes Charter to violate applicable law. Both parties shall comply with all applicable laws and regulations when carrying out their respective duties hereunder.
16. GENERAL CUSTOMER REPRESENTATIONS AND OBLIGATIONS
Customer represents to Charter that Customer has the authority to execute, deliver and carry out the terms of this Service Agreement and associated Service Orders. Customer also represents that any person who accesses any Services through Customer's equipment or through the Network facilities in Customer's Premises will be an authorized user, will use the Service, Network and/or Network facilities in an appropriate and legal manner, and will be subject to the terms of this Service Agreement. Customer shall be responsible for ensuring that all such users understand the Service Agreement and comply with its terms.
The Customer shall be responsible for all access to and use of the Service by means of the Customer's equipment, whether or not the Customer has knowledge of or authorizes such access or use. The Customer shall be solely liable and responsible for all charges incurred and all conduct through either authorized or unauthorized use of the Service, until the Customer informs Charter of any breach of security.
Charter expressly prohibits using the Service for the posting or transferring of sexually explicit images, material inappropriate for minors, or other offensive materials. By signing, Customer expressly acknowledges that Customer will not post or transfer or permit others to post or transfer such materials using the Service.
Any notices to be given under this Service Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses:
|If to Charter:
||with copies to:
||If to Customer:|
|ATTN: Charter Business - Corporate
||ATTN:Legal Dept. - Operations
|12405 Powerscourt Drive
||12405 Powerscourt Drive
|St. Louis, MO 63131
||St. Louis, MO. 63131
Each party may change its respective address(es) for legal notice by providing notice to the other party.
(a) Entire Agreement. This Service Agreement and any related, executed Service Order(s) constitute the entire Agreement with respect to the Services, Network and Equipment. This Service Agreement supersedes all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Service Agreement.
(b) No Amendments, Supplements or Changes. This Service Agreement and the associated executed Service Order(s) may not be amended, supplemented or changed without both parties' prior written consent.
(c) No Assignment or Transfer. The parties may not assign or transfer (directly or indirectly by any means, by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining written consent from the other party, which consent shall not be unreasonably withheld, provided, however, that Charter may assign this Service Agreement and the associated executed Service Order(s) to affiliates controlling, controlled by or under common control with Charter, or to its successor-in-interest in the event Charter sells the underlying communications system, without Customer's consent.
(d) Severability. If any term, covenant, condition or portion of this Service Agreement, any related, executed Service Order(s) shall, to any extent, be invalid or unenforceable, the remainder of this Service Agreement, any related, executed Service Order(s), shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law.
(e) Section Headings. The section headings are furnished for the convenience of the parties and are not to be considered in the construction or interpretation of this Service Agreement.
(f) Governing Law. This Service Agreement and all matters arising out of or related to this Agreement shall be governed by the laws of the State of Missouri, without regard to conflicts of law provisions. Customer agrees that the federal and state courts of Missouri alone have jurisdiction over all disputes arising under this Agreement, and Customer consents to personal jurisdiction of those courts with respect to any disputes arising under this Agreement. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND CHARTER EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY.
(g) Jointly Drafted. Both parties hereby acknowledge that they participated equally in the negotiation and drafting of this Service Agreement and any related, executed Service Order(s) and that, accordingly, no court construing this Service Agreement and any related, executed Service Order(s) shall construe it more stringently against one party than against the other.
(h) No Third Party Beneficiaries. The parties agree that the terms of this Service Agreement and the parties' respective performance of obligations as described are not intended to benefit any person or entity not a party to this Service Agreement, that the consideration provided by each party under this Service Agreement only runs to the respective parties hereto, and that no person or entity not a party to this Service Agreement shall have any rights under this Service Agreement nor the right to require the performance of obligations by either of the parties under this Service Agreement.
(i) Waiver. Except as otherwise provided herein, the failure of Charter to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
Electronic Bill Payment Terms and Conditions
Payments or credits processed, or charges incurred after the Date Due will be included in your next statement. All monthly services are billed in advance. Charges for some programming are non-refundable. Statements may include charges for a partial month of service based on the date your service was activated.
If you have any questions about prices, fees, or other issues, please access the Customer Service page on www.charter.com (24 hours a day, seven days a week). You may e-mail us or contact your local office.
By registering for Charter Communications Online Billing, you have agreed to the following terms and conditions of usage:
If you use our bill paying service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will be responsible for all bill payments that you authorize using the bill payment service. If you permit other persons to access your account, you will be responsible for any transactions they authorize. If you believe that your bill payment password or other means to access your account has been lost or stolen, you must notify us at once by calling your local office, during normal customer service hours.
Administrative Late Fee
The amount due must be paid in full each month. If your payment is not received on or before the due date indicated on the statement, you may be charged an administrative late fee, when and to the extent permitted by law. Service amounts must be paid before service will be reactivated. Disconnect fees may apply.
Errors or Questions About Your Statement
If you think your statement is incorrect or if you need more information about an item on your statement, please visit the Customer Service page at www.charter.com. You may e-mail us or contact your local office during normal business hours.
Send us an e-mail or call us as soon as possible. You must contact us within 60 days of receiving the statement on which the error or problem appeared. Undisputed portions of the statement must be paid by the due date indicated on the statement to avoid an administrative late fee and possible inactivation of services. We will not report your account as delinquent or take any action to collect the disputed amount while your dispute is under investigation.
Changing or Reactivating Services
If you would like to change or reactivate your service, call your local office during normal business hours.
For your protection, this site uses advanced methods to provide secure transactions. Our secure server software encrypts information, ensuring that Internet transactions stay private. For more information, see the Verisign Web Site.
Programming, pricing, terms and condition subject to change. Programming packages each sold separately. Charter Communications programming is provided in accordance with the terms and conditions of the Charter Communications Customer Agreement, a copy of which is provided with your first Charter Communications billing statement. Copyright 2005 Charter Communications is a trademark of Charter Communications, Inc., HBO and Cinemax are registered service marks of Time Warner Entertainment Company.
Acceptable Use Policy — Residential Customers
IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO INSURE THE INTEGRITY OF CHARTER HIGH-SPEED™ INTERNET SERVICE, INCLUDING BUT NOT LIMITED TO ANY SERVICE FEATURES THAT MAY BE AVAILABLE (E.G., ELECTRONIC MAIL, PORTAL COMPONENTS, VIDEO MAIL, HOME NETWORKING, ETC.) AND ANY EQUIPMENT USED TO PROVIDE CHARTER HIGH-SPEED INTERNET SERVICE (COLLECTIVELY "SERVICE"), CHARTER COMMUNICATIONS ("CHARTER") HAS ADOPTED THIS ACCEPTABLE USE POLICY ("POLICY"). THIS POLICY, INCLUDING ITS USE RESTRICTIONS, IS IN ADDITION TO THE RESTRICTIONS CONTAINED IN THE CHARTER HIGH-SPEEED INTERNET SUBSCRIBER AGREEMENT.
PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. THE WORD "CUSTOMER" IS USED HEREIN TO REFER TO ANY INDIVIDUAL WHO SUBSCRIBES TO THE SERVICE. BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY. CHARTER RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE THE CUSTOMER'S ACCOUNT WITHOUT NOTICE, AT CHARTER'S SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMER'S ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY. CHARTER ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT CHARTER'S SOLE DISCRETION WITHOUT PRIOR NOTICE.
BY USING THE SERVICE, CUSTOMER AGREES TO ABIDE BY, AND REQUIRE OTHERS USING THE SERVICE THROUGH CUSTOMER'S ACCOUNT TO ABIDE BY, THE TERMS OF THIS AUP. CHARTER REGULARLY UPDATES AND AMENDS THIS AUP AND CUSTOMER SHOULD CONSULT CHARTER'S WEBSITE TO BE SURE CUSTOMER REMAINS IN COMPLIANCE. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE CHARTER CUSTOMER SERVICE DEPARTMENT SO THAT CUSTOMER'S ACCOUNT MAY BE CLOSED. CUSTOMER'S CONTINUED USE OF THE SERVICE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF AND AGREEMENT TO THIS POLICY AND ANY POSTED AMENDMENTS TO THIS POLICY.
The Service is designed for personal and family use within a single household. Customer agrees that only the Customer and co-residents living in the same household will use the Service. The term 'single household' means the Customer's home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. The Service is being provided solely for use in Customer's household and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service relieves Charter of any affirmative obligations it may have, and is in violation of this Policy. Customer is responsible for any misuse of the Service that occurs through Customer's account whether by a member of Customer's household or an authorized or unauthorized third-party.
Customer may set up one (1) web page per service account for personal use of the Service, but Customer may not establish a web page using a server located at Customer's home. Customer will not use, or allow others to use, Customer's home computer as a web server, FTP server, file server or game server or to run any other server applications or to provide network or host services to others via Charter's network. Customer will not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including but not limited to, IP address translation or similar facilities intended to provide additional access. Customer will not advertise that the Service is available for use by third parties or unauthorized users. Customer will not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including but not limited to wireless technology.
Charter reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate Service for failure to comply with any portion of this provision or this Policy, without prior notice. Charter owns any and all email addresses associated with the Service, and reserves the right to reclaim any such email address at any time and for any reason. Any violation of this Policy may lead to prosecution under state and/or federal law.
2. NO ILLEGAL OR FRAUDULENT USE
Customer will not use, or allow others to use, the Service to violate any applicable federal, state, local or international laws or regulations or to promote illegal activity, including, but not limited to, the Children's Online Privacy Protection Act, posting or transmitting child pornography or obscene material, gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or by exporting software or technical information in violation of U.S. export control laws. Customer will not use, or allow others to use, the Service to commit a crime, act of terrorism or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters that request money or other items of value.
3. NO COPYRIGHT OR TRADEMARK INFRINGEMENT
Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Customer must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Customer represents and warrants that Customer is the author and copyright owner and/or authorized licensee with respect to any hosted content and Customer further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. Charter assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.
Charter is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Charter if they believe that a Charter customer has infringed the copyright owner's work(s). If Charter receives a notice from a copyright owner alleging any Customer has committed copyright infringement, Charter will notify the Customer of the alleged infringement. Charter may determine that Customer is a repeat copyright infringer if Charter learns that Customer has engaged in online copyright infringement on more than one occasion. Charter reserves the right to suspend or terminate the accounts of repeat copyright infringers.
4. NO THREATS, HARASSMENT OR TORTUOUS CONDUCT
Customer will not use, or allow others to use, the Service to post or transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, libels, defames, slanders, or otherwise constitutes tortuous conduct.
5. NO HARM TO MINORS
Customer will not use, or allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials involving minors.
6. NO "SPAMMING"
Customer will not use, or allow others to use, the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation ("spamming"). Charter reserves the right, in Charter's sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials. Forging, altering, or removing electronic mail headers is prohibited. Deceiving any recipient as to the identity of the sender through any process is prohibited. Customer may not, or allow others to, reference Charter or the Charter network in any email in an attempt to mislead the recipient.
7. NO "HACKING"
Customer will not use, or allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems ("hacking") or to cause a disruption of the Service to other on-line users. This includes, but is not limited to, achieving or attempting to achieve, or assisting others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material. Customer will not use, or allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools. In addition, Customer will not participate in, or allow others to participate in, the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice known as spidering or harvesting, or participate in the use of software (including "adware" or "spyware") designed to facilitate this activity.
8. NO SYSTEM DISRUPTION
Customer will not use, or allow others to use, the Service to disrupt Charter's network or computer equipment owned by Charter or other Charter customers. This includes, but is not limited to, improperly interfering with, inhibiting, degrading, or restricting the use and operation of the Service by others, sending excessive data transfers (as determined in Charter's reasonable discretion) for the package or tier of service to which Customer subscribes or modifying or altering in any manner any modem or modem configuration so as to allow its use beyond the parameters outlined by the specific level of service to which Customer subscribes. Any static or dynamic IP address must be authorized and provisioned by Charter. Altering any IP address provisioned by Charter or otherwise cloning another user's IP address is prohibited. Customer also agrees that Customer will not use, or allow others to use, the Service to disrupt other Internet Service Providers or services, including but not limited to e-mail bombing or the use of mass mailing programs.
In addition, Customer will not, or allow others to, alter, modify, service or tamper with the Charter Equipment or Service or permit any other person to do the same who is not authorized by Charter.
Customer is solely responsible for the security of any device connected to the Service, including any data stored on that device. Charter recommends that Customer take appropriate security precautions for any systems connected to the Service. Customer is responsible for securing any wireless (WiFi) networks connected to the Service. Any wireless network installed by Customer or a Charter representative that is unsecured or "open" and connected to the Charter network will be deemed to be operating as an ISP and subject to the prohibition on commercial use set forth in Section 1 above.
10. NO IMPERSONATION OR FORGERY
Customer will not, or allow others to, impersonate another user, falsify one's user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists, or knowingly or unknowingly create or use an email address that has the effect of being misleading. Customer will not, or allow others to, forge, alter, or remove any message header of any electronic transmission, originating or passing through the Service. Customer will not, or allow others to, forge anyone else's digital or manual signature.
11. NO ABUSE OF NEWSGROUPS
12. USE OF CHAT ROOMS AND SIMILAR INTERACTIVE PROGRAMS
Customer will not, or allow others to, participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet ("Chat Rooms") that Customer or a person using Customer's service has been banned from using. Customer will not, or allow others to, violate the Acceptable Use Policy of the server or Chat Room. In addition, Customer will not, or allow others to: flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others); use automated programs such as "bots" or "clones" to participate in Chat Rooms unless Customer is physically present at Customer's computer; manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges that Customer is not entitled to; send Chat Room messages to recipients who have indicated their desire not to receive such messages; or forge alter, or hide Customer's identity.
13. NO EXCESSIVE USE OF BANDWIDTH
If Charter determines, in Charter's sole discretion, that Customer is using an excessive amount of bandwidth over the Charter network infrastructure for Internet access or other functions using public network resources, Charter may adjust, suspend or terminate Customer's account at any time and without notice, or require Customer to upgrade Customer's service level and pay additional fees in accordance with Charter's then-current, applicable, published rates for such Service.
14. NO "VIRUSES"
Customer will not use, or allow others to use, the Service to transmit computer "viruses," worms, "Trojan horses," denial of service attacks or other harmful software programs or information containing any lock, key, bomb, worm, cancelbot, or other harmful feature. Customer will use standard practices to prevent the transmission of such viruses, or other harmful software and information. As software or other content downloaded from the Service may contain viruses, it is Customer's sole responsibility to take appropriate precautions to protect Customer's computer from damage to its software, files and data.
15. RIGHT TO MONITOR
Neither Charter nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmission as well as materials available on the personal web pages and online storage features) made on the Service. However, Charter and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with the Subscriber Agreement and any other applicable agreements and policies.
16. OTHER SERVICE PROVIDERS' ACCEPTABLE USE POLICIES
Charter obtains services from and relies upon many other entities to provide the Service to Customer. Where Customer accesses services of other entities through the Service, Customer agrees to and shall abide by the publicized acceptable use policies of such other known entities.
17. NO WAIVER
The failure by Charter or its affiliates to enforce any provision of this AUP shall not be construed as a waiver of any right to do so at any time.
18. REVISIONS TO POLICY
Charter reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to Charter's homepage (www.charter.com), by electronic mail or by conventional mail, and will be effective immediately upon posting or sending. Customers should regularly visit Charter's website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Acceptable Use Policy, the terms of the Policy will govern. Questions regarding this Policy should be directed to email@example.com. Complaints of violations of it by Charter customers can be directed to firstname.lastname@example.org.
Residential Customer Agreement
Charter®, including but not limited to any service features that may be available (e.g., electronic mail, portal components, video mail, home networking, etc.) ("Service") is an Internet access service. This Service Agreement ("Agreement") states the terms and conditions under which Charter Communications ("We" or "Charter") will provide the Service to a subscriber ("You" or "Customer"). By using the Service, Customer agrees to be bound by the terms of this Agreement and the Acceptable Use Policy ("AUP") as they may be amended from time to time.
CHARTER REGULARLY UPDATES AND AMENDS THIS AGREEMENT AND CUSTOMER SHOULD CONSULT CHARTER'S WEBSITE TO BE SURE CUSTOMER REMAINS IN COMPLIANCE.
1. Equipment Needs for Provision of the Service
To use the Service, Customer must have a personal computer or a network-ready gaming system, a network interface (Ethernet or USB), a modem and software.
1.1 Computer Equipment: The personal computer that Customer uses to access the Service must meet minimum configuration standards. Please refer to http://www.charter.com/products/highspeed/requirements.aspx for the current specifications. The minimum configuration standards may change, and Charter will make reasonable efforts to support previously acceptable configurations; however, Charter is not obligated to continue to provide such support. Charter may supply equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Service. Customer acknowledges that such equipment may require updates and/or changes to the software resident in the equipment and that Customer may be required to perform such updates and/or changes. Notwithstanding, Customer hereby authorizes Charter to perform updates and/or changes, on-site or remotely from time to time as Charter deems necessary, in Charter's sole discretion.
Charter does not provide technical assistance for third-party hardware or software, including but not limited to home networks other than the Charter Home Networking Service or gaming systems. Any questions concerning third-party hardware or software should be directed to the manufacturer of that product.
Customer will not connect any equipment, other than equipment authorized by Charter, to the cable modem outlet. Customer understands that failure to comply with this restriction may cause damage to the Charter network and subject Customer to liability for damages and/or criminal prosecution. Customer may not alter, modify or tamper with the Equipment or the Service, or permit any other person to do the same that is not authorized by Charter.
1.2 Network Interface: When Charter installs the Service, Customer will need a network interface card or adapter providing an Ethernet or USB connection. If Customer does not have a network interface, it may be possible for Customer to purchase one from Charter. This interface will become Customer's property, even if Customer terminates the Service.
1.3 Cable Modem: Customer may purchase or lease the cable modem. If Customer leases the modem, Customer must return it to Charter at the end of the lease period. If Customer purchases the cable modem, Charter reserves the right to download firmware to meet current requirements. Charter currently supports many DOCSIS compliant standard cable modems. Please refer to http://www.charter.com/products/highspeed/requirements.aspx for the currently-supported modems.
1.4 Software: At the time of installation of the Service, Charter may provide Customer with common Charter or third-party software (e.g., a browser and plug-ins) to enable and enhance the Service. Charter does not support third-party software. If Customer has any questions concerning third-party software, Customer should contact the software manufacturer directly. Any and all software provided by Charter is the property of Charter and/or its suppliers and licensors. Charter hereby grants Customer a nonexclusive, nontransferable license to use and to install on Customer's computer system(s) the software for use solely in connection with the Service. Customer's license to use any software provided by Charter and its suppliers and licensors is contingent upon Customer's compliance with all use and other restrictions contained in this Agreement and the AUP. It is a material breach for Customer to copy, duplicate, reverse engineer or in any way modify, change, tamper with or interfere with any Software provided to Customer by Charter. Upon any termination or expiration of this Agreement or the disconnection of Customer's Service, this license will terminate and Customer agrees to then destroy all copies of the software that were delivered to Customer (including by erasing and deleting the software from Customer's computer system). Customer hereby represents and warrants to Charter that Customer owns the operating system software and associated use/license rights thereto for the computers that are connected to the Charter network.
1.5 Security: Customer acknowledges and agrees that when using the Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Customer's equipment. Customer is responsible for taking and should take all appropriate security measures when using the Service, including those recommended in Charter's Internet Security website. Those recommendations can be found at http://security.charter.com and are incorporated into this Agreement by reference. Customer is responsible for any misuse of the Service that occurs through Customer's account whether by a member of Customer's household or an authorized or unauthorized third-party.
2. General Subscriber Responsibilities and Warranties
Customer warrants that he or she is at least 18 years of age.
Customer agrees that the subscription is personal to Customer and agrees not to assign, transfer, resell or sublicense Customer's rights as a subscriber unless specifically allowed by this Agreement. The Service and the Charter Equipment shall be used only by Customer and by members of Customer's immediate household living with Customer at the same address. Customer acknowledges that Customer is executing this Agreement on behalf of all persons who use the Charter Equipment and/or Service by means of the Customer Equipment. Customer agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from Customer's use of the Service or by another using Customer's computer.
The identifying information that Customer has provided and will provide to Charter during the term of this Agreement, including without limitation Customer's legal name, address, telephone number(s), the number of computers on which the Service is being accessed and payment data (including without limitation information provided when authorizing recurring payments) is accurate, complete and current. Customer agrees to promptly notify Charter, in accordance with the terms of this Agreement, upon the occurrence of any change in the status of Customers' account (e.g., change in individuals authorized to use Customer's account) or if there is any change in the information that Customer has provided to Charter. Failure to provide and maintain accurate information constitutes a breach of this Agreement.
When Customer completes registration for the Service, Customer must select a user name and password to be used by Customer to access the Service. Customer agrees that Customer is responsible for anyone using Customer's computer system, password or name or user name in connection with the Service and for ensuring that anyone who does use the Service through Customer's computer or access to the Service, does so in accordance with the terms and conditions of this Agreement. Customer agrees to take all reasonable and recommended measures necessary to ensure that the Service is not used by another without Customer's consent.
Charter requires Customer to comply with the terms of Charter's Acceptable Use Policy ("AUP"). A copy of that Acceptable Use Policy can be found on Charter's website at http://charter.com/Visitors/Policies.aspx?Policy=6 and is incorporated into this Agreement by reference. Please review the AUP regularly as Charter updates and amends that policy.
Customer shall be responsible for procuring and installing patches, any and all anti-virus and firewall software/ hardware and operating system patches, up-dates, or supplements that may be necessary for (i) the protection and maximum functionality of Customer's computer and related equipment and (ii) the protection of Charter's network and other customers. For purposes of clarification, Charter hereby disclaims any and all responsibility and liability for any damages that may arise from Customer's failure to procure or install the aforementioned security software and /or hardware.
3. Monitoring The Services and Privacy
Charter is concerned with issues of privacy. Charter has no obligation to monitor content. However, Customer agrees that Charter has the right to monitor the Service (including but not limited to, content and Customer equipment as it may affect the Service from time to time) in accordance with this Agreement, the AUP and its Internet Service Privacy Statement. A copy of the Internet Service Privacy Statement can be found on Charter's website at www.charter.com/site/rules.aspx and is incorporated into this Agreement by reference.
For content residing on Charter's servers, Charter reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content or other information in Charter's possession about or related to Customer, Customer's use of the Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or Charter's customer information.
Customer also authorizes Charter to make inquiries and to receive information about Customer's credit history from others and to utilize such information in its decision regarding its provision of the Service to Customer. In addition, Customer agrees that Charter may collect and disclose information concerning Customer and Customer's use of the Service in the manner and for the purposes set forth here and in Charter's Internet Service Privacy Statement.
In order to protect the privacy of Customer's account information, Charter may require that Customer use a security code or other method, in addition to the user name and password referenced in Section 2 of this Agreement, to confirm Customer's identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through Charter's customer service representatives. Customer may also choose to designate an authorized user of Customer's account, who will be able to access Customer's account information and make changes to Customer's account upon confirmation of the authorized user's identity.
4. Customer Payment Obligations
4.1 Service Fees: Charter will bill Customer a standard monthly fee for the Service. Customer agrees to pay the bill by its due date and to be responsible for any and all charges, damages and costs that Customer or anyone using Customer's account incurs. If Customer leases equipment from Charter, additional monthly charges will apply. In addition, Customer agrees to pay all applicable taxes. Charter may also charge a monthly support maintenance fee or a per instance support charge, depending on Customer location, for technical support services related to the Service including, but not limited to, repairs or for any Service features, such as Charter's Home Networking Service ("HN Service"). Charter may change the amount of the standard monthly fee, the modem rental fee, or any applicable monthly maintenance fee upon thirty (30) days written notice. Charter will identify any per instance support charges to Customer prior to providing any technical support that would result in such charge(s). Subject to applicable law, Customer must notify Charter of any billing errors or other requests for refund within sixty (60) days of the date on which the error occurred.
4.2 Installation Fees: Charter may charge Customer a one-time installation fee. In some circumstances, an additional installation fee may be required when customer adds additional Service features, such as Charter's HN Service. Charter shall notify Customer of such fee prior to installation. Customer shall not be eligible to receive the applicable Service feature unless Customer pays any applicable installation fee.
4.3 Late Fees, NSF Fees, Collection Expenses and Termination for Unpaid Balances: If Customer's payments are not current, Charter may impose a late fee, the Service may be disconnected without notice, and Charter may remove Charter's equipment from Customer's premises. Charter may charge an insufficient funds fee (NSF Fee) to the extent permissible under applicable law for all returned checks and bankcard/credit card charge backs. The Customer must replace/pay the returned check or declined card amount (plus applicable NSF Fee), and in any event, the Customer acknowledges and agrees that Charter has the right to present to Customer's banking institution for payment via electronic funds transfer, any returned check or declined card amount and the applicable NSF Fee. Customer will also be liable to pay Charter for all attorneys' fees, collection fees or other expenses arising from efforts to collect any unpaid balances on Customer's account.
4.4. Charges for Online Services, Internet Transactions or Toll Charges For Dial-Up Service: Through use of the Service, Customer may access certain information, products, and services of others, for which there is a charge. These include, for example, certain on-line services such as America Online. Customer agrees that Customer is solely responsible for all fees or charges for these on-line services, products or information.
5. Limited Warranty — Modem
In the event Customer purchases a cable modem from Charter in conjunction with the Service, Charter provides a limited one (1) year warranty against any defect in materials or workmanship of the modem purchased directly from Charter. This limited warranty shall supersede any and all manufacturer warranties. In the event there is a problem with the modem that cannot be corrected either over the telephone or onsite, Charter will replace the equipment with either a new or refurbished unit at Charter's option. In addition, Charter does not guarantee that the equipment it replaces will be the same make or model as the originally purchased equipment. This warranty expressly excludes defects in the modem caused by acts of nature, such as, but not limited to, lightning damage; damage from misuse or neglect; water damage; loss of programming or data; or installation. To obtain warranty service, please contact Your local Charter office for assistance.
6. Disclaimer of Warranties and Limitation of Liability
6.1 No Warranty: CUSTOMER AGREES THAT CUSTOMER USES THE SERVICE AND ANY SOFTWARE AND EQUIPMENT SUPPLIED BY CHARTER AT CUSTOMER'S SOLE RISK. THE SERVICE AND CHARTER EQUIPMENT ARE PROVIDED ON AN "AS-IS BASIS" AND EXCEPT TO THE LIMITED EXTENT SPECIFICALLY STATED IN SECTION 5, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. CHARTER DOES NOT WARRANT UNINTERRUPTED USE OF SERVICE. CHARTER DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED. CHARTER DOES NOT WARRANT THAT ANY DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER'S COMPUTER. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER'S EQUIPMENT OR TO MONITOR CUSTOMER'S ACTIVITY AND CONDUCT WHILE USING THE SERVICE.
CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT CHARTER UTILIZES ANTI-SPAM SOFTWARE AND THAT SUCH SECURITY TECHNOLOGY IS A FEATURE OF THE SERVICE THAT MAY BLOCK INCOMING AND OUTGOING ELECTRONIC MAIL. CHARTER DOES NOT WARRANT THAT SUCH FEATURE WILL BLOCK ALL UNWANTED MAIL/SPAM. CONSISTENT WITH OTHER STATEMENTS SET FORTH IN THIS SECTION, CHARTER DOES NOT WARRANT THAT SUCH FEATURE WILL BE ERROR-FREE.
In addition, in its sole discretion, Charter may make available to Customer security software, such as anti-virus software, firewall software, "pop-up" advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer's use on Customer's computer system(s) in conjunction with the Service. Any such security software provided by Charter to Customer is intended to provide only a minimal level of protection to Customer's computer system(s). CUSTOMER UNDERSTANDS AND AGREES THAT CHARTER AND ITS THIRD-PARTY SUPPLIERS OF ANY SUCH SECURITY SOFTWARE DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT CHARTER AND ITS THIRD-PARTY SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM(S) OR THE INFORMATION STORED ON IT THAT MAY RESULT FROM THE SECURITY SOFTWARE OR ITS NON-PERFORMANCE.
When Customer uses the Service and/or accesses Charter web sites, Customer may encounter links allowing Customer to visit web sites operated or owned by third parties ("Third Party Site(s)"). Charter provides these links as a convenience and they are not under the control or ownership of Charter. The presence of a link to any Third Party Site is not an endorsement by Charter of the Third Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Customer's use of any third party site is governed by the various legal agreements and policies posted at that web site.
CUSTOMER UNDERSTANDS AND AGREES THAT CHARTER DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE CHARTER NETWORK OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER'S CONNECTION TO THE CHARTER NETWORK WILL BE AVAILABLE TO CUSTOMER. Customer understands and agrees that the speed of the Service provided at Customer's site will vary depending upon a number of factors, including Customer's computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Charter's control, and system failures, modifications, upgrades and repairs.
Customer's sole and exclusive remedies under this Agreement are as set forth in this Agreement. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Customer.
6.2 Limitation of Liability/Exclusive Remedy: CHARTER'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE OR ITS SOFTWARE AND EQUIPMENT, OR ANY BREACH BY CHARTER OF ANY OBLIGATION CHARTER MAY HAVE UNDER THIS AGREEMENT, SHALL BE CUSTOMER'S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE SOFTWARE OR EQUIPMENT PROVIDED BY CHARTER TO CUSTOMER. IN ADDITION, CHARTER SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF, ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTIFY THEFT, FOR ANY TV, MONITOR OR SCREEN BURN-IN, PIN MISALIGNMENT, UNEVEN TV, MONITOR OR SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. CHARTER SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES.
FOR CERTAIN PRODUCT OFFERINGS, CHARTER MAY OFFER A LIMITED 30-DAY, NO RISK MONEY-BACK GUARANTEE. ANY SUCH LIMITED GUARANTEE IS SUBJECT TO THE SPECIFIC CONDITIONS INCLUDED WITH THE OFFER. IN NO EVENT SHALL CHARTER LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO ACCESS AND USE THE SERVICE FOR A PERIOD OF THREE MONTHS. CUSTOMER HEREBY RELEASES CHARTER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
IN NO EVENT SHALL CHARTER BE LIABLE FOR ANY BREACH OF WARRANTY, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, LOST PROFITS, OR PUNITIVE DAMAGES WITH REGARD TO THE INSTALLATION, OUTAGE, MAINTENANCE, USE, FAILURE OR REMOVAL OF THE SERVICE, EVEN IF DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF CHARTER, ITS EMPLOYEES OR AGENTS.
CUSTOMER ACKNOWLEDGES AND AGREES THAT CHARTER HAS SET ITS PRICING FOR THE SERVICE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CUSTOMER UNDERSTANDS AND AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS IN THE AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
6.3 Right of Entry and Damage to Customer's Home or Business Computer During Installation: Customer agrees to permit Charter to enter Customer's home and property at reasonable times to install, connect, disconnect, repair or inspect the equipment used to provide the Service. If Customer is not the owner of the premises upon which the Service is to be installed or serviced, Customer represents and warrants that Customer has obtained the consent of the owner of the premises for Charter personnel and/or its agents to enter the premises for the purposes described above. Charter will not enter Customer's home to install or repair Customer's Service unless an adult is present in Customer's home at the time of the service call. Customer authorizes any other adult resident or guest at Customer's residence to grant Charter access to Customer's premises, if Customer is not at home when Charter makes a service visit. Customer acknowledges and agrees that installation or repair of the Service or Customer's cable system may require Charter personnel and/or its agents to open Customer's computer. Charter neither represents, warrants, nor covenants that such modifications will not disrupt the normal operation of Customer's computer. Charter shall not be liable for any damage, loss or destruction to Customer's home or Customer's computer equipment whatsoever during installation or repair, including but not limited to any damage to, or loss or destruction of, any hardware, software, files or data. Charter is also not responsible for returning Customer's computer to its original configuration. If Customer is not the owner of the premises, Customer shall indemnify and hold Charter harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.
6.4 Damage to Equipment Owned by Charter: All equipment provided by Charter shall remain its sole property throughout the term of this Agreement, unless expressly stated otherwise. Customer agrees that Customer will not sell, transfer, lease, assign or otherwise encumber any equipment leased by Charter to Customer. Customer agrees to pay the full retail cost for the repair or replacement of any lost, stolen, damaged or unreturned Equipment, together with any costs incurred by Charter in obtaining or attempting to regain possession of leased equipment.
6.5 Force Majeure: Customer agrees that Charter will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Service.
6.6 Mailbox Deactivation: Customer agrees that Charter owns any and all mailboxes associated with the Service and may reclaim such mailboxes at any time for any reason. Customer agrees that if Customer does not access a Charter mailbox for a period of six months, Charter may deactivate the mailbox. Customer understands that Charter will delete the contents of the mailbox, if any, at that time. If after that time, Customer does not access such Charter mailbox for an additional period of three months, Charter shall have the right to reassign such mailbox.
6.7 Mail Storage: If Customer elects to store electronic mail on Charter's server(s), such electronic mail is subject to deletion three days after Customer first retrieves such electronic mail. Regardless of the retrieval protocol used by Customer, in no event will Charter be responsible for maintaining, and Charter will not guarantee storage of, such electronic mail for any period of time. Charter also reserves the right to enforce email storage limits.
6.8 Network Security and Management: Customer agrees that Charter may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam. Charter may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers, including, but not limited to, traffic prioritization and protocol filtering, and in some instances, suspend or terminate access by Customer to the network. Charter may take these actions, with or without notice, in situations where Charter believes, in its sole discretion, that Customer may harm the Charter network or disrupt the performance of the Service for other users or where Customer is transmitting or is otherwise connected with what Charter considers in its sole discretion to be spam. Customer agrees that Charter is entitled to damages if Customer is transmitting or is otherwise connected with spam. Customer agrees Charter is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Customer agrees to pay Charter liquidated damages of five dollars (U.S. $5.00) for each piece of spam transmitted from or otherwise connected with Customer's account.
8. Termination of the Service
8.1 Customer's Right to Terminate the Service: Customer may terminate the Service at any time by calling Customer's local customer service department. Email submissions to Charter shall not constitute effective notice. Upon termination, Customer agrees to pay any outstanding account balance and Customer will return any leased equipment to Charter within ten (10) days of termination of account. If Customer does not return leased equipment within ten (10) days of the date of termination of Customer's account, Charter will add a charge to Customer's account balance for the full retail value of the leased equipment, which Customer failed to return. IF CUSTOMER CANCELS THE SERVICE FOR ANY REASON, CHARTER WILL NOT BE REQUIRED TO REFUND TO CUSTOMER ANY PORTION OF THE MONTHLY CHARGES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS.
8.2 Charter's Right to Suspend/Terminate the Service: The Service and all Service features are subject to availability on an ongoing basis. Customer understands that Charter may cease to offer the Service or any Service feature at any time. Charter may suspend, disconnect and/or terminate the Service at any time without prior notice if Charter believes in its sole discretion that Customer has:
(a) Failed to pay Customer's bill when due;
(b) Threatened or harassed any Charter employee or contractor
(c) Violated the Acceptable Use Policy; or
(d) Violated any other provision of this Service Agreement.
If Customer is disconnected for any reason and/or service is suspended in accordance with this agreement, Customer may be charged (i) a reasonable disconnection and/or a reconnection fee and/or (ii) for service during the period of suspension in accordance with applicable federal and state law.
8.3 Rights Upon Termination: In the event that Customer's account is suspended, disconnected, and/or terminated, no refund, including any fees Customer paid to Charter, will be granted; no online time or credits (for example, points in an online game) will be credited to Customer, nor can it be converted to cash or another form of reimbursement. Moreover, Charter will not be responsible for the return of data stored on Charter's servers, such as web and e-mail servers. Customer agrees that Charter has no obligation to visit Customer's home upon termination to reconfigure Customer's computer.
9. Home Networking
Customer may elect to receive the HN Service to facilitate the simultaneous, multiple connection to the Service from up to five (5) personal computing devices within Customer's single household. Customer shall be solely responsible for and shall indemnify and hold Charter harmless from and against any and all claims and expenses (including reasonable attorneys' fees) arising out of Customer's use or misuse of the HN Service. Customer acknowledges and agrees that the HN Service may only be used for residential, non-commercial purposes. Customer further acknowledges that the HN Service may still be subject to the security risks outlined in Section 1.5 of this Agreement, and that the disclaimer of warranty set forth in Section 6.1 of this Agreement will continue to apply to use of the HN Service. Use of the HN Service for commercial purposes is strictly prohibited. [Please contact the local Charter office to inquire about the availability of commercial service options.]
10.1 Entire Agreement: This Agreement and the schedules referenced in this agreement constitute the entire agreement with respect to the Service. This Agreement supercedes and nullifies all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.
10.2 No Rights or Remedies for Third Parties: This Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and Charter.
10.3 Governing Law: This Agreement and all matters arising out of or related to this Agreement will be governed by the laws of the State of Missouri, without regard to conflicts of law provisions. Customer agrees that the federal and state courts of Missouri alone have jurisdiction over all disputes arising under this Agreement and Customer consents to personal jurisdiction of those courts.
10.4 Severability: If any term, covenant, condition or portion of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law.
10.5 Changes to the Agreement: Charter may change, amend, alter, or modify this Agreement at any time. Charter may notify Customer of any change either by posting that change on Charter's website (www.Charter.com), by sending Customer an e-mail or by U.S. mail. If Customer continues to use the Service after such notice has been made of a change, Customer agrees that such continued use shall be deemed to be Customer's acceptance of those changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by Charter. This Agreement should be read in conjunction with Charter's AUP and all other applicable policies.
10.6 No Assignment: Customer may not assign this Agreement or Customer's rights or obligations under this Agreement without Charter's prior written consent.
10.7 Waiver: Except as otherwise provided herein, the failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
10.8 Contact Information: If Customer experiences a problem with the Service, Customer may contact Customer's local customer service which can be located using Charter's website at (www.Charter.com).
10.9 Information For California Residents Only:
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Contact Information. Customers can contact us at:
Attn: Customer Care
12405 Powerscourt Drive
St. Louis, Missouri 63131-3660
(b) Complaints. California residents with complaints may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at: State of California, Department of Consumer Affairs, 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at: (916) 445-1254.
(c) Charges. Charges to Customer imposed by Charter for use of the Service are as follows: Current rates for using the Service are in Charter's Pricing Schedule, which is provided to Customer with the installation kit, may be included in Charter's Services Guide and may be posted at Charter's website (www.Charter.com). Charter reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, all pursuant to Section 4 of this Agreement.
For information regarding notification of the sharing of certain personal information with third parties, under California Civil Code Sections 1798.82 — 1798.84 click here: www.charter.com/Visitors/YourPrivacyRights.aspx.
The Charter 30 Day Money Back Guarantee
The Charter 30 Day Money Back Guarantee applies to Charter products at ALL times under the following conditions:
- New Charter customers qualify to have all levels of subscription service refunded or credited if not fully satisfied with the service. To be considered a new Charter customer, customer must not have subscribed to a Charter TV™ in Digital or Charter Internet services within the previous 90 days or Charter Phone®service within the previous 30 days and customer must have no outstanding obligations to Charter.
- Current customers adding a new level of subscription service qualify to receive a refund or credit only on those newly added services.
- The Money Back Guarantee is valid for customers who pay for their first month of new or upgraded monthly recurring subscription services including hardware purchased or leased and installation (when customer paid for installation).
- Limited to one refund or credit per subscription per household.
- Refunds/Credits will be given only when request for cancellation of service is received by Charter within 45 days of installation of service (30 days subscribing to the service, plus 15 day grace period for formal requests of refund/credit). Only 30 days of service will be refunded or credited. Charter reserves the right to determine on a case-by-case basis whether the applicable service must be discontinued after customer receives a refund or credit.
- Charter will not release the refund or credit to the customer until any equipment associated with the new subscription has been returned.
- Local and state taxes will apply. Franchise fees and other fees or charges may apply. All such taxes, fees and charges are the responsibility of the customer and will not be refunded or credited.
- 30 Day Money Back Guarantee does not apply to PPV charges. Customer is responsible for paying for any PPV movies or events ordered on the account.
Procedure for Submitting a Copyright Infringement Claim
Charter Communications is registered under the Digital Millennium Copyright Act of 1998 ("DMCA") (See 17 U.S.C. §512). Under the DMCA, copyright owners have the right to notify Charter Communications if they believe that a Charter customer has infringed the copyright owner's work(s). If you believe that a Charter Communications' customer has copied your work in a way that constitutes copyright infringement, you may file a Notification of Claimed Infringement with Charter Communications' designated DMCA agent. The DMCA provides the following procedure for parties to follow who wish to file a Notification of Claimed Infringement with Charter Communications.
To serve a Notification of Claimed Infringement on Charter Communications or any affiliated entities, send your Notification to:
Address to which Notification should be sent:
Attn: DMCA Agent
St. Louis, Missouri 63131-3674
To be effective under the DMCA, the Notification of Claimed Infringement must be a written communication provided to Charter Communications' designated agent and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the infringing IP address, time, date, and the time zone to permit Charter Communications to locate the material.
- Information reasonably sufficient to permit Charter Communications to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, Charter Communications will notify the customer of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on a Charter domain. No personal, customer information is shared with the copyright owner unless required by law.
If Charter receives more than one Notice of Copyright Infringement on the customer's part, the customer may be deemed a 'repeat copyright infringer.' Charter Communications reserves the right to terminate the accounts of 'repeat copyright infringers.'
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with Charter Communications' designated agent.
To be effective, a Counter-Claim must be a written communication provided to Charter Communications' designated agent and must include the following information:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a DMCA Counter-Claim, Charter Communications will provide the complaining party with a copy of the DMCA Counter-Claim. When Charter receives a Counter-Claim that meets the requirements of the DMCA, Charter will process the Counter-Claim in accordance with the requirements of the DMCA.
NOTE: The information on this page is provided to you for informational purpose only, and is not intended as legal advice. If you believe you rights under United States copyright law have been infringed, you should consult with your attorney.