Terms of Service/Policies
Mountain States Cable Service Terms and Conditions
THESE TERMS OF SERVICE GOVERNING YOUR USE OF CHARTER’S CABLE TV SERVICE (“CABLE SERVICE”) INCLUDE A BINDING ARBITRATION PROVISION SET FORTH IN PARAGRAPH 30 WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
- Payment of Charges: Subscriber will be billed monthly in advance for Services to be received, plus pro-rata charges, if any, for periods not previously billed. Subscriber will be billed monthly for Pay Per View, On Demand or other services ordered as well as features or functions that are offered as part of the Services, such as DVR offerings, where charges are based on actual usage or on orders placed during the previous month. Subscriber must pay all undisputed monthly charges as itemized on the Charter monthly invoice and/or notify Charter of disputed items within thirty (30) days of receipt, or such greater amount of time as required by law. Failure to pay charges invoiced (including checks returned for insufficient funds) may result in discontinuance of service, the removal of all Equipment and/or the imposition of a late payment or service charge. An additional charge may be imposed if a check is not honored due to insufficient funds. In the event collection activities are required, an additional collection charge may be imposed. If Subscriber has more than one account (Business and/or Residential) served by Charter, all Charter-provided services at all locations may be subject to discontinuance of service in the event any one account remains unpaid.
- Third Party Services Provided: In addition to providing video programming and video-related services, and interactive television services, the Charter digital set top box may provide e-commerce and other services, as well as access to certain proprietary products of Charter. Through such other functions you may be able to subscribe to or access other services and transact other forms of electronic commerce such as purchasing third party products and services. Subscriber acknowledges that Subscriber may incur charges while using these services or while engaging in other forms of "e-commerce" (i.e. charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings using these functions). All such charges, including applicable taxes shall be paid by Subscriber to those services and are not the responsibility of Charter.
- Charter Property: All equipment, including but not limited to, any cables, wires, amplifiers, digital set top box, CableCards, SmartCards, remotes, and keyboards distributed to and/or installed for use in the Subscriber's home by or on behalf of Charter ("Equipment") remains the property of Charter . None of the Equipment shall become a fixture. Subscriber must return all Equipment upon substitution of use or termination of service. Failure to do so will result in a charge to be determined with reference to Charter’s then current penalty schedule, which amount shall be due immediately. Subscriber agrees to pay such charge whether such Equipment is lost (through theft or otherwise) or destroyed.
- Disruption of Service: In no event shall Charter be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond Charter’s reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), Charter, upon prompt notification of such failure or interruption from Subscriber, will either provide Subscriber with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. Charter shall not be liable for any incidental or consequential damages.
- Repair of Charter Equipment: Charter will repair and/or replace defective Equipment (excluding the replacement of batteries) in accordance with the applicable pricing schedule, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. Charter shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. Charter is not responsible for the maintenance or repair of Subscriber provided equipment, including but not limited to television sets, QAM tuners, VCRs, DVDs, or other video equipment, remote controls, keyboards, video game consoles, recording/playback devices (eg TiVO, Moxi), stereos or other audio equipment, telephones or A/B switches. A service charge may be imposed if damage to Charter Equipment is due to negligent use or abuse or if no fault is discovered in Charter’s system or Equipment. In addition, an equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged Equipment. Charter makes no warranties, with respect to Equipment or Service provided by Charter or with respect to the Equipment's compatibility with any Subscriber owned equipment.
- Subscriber Property: Charter assumes no responsibility for and shall have no responsibility for the condition or repair of any Subscriber provided equipment. Subscriber is responsible for the repair and maintenance of Subscriber provided equipment. Charter is not responsible or liable for any loss or impairment of reception of Charter’s service due in whole or in part to malfunctions, defects or otherwise caused by Subscriber provided equipment.
- Taxes: Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
- Reproduction of Programs: Subscriber agrees that the programs and other services provided by Charter will be utilized solely for Subscriber's personal, non-commercial use and will not be duplicated except in compliance with applicable law.
- Charter’s Rights:
- Charter has no obligation to monitor content or services accessible by means of the Charter cable system or the digital set top box. However, Subscriber acknowledges and agrees that Charter has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law or regulation, to operate its programming and data information services properly, or to protect itself or its Subscribers.
- Charter shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of Charter’s systems, Equipment, and services.
- Care of Charter Property: Subscriber agrees that neither Subscriber nor any other person (except Charter’s authorized personnel) will open, tamper with service, make any alterations to, or remove any Equipment from its point of initial installation, absent Charter’s consent. Any alteration, tampering, removal, etc. or the use of equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of service and is prohibited.
- Access to Subscriber Premises: Subscriber authorizes Charter and its employees, agents, contractors and representatives to access and otherwise enter at reasonable times Subscriber's premises to install, inspect, maintain and/or repair the Equipment supplied by Charter and, upon the termination of Service, to remove the same from the premises. Charter’s failure to remove Equipment shall not be deemed an abandonment thereof.
- Assignment or Transfer: This Agreement and the Equipment supplied by Charter are not assignable or otherwise transferable by Subscriber without written authorization from Charter.
- Termination for Bankruptcy: Charter may terminate its Service immediately in the event that Subscriber makes an assignment for the benefit of creditors or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.
- Termination of Service by Subscriber: Unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. Subscriber shall have the right at any time to terminate the Service by giving notice to Charter. In the event Subscriber elects to terminate the Service, Subscriber will pay for such Service until the date of disconnection. However, in no event, unless Subscriber fails to keep the scheduled disconnect appointment or fails to return the Equipment to a Charter retail store, shall Subscriber pay for Service for a period greater than seven (7) days after Charter receives such notification of termination.
- Breach of Agreement: If Subscriber breaches this Agreement, fails to abide by Charter’s rates, rules and regulations, fails to provide and maintain accurate registration information, engages in any illegal or prohibited activity in connection with their use of the Services, or requires an excessive amount of technical or customer support, as determined in Charter’s sole discretion, Charter at its option may discontinue the Service and remove the Equipment. Failure of Charter to remove such Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Charter in the event that Charter shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
- Notwithstanding anything to the contrary herein, the Service, including but not limited to all programming, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, data offerings and other services are subject to change in accordance with applicable law. Subscriber acknowledges and agrees that it has no right to receive, and Charter has no obligation to provide, any particular programming service or channel as part of Charter’s Service and that Subscriber is not entering into this agreement or purchasing Charter’s Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of Charter’s Service.
- Notwithstanding anything to the contrary herein, and for the avoidance of doubt, in the event particular programming becomes unavailable, either on a temporary or permanent basis, due to a dispute between Charter and a third party programmer, Charter shall not be liable for compensation, damages (including compensatory, direct, indirect, incidental, special, punitive or consequential losses or damages), credits or refunds of fees for the missing or omitted programming. Subscriber's sole recourse in such an event shall be termination of the Service in accordance with the terms of Section 14. The provisions of this paragraph shall not apply to programming to which a Subscriber subscribes on an a la carte basis (i.e. channels that are not part of a package or tier); provided, however, in that event Subscriber shall only be entitled to a pro rata credit of amounts pre-paid for the specific programming to which Subscriber subscribes on an a la carte basis.
- Rates: All rates are subject to change in accordance with applicable law. Rates for the Service, Equipment, installation and all related services hereunder are subject to change in accordance with applicable law. Subscribers may incur additional charges for using certain service features that are not included in the Charter monthly subscription charges.
- Late Fee: If your account is 30 days past due, you will see a reminder message on your statement. If your past due balance remains unpaid, you may be charged an applicable late fee on top of your past due balance. If your account remains unpaid, your Service may be disconnected. You can avoid any late charges by paying your bill promptly.
- Disclaimer: Charter assumes no liability for any program, services or information distributed over the cable system and/or Charter’s digital set top box unless locally produced by Charter. Charter shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the cable system or Charter’s digital set top box, unless such products, merchandise or prizes are provided directly by Charter.
- Parental Control: A Parental Control feature is available, if you want to keep children from watching certain programming. You can place channels under Parental Control by blocking out channel number, and/or, on the digital set top box, by program rating. Please check the manual provided with your Service for instructions on how to implement and monitor the Parental Control features. Should you deactivate the Parental Control feature, even for one channel or event, this will deactivate the Parental Control feature for all other channels that were previously locked out. You will then have to reactivate the Parental Control to again block out the desired channels. It is recommended that you occasionally verify that your Parental Control feature is activated and operational.
- Spending Controls: Spending Controls, which allow you to control the purchasing of Pay Per View or On Demand movies and events, are available in order to assure authorized use and ordering of these services, either by means of a Purchase Password for telephone requests, by means of a PIN number for ordering through your telephone or your set top box, or by means of the Options and Help menu available on the digital set top box. In some areas, you may be required to pre-select a Purchase Password or PIN number. Please check the manual provided with your service for instructions on how to implement and monitor the Spending Control features. Failure to utilize these features may allow someone to order Pay Per View or On Demand services from your residence without your knowledge. Should this occur, the account holder will remain legally and financially responsible for all charges. Also, should you deactivate these features on the set top box even for one channel or event, this will remove the Purchase Password security for all Pay Per View services. You will have to reprogram the features if you wish to control the ordering of the Pay Per View services. It is recommended that you occasionally verify that your Spending Control features are activated and operational.
- Limitation of Liability: Subscriber expressly agrees that the use of the Services and Equipment, as well as the purchase or use of any third-party service or product provided by or accessed through the Service, is at Subscriber's sole risk and Subscriber acknowledges that this Service and the Equipment are provided "as is" and "as available" for Subscriber's use, without warranties of any kind, whether express or implied. Neither Charter nor any third-party provider of services or products, makes any representations or warranties with respect to any product or service offered through the Service, and Charter shall not be party to nor responsible for monitoring any transaction between Subscriber and third-party providers of products or services. Unless otherwise specifically provided in this Agreement, Charter will not be liable to the Subscriber or to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with Charter’s Equipment, Charter’s Services, or any other services hereunder, including without limitation, any damage resulting from or arising out of the Subscriber's reliance on or use thereof, or the mistakes, omissions, interruptions, errors, defects, delays in operation, transmission, or any failure of performance thereof the Services; and
- any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of Charter Equipment, the Services, or any other services hereunder by the Subscriber or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. This limitation applies to the acts, omissions, negligence and gross negligence of Charter, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against Charter in contract, tort or any other legal doctrine.
- Prohibited Uses and Activities: The Subscriber shall not use Charter’s Equipment, or the Services for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in their course of dealings with Charter, including but not limited to engaging in:
- invading another person's privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable;
- redistributing or retransmitting the Service, or any portion thereof, or transmitting or distributing the Service, or any portion thereof, to persons outside the service location on your account;
- modifying, disrupting or tampering with Charter’s Equipment, including but not limited to, tampering with the seal on the digital set top box, the access card or any of Charter’s services;
- connecting or attaching equipment to the Service with the intended purpose to distribute the service in an unauthorized manner;
- restricting, inhibiting or otherwise interfering with the ability of any other person to use or enjoy any Charter service, the Service, or the Internet.
- reselling Charter service or services;
- conducting a pyramid or other illegal soliciting scheme;
- impersonating any person or entity or forging anyone else's digital or manual signature; or
- harassing, threatening, or otherwise verbally abusing Charter employees or its agents.
- License Requirements: Subscriber agrees to comply with all end user license requirements relative to any of the Services which Subscriber accesses pursuant to the terms of this Agreement. Subscriber may not decompile, reverse engineer, disassemble, modify, create derivative works of, or in any way derive any source code from the Services, or any portion thereof including Charter software or third party software made available through or in connection with the Service. You agree not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the Service.
- Charter shall not be Liable for: Any information sent by the Subscriber utilizing the functions of Charter’s Equipment is sent at the Subscriber's sole risk, and Charter shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber. Without limitation of the foregoing, Subscriber acknowledges and agrees that Charter shall not be liable for any use of Subscriber's information provided to third parties in connection with Subscriber's use of Charter’s Cable Service or other third party services or functions available through the Service. Charter shall not be liable or responsible for any errors, losses, or interruptions in connection with Subscriber's use of the Service, and any features or functionalities thereof, including but not limited to intermittent service, erroneous deletions, failed or misdirected recordings, and inability to schedule recordings.
- You are responsible for any misuse of Charter’s Equipment, the Services, or any third party services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or Subscriber with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to Charter’s Equipment, Services or third party services. For example, you must secure any wireless home network used in connection with the Service by requiring passwords or similar means of restricting access to such network.
- You agree to maintain the security and confidentiality of any Charter-provided usernames and passwords or similar credentials that enable you to access the Services. You further agree not to disclose such credentials to any third party. Without limitation of the foregoing, you agree that you shall not disclose such credentials to third parties to enable them to access the Services or programming that may be made available to you outside the home through TV Everywhere arrangements.
- The Equipment, Services or third party Services may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. Use or distribution of tools designed for compromising security is prohibited.
- Choice of Law: This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
- Entire Agreement: This Agreement constitutes the entire agreement between the Subscriber and Charter for Charter’s Cable Service. No undertaking, representation or warranty made by any agent or representative of Charter in connection with the sale, installation, maintenance or removal of Charter’s Services or Equipment shall be binding on Charter except as expressly included herein.
Engaging in one or more of these activities may result in termination of this Agreement. This section 24 shall not in any way limit Charter’s rights of termination pursuant to any other provision of this Agreement.
The following provisions are important with respect to the Agreement between you and Charter regarding Charter’s Services.
PLEASE READ THEM CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. This Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to you in the event of a dispute.
Subject to the “Exclusions” paragraph below, Charter and you agree to arbitrate disputes and claims arising out of or relating to this Agreement, the Services or marketing of the Services you have received from Charter. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.
THIS AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Charter should be addressed to: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 (“Arbitration Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Charter may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Agreement.
The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.
CHARTER SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES FOR CLAIMS OF UP TO $75,000. YOU ARE RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF CHARTER UNDER APPLICABLE LAW.
If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act.
The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CHARTER ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY
Unless Charter and you agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of your billing address.
The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual’s claim.
The parties agree that the arbitrator must give effect to the terms of this Agreement.
YOU AND CHARTER AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING
Furthermore, unless both you and Charter agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.
Right to Opt Out. If you do not wish to be bound by these arbitration provisions, you must notify Charter in writing within 30 days of (a) the date that this arbitration provision becomes effective, if you are an existing customer, or (b) the date that you first subscribe to the Service(s). You may opt out by visiting: www.charter.com/arbitration/optout or by mail to the Arbitration Notice Address. Your written notification to Charter must include your name, address, and Charter account number as well as a clear statement that you do not wish to resolve disputes with Charter through arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with Charter or the delivery of Services to you by Charter.
Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
EXCLUSIONS. YOU AND CHARTER AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY YOU OR BY CHARTER ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.
(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.
(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
The foregoing arbitration provisions shall survive the termination of this Agreement.