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1. Definitions
(a) "Service" means the Road Runner or any successor on-line service
offered by Time Warner Cable .
(b) "Subscriber" means a person who establishes an authorized account
("Account") for access to and use of the Service.
(c) "Computer" means Subscriber's personal computer that will be used
to access the Service. A Computer will need to meet certain requirements
that will be specified by Time Warner Cable .
(d) "Equipment" means the cable modems and any other equipment including
cabling, if necessary, to be installed at a Subscriber's premises, as
described in Section 4.
(e) "Software" means the computer software licensed by Time Warner Cable
to Subscriber to enable a single Computer to access the Service through
the Equipment, as described in Section 4
(f) "Terms" means these Terms and Conditions of Use.
2. General
(a) These Terms set forth the terms and conditions which apply to the
use of the Service by Subscriber. No representation, warranty, term or
condition, other than as specifically set forth in these Terms, shall
be binding on Time Warner Cable .
(b) Subscriber understands that the Service provides an uncensored feed
from the Internet and that Time Warner Cable does not control, and assumes
no responsibility for, content on the Internet or posted by a Subscriber.
(c) Time Warner Cable shall have the right at any time to change or
discontinue any aspect or feature of the Service, including but not limited
to content, hours of availability, and Equipment needed for access to
and use of the Service. Either Time Warner Cable or Subscriber may terminate
the Service to Subscriber at any time. Time Warner Cable further has the
right to add to or modify any rules, terms and conditions governing use
of the Service at any time.
(d) Subscriber is responsible in all respects (including all payment
obligations) for all use of Subscriber's Account in all circumstances,
including under any screen name or password by any person. Subscriber
will ensure that all use of Subscriber's Account complies fully with the
provisions of these Terms and any operating rules that may be promulgated
from time to time by Time Warner Cable , and all use by others of Subscriber's
Account is subject to the terms hereof. Subscriber shall be responsible
for protecting the confidentiality of Subscriber's passwords.
(e) Subscriber represents and warrants that he or she is at least 18
years of age. Subscriber may, at his or her discretion, permit minors
to use the Service under adult supervision.
(f) Transfer of the Account by Subscriber to any other person, or to
a new residence, is prohibited.
3. Charges.
(a) Subscriber agrees to pay for the Service that he or she has subscribed
to, including applicable charges for installation and all applicable local,
state or federal fees or taxes. Monthly charges for the Service are set
forth on a separate price list and are subject to change in the future.
Service charges will be billed monthly in advance and are payable on the
due date specified on the bill.
(b) An administrative late charge may be charged on accounts for Road
Runner services that are past due. Payment for your Road Runner service
must be received by Time Warner Cable on or before the due date stated
on your Road Runner monthly bill. Failure to deliver payment by the due
date is a breach of your Road Runner subscription agreement. This individual
breach causes Time Warner Cable to suffer damages in an amount that is
difficult to ascertain with certainty. Time Warner Cable has made a reasonable
estimate to determine the damages caused by late payments generally and
has used this estimate to set a liquidated damages late fee amount. The
current late fee is listed in your [list of charges] or can be provided
upon request. Time Warner Cable reserves the right to change the late
fee amount at any time in the future upon notice to you of the new amount.
(c) If Subscriber discontinues the Service or the Service is discontinued
for non-payment, he/she will be required, in addition to payment of all
overdue balances, to pay a reconnect charge or trip charge (where applicable)
before reconnection.
(d) Time Warner Cable may charge a service fee for all returned checks
and bank card or charge card chargebacks.
(e) Subscriber will be responsible for all expenses (including reasonable
attorneys' fees) incurred by Time Warner Cable in collecting any amounts
due in accordance with these Terms and unpaid by Subscriber.
4. Equipment and Software.
(a) The charges for the Service include (1) rental of a cable modem
and other Equipment, if necessary, to be installed at the Subscriber's
premises to permit connection of a single Computer to the Service, (2)
purchase, if necessary, of an ethernet card for installation in Subscriber's
Computer, and (3) license of the Software. Connection of additional Computers
may require payment of additional charges.
(b) Time Warner Cable will install the Equipment. Subscriber will select
one of Time Warner Cable 's authorized computer dealers to install the
Software, unless agreed otherwise. Time Warner Cable may enter Subscriber's
premises and have access to Subscriber's Computer periodically during
the term hereof to install, connect, inspect, maintain, repair or alter
the Equipment or associated hardware or the Software, or to disconnect
and remove the Equipment.
(c) Time Warner Cable shall have the right to upgrade the Equipment
and Software from time to time through "downloads" from the network or
otherwise, to conform the Equipment and Software to its current network
specifications. This may include limitations on the throughput available
through individual modems.
(d) If Subscriber is not the owner of the premises upon which Equipment
and Software are to be installed, Subscriber warrants that he/she has
obtained the consent of the owner of the premises for Time Warner Cable
personnel or its agents to enter the premises for the purposes described
in Section 4(b).
(e) Equipment.
(i) With the exception of the ethernet card, the Equipment is and at
all times shall remain the sole and exclusive personal property of Time
Warner Cable , and Subscriber shall acquire no interest therein by virtue
of the payments provided for herein or the attachment of any portion of
the Equipment to the Subscriber's residence or otherwise. Upon installation
by Road Runner, the ethernet card shall become and shall remain the sole
and exclusive personal property of Subscriber.
(ii) Subscriber will not open, alter, misuse, tamper with or remove
the Equipment as and where installed by Time Warner Cable , and will not
remove any markings or labels from the Equipment indicating Time Warner
Cable ownership. Subscriber will safeguard the Equipment from loss or
damage of any kind, and will not permit anyone other than an authorized
representative of Time Warner Cable to perform any work on the Equipment.
(iii) Upon termination of the Service, for whatever reason, Subscriber
acknowledges that his/her right to possess and use the Equipment shall
likewise terminate. In such event, the Equipment shall be returned to
Time Warner Cable in the same condition as when received, ordinary wear
and tear excepted. If the foregoing conditions are met, Time Warner Cable
will return to Subscriber his/her security deposit, if any, within a reasonable
time thereafter.
(iv) If the Equipment is damaged, destroyed, lost or stolen while in
Subscriber's possession, Subscriber shall be liable for the cost of repair
or replacement of the Equipment. If the Equipment is not returned to Time
Warner Cable as described in Section 4(e)(iii) upon termination of the
Service, Subscriber will pay Time Warner Cable the sum of Three Hundred
Dollars ($300.00) representing the replacement cost of the Equipment without
any reduction for depreciation, wear and tear or the physical condition
of such Equipment; unreturned power supply units (Other Equipment) will
represent a replacement cost of Fifty Dollars ($50.00). Time Warner Cable
may apply any security deposit to any such obligation of Subscriber, and
collect any remaining balance from Subscriber. In the event any amount
is deducted from the security deposit, the Subscriber must replace the
amount so deducted.
(f) Software.
(i) Time Warner Cable grants to the Subscriber a limited, non-exclusive
license to use the Software, in object code form only, solely for the
purpose of connecting Subscriber's single Computer to the Service. This
license will permit such use by Subscriber and any person authorized by
Subscriber to use the Account, under any password or screen name, provided
that Subscriber shall be responsible for all use of the Account as described
in Section 2(d). This license will commence upon acceptance of Subscriber's
subscription for the Service and will terminate immediately upon termination
of the Service to Subscriber for any reason. Time Warner Cable retains
all rights and interests in and to the Software.
(ii) Subscriber is permitted to archive the Software, provided that
all such copies contain the same copyright notices and proprietary markings
as the original Software. Subscriber will not engage in, and will not
permit, any other copying, or any translation, reverse engineering or
reverse compiling, disassembly or modification of, or preparation of any
derivative works based on the Software, all of which are prohibited.
(iii) Subscriber will destroy all Software and any related written material
together with any copies promptly upon termination of the Service to Subscriber
for any reason.
5. Subscriber Conduct.
(a) Subscriber shall use the Service for lawful purposes only. Subscriber
shall not post or transmit through the Service any material (including
any message or series of messages) that violates or infringes in any way
upon the rights of others (including copyright or trademark rights), that
is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive
of privacy or publicity rights, or in the circumstances would be obscene
or indecent, constitutes hate speech or is otherwise offensive or objectionable,
or that encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law. Subscriber also
shall not link his/her personal home page to material or content that
violates the Service's standards of conduct as reflected in this Section
5 or as specified by rules that the Time Warner Cable may, from time to
time, promulgate to govern Subscriber conduct. Time Warner Cable shall
have the sole and unreviewable right to determine whether content violates
these standards.
(b) Subscriber will not resell the Service, or any portion thereof,
or otherwise charge others to use the Service, or any portion thereof.
The Service is for personal use only, and Subscriber agrees not to use
the Service for operation as an Internet Service Provider, to host web
sites for other parties or for any other business enterprise or to connect
the Cable modem to any server or to any computer outside of the Subscriber's
premises.
(c) Without Time Warner Cable 's prior written approval, Subscriber
shall not post or transmit through the Service any material that constitutes
or contains advertising or any solicitation with respect to products or
services, nor shall Subscriber transmit bulk e-mail without prior written
permission from Time Warner Cable.
(d) Except as allowed by applicable law, Subscriber shall not upload,
post or otherwise make available on the Service any material protected
by copyright, trademark, or trade secret or other proprietary right without
the express permission of the owner thereof. Subscriber may upload public
domain materials and is responsible for and assumes all risks with respect
to the determination of whether materials are in the public domain.
(e) The Service contains copyrighted material, trademarks and other
proprietary information, and the entire contents of the Service are copyrighted
as a collective work under the United States copyright laws. Time Warner
Cable grants Subscriber the right to download the Service's copyrighted
material solely for Subscriber's personal use. Except as granted here
and as otherwise expressly permitted under copyright law, no copying,
redistribution, publication or commercial exploitation of downloaded material
will be permitted without the express prior written consent of Time Warner
Cable and, where applicable, the third party copyright owner. In the event
of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution or copyright
notice shall be made.
6. Monitoring and Enforcement.
(a) Subscriber agrees that Time Warner Cable shall have the right, but
not the obligation, to monitor all content on the Service, including chat
rooms, bulletin boards, e-mail and forums, in order to determine compliance
with these Terms and any rules now or hereafter established by Time Warner
Cable .
(b) Time Warner Cable will have the right in its sole discretion to
edit, refuse to post, request removal of, or remove any material submitted
to or posted on the Service, including personal home pages. Without limiting
the foregoing, or Time Warner Cable 's rights under Section 2, Time Warner
Cable shall have the right to remove any material that Time Warner Cable
, in its sole discretion, finds to be in violation of the provisions of
these Terms, including the standards of conduct set forth in Section 5(a),
any operating rules promulgated from time to time by Time Warner Cable
, or otherwise to be objectionable.
(c) Subscriber agrees that Time Warner Cable has the right to take any
action Time Warner Cable deems appropriate to protect the Service, its
facilities for provision of the Service, or the Equipment, including but
not limited to restricting or prohibiting the posting of any material
that interferes with Time Warner Cable ability to provide the Service.
Subscriber acknowledges and agrees that Time Warner Cable shall have the
right to monitor the "bandwidth" utilization (i.e. volume of data transmitted)
arising out of the Service provided hereunder at any time and on an on-going
basis and to limit excessive use of bandwidth in order to effectuate these
provisions and other terms hereof.
(d) If Time Warner Cable determines that Subscriber has failed to comply
with the Service's standards of conduct or limits on bandwidth utilization,
Time Warner Cable may suspend Subscriber's Account or home page or cancel
Subscriber's Account without prior notification. Time Warner Cable may
also suspend or cancel Subscriber's Account for using the Service to post
content to the Internet that violates the Service's standards. If Subscriber's
Account is suspended, Subscriber will not be charged for that period of
time. If Subscriber's Account is canceled, Subscriber will be refunded
any pre-paid fees minus any amount due Time Warner Cable.
(e) Time Warner Cable undertakes no obligation to review or determine
the accuracy of any Subscriber postings.
7. Republication
Subscriber acknowledges that material posted or transmitted through
the Service may be copied, republished or distributed by third parties,
and will hold Time Warner Cable , its corporate parents, affiliates and
subsidiaries harmless for any harm resulting from such actions.
8. Service and Repairs
Time Warner Cable will repair damage to or, at Time Warner Cable option,
replace Equipment, modify Software, and otherwise attempt to correct interruptions
of Service, due to reasonable Equipment wear and tear or technical malfunction,
at Time Warner Cable 's expense. Other repair or replacement will be at
Subscriber's expense under Section 4(e).
9. Service Interruptions; Force Majeure
In the event of complete failure of the Service due to technical malfunction
for twenty-four (24) consecutive hours or more, Subscriber is entitled
to a prorated credit upon request. To qualify for an adjustment, Subscriber
must request a credit within thirty (30) days of the failure. Time Warner
Cable , its corporate parents, affiliates and subsidiaries shall have
no liability, including as set forth in this Section 9, for interruption
of Service due to circumstances beyond its control, including without
limitation, acts of God, natural disaster, regulation or governmental
acts, fire, civil disturbance, strike or weather.
10. Disclaimer of Warranty; Limitation of Liability.
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S
SOLE RISK. NEITHER TIME WARNER CABLE, ITS CORPORATE PARENTS, AFFILIATES,
SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE
OR MERCHANDISE PROVIDED THROUGH THE SERVICE. CERTAIN CONTENT MAY BE CONSIDERED
OBJECTIONABLE BY INDIVIDUAL SUBSCRIBERS AND SUBSCRIBERS MUST EXERCISE
THEIR OWN DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE
SERVICE.
TIME WARNER CABLE, ITS CORPORATE PARENTS, AFFILIATES AND SUBSIDIARIES
DO NOT ENDORSE OR WARRANT, AND SHALL NOT BE RESPONSIBLE IN ANY REGARD
FOR, ANY MERCHANDISE OR SERVICES ORDERED THROUGH THE SERVICE OR OTHER
COMMERCIAL TRANSACTIONS. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL SUCH
CHARGES AND SHALL INDEMNIFY TIME WARNER CABLE, ITS CORPORATE PARENTS,
AFFILIATES AND SUBSIDIARIES FOR ALL LIABILITY IN CONNECTION THEREWITH.
THE SERVICE, THE EQUIPMENT AND THE SOFTWARE ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THESE TERMS.
NEITHER TIME WARNER CABLE, ITS CORPORATE PARENTS, AFFILIATES OR SUBSIDIARIES
NOR ANY OF ITS SUPPLIERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WITH
REGARD TO THE OPERATION OR REPAIR OF SUBSCRIBER'S COMPUTER, OR FOR ANY
LOSS OF DATA BY SUBSCRIBER, HOWEVER CAUSED.
EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN SECTIONS 6(d)
AND 9 RESPECTIVELY, IN NO EVENT (INCLUDING NEGLIGENCE) WILL TIME WARNER
CABLE, ITS CORPORATE PARENTS, AFFILIATES, SUBSIDIARIES, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE
(INCLUDING THE CONTENT INCLUDED THEREIN OR THE INFORMATION SERVICES ACCESSED
THEREBY), THE EQUIPMENT OR THE SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, ACTION TAKEN TO PROTECT THE SERVICE OR
OUT OF THE BREACH OF ANY WARRANTY.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION 10
SHALL APPLY TO ALL CONTENT OR INFORMATION SERVICES INCLUDED IN, OR ACCESSIBLE
THROUGH, THE SERVICE, AND ARE FOR THE BENEFIT OF TIME WARNER CABLE, ITS
CORPORATE PARENTS, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE EMPLOYEES
AND AGENTS.
11. INDEMNIFICATION
SUBSCRIBER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS TIME WARNER
CABLE, ITS CORPORATE PARENTS, AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL
CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT
OF OR RELATED IN ANY WAY TO THE USE OF THE SERVICE BY SUBSCRIBER OR OTHERWISE
ARISING OUT OF THE USE OF SUBSCRIBER'S ACCOUNT OR EQUIPMENT.
12. Privacy
Subscriber's privacy interests, including Subscriber's ability to limit
disclosure of certain information to third parties, are addressed by,
among other laws, the federal Cable Communications Act and the Electronic
Communications Privacy Act. Those two Acts and information required to
be disclosed by the Cable Act with regard to personally identifiable information
are described in the Subscriber Privacy Notice delivered to Subscriber
and incorporated by reference. Subscriber acknowledges receipt of the
Subscriber Privacy Notice. In addition to the categories of disclosure
specifically authorized by statute and described in the Privacy Notice,
Time Warner Cable also reserves the right to disclose and Subscriber hereby
consents to the disclosure of any information that suggests that any individual's
physical safety is in peril.
13. Entire Agreement
These Terms and any rules specified by Time Warner Cable for the Service
established by Time Warner Cable now or hereafter constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties
with respect to such subject matter; provided that any other subscription
or customer agreement or terms and conditions relating to Subscriber's
cable television service with Time Warner Cable shall remain in full force
and effect. Acceptance of Service shall constitute acceptance of the terms
and conditions herein. Subscriber's continued acceptance of the Service
following notice of any new or modified rules, terms or conditions for
use thereof provided by Time Warner Cable by any means (including online
posting thereof in the Service) shall constitute acceptance.
14. Term and Revisions
These Terms will remain in effect until canceled by either party or
superseded by revised Terms and Conditions of Use. Subscriber acknowledges
that Time Warner Cable may from time to time promulgate revisions to these
Terms. Subscriber shall be notified of any revisions on-line or otherwise
and shall be given the opportunity to accept such changes or cancel his/her
subscription and receive a refund of prepaid fees minus any amount due
Time Warner Cable .
15. Serviceability
In the event that any portion of these Terms is held to be invalid or
unenforceable, the invalid or unenforceable portion shall be construed
in accordance with applicable law as nearly as possible to reflect the
original intentions of the parties as set forth herein, and the remainder
of these Terms shall remain in full force and effect.
16. Waiver
No waiver by either party of any breach or default shall be deemed to
be a waiver of any preceding or subsequent breach or default. All subscribers
are subject to all usage terms, conditions and policies set forth by Time
Warner Cable.
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