Terms of Service/Policies
Mountain States Internet Service Terms and Conditions
THESE TERMS OF SERVICE GOVERNING YOUR USE OF CHARTER'S INTERNET SERVICE ("INTERNET 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.
Subscriber's use of the Internet Service shall be deemed acknowledgment that Subscriber has read and agreed to these terms of service. Any user who does not agree to be bound by these terms should immediately stop their use of such Internet Service and notify the Charter's Customer Service Department to terminate the account. This is a legal document.
- Subscriber or User: Each member of your household and any other individual who uses the Internet Service irrespective of the individual in whose name the account is in or who owns, rents or uses the premises on which the Subscriber's Computer is located.
- Computer: An electronic device that includes networking equipment including but not limited to routers, firewalls, switches surveillance systems that can store, receive and process data and which has the minimum requirements necessary to operate Internet Service as outlined on Charter's website.
- Equipment: All equipment owned by Charter delivered to and installed in Subscriber's home, including but not limited to all Internet wire, the Modem (unless purchased separately), routers, and certain software necessary to receive Internet Service.
- Modem: A device that converts and transmits computer data over Internet lines.
- Internet Service: An electronic two way online information and communication service of Charter (which includes related proprietary products as well as Internet access) which is delivered over the Internet system and accessed via an Internet Modem to a Computer. The service is provisioned with a single Dynamic IP address. The address will change periodically and without prior notification. Any third-party providers of co-branded services offered as part of or through the Internet Service shall be referred to, as Third-Party Provider(s).
- WiFi: WiFi Internet access made available to Subscribers of Internet Service.
- Web Hosting: Website creation tools provide certain electing Subscribers with web hosting services without having to use their computers as the web server. Additional services, charges and payment terms for such services are listed on Charter's website.
2. Services Provided
The Internet Service provides Internet access, as well as access to certain related proprietary products. Through access to the Internet, you also can subscribe to services such as America Online and CompuServe (together with Charter's Internet Service, the "Services") and transact other forms of electronic commerce. Additionally, Subscribers may elect to subscribe to other advanced features such as video downloads, web hosting and Dynamic DNS and also may provide access to purchase additional services from Third-Party Providers. Subscriber acknowledges that Subscriber may incur charges while using the 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 via the Internet Service or the Services.) All such charges owed to parties other than Charter, including applicable Internet taxes, shall be paid by Subscriber to the Services and are not the responsibility of Charter.
3. Payment of Charges
- Charter 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 other services ordered where charges are based on actual usage or on orders placed during the previous month. Subscriber agrees to pay all undisputed monthly charges and all applicable Internet fees and taxes as itemized on the Charter monthly bill and notify Charter of disputed items within thirty (30) days of receipt, or longer as provided by applicable Internet 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 late payment or service charge. If the 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. In the event collection activities are required, an additional collection charge may be imposed. Rates for the Internet Service, Equipment, installation and all related services hereunder are subject to change in accordance with applicable Internet law. Subscribers may incur additional charges for using certain Internet Service features that are not included in the Charter monthly subscription fees.
- Third-Party Provider Charges: Subscriber authorizes that any charges including, additional fees and taxes, incurred by Subscriber billed directly by a Third-Party Provider may be charged directly to Subscriber's credit card or in the event any Third-Party Provider is unable to charge such amounts to the credit card number Subscriber has provided, Subscriber remains responsible for any such charges and agrees to pay by another means acceptable to the affected Third Party Provider.
4. Computer Equipment
Subscriber acknowledges and agrees that it has the minimum computer and system requirements necessary to operate the Internet Service as outlined in the consumer informational literature provided by Charter.
5. Disruption of Service
In no event shall Charter be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Charter's reasonable control. Subject to applicable Internet law, credit with respect to Subscriber's recurring monthly subscription fee shall be given for qualifying outages of the Internet Service. In any event, if there is a known service interruption in excess of twenty-four (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, shall provide Subscriber with a pro-rata credit for charges billed by Charter relating to such failure or interruption. Credits or billing adjustments for services billed by a Third-Party Provider shall be subject to the stated billing practices of that Third-Party Provider. In no event shall Charter or any Third-Party Provider be liable for any incidental or consequential damages.
6. Repair of Charter Equipment
- Charter will repair and/or replace defective Equipment in accordance with the applicable Internet 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.
- B. Charter is not responsible for the maintenance or repair of Subscriber's Computer, Modem (if Subscriber-owned) or related Subscriber-owned equipment. A service charge may be imposed upon the dispatch of a technician, if there is damage to Charter's Equipment due to negligent use or abuse or if no fault is discovered in Charter's system or Equipment. Charter makes no warranties with respect to the Equipment or Modem's compatibility with Subscriber provided equipment.
7. Relocating Equipment
Charter's system is highly sophisticated and sensitive. Any "break" in the integrity of the Internet system will subject the system to "ingress" of radio signals, which will disrupt your service and may affect that of others. Internet modems are not "portable" and are not permitted to operate at any location other than the address that appears on the Subscriber's account. Accordingly, Subscriber agrees that Subscriber will not relocate, move or in any way tamper with or relocate the Internet Service. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Charter shall relocate the Internet Service for Subscriber within Subscriber's home at a time mutually agreed to by Charter and Subscriber. If the Subscriber moves residences outside of Charter's service area, Subscriber shall notify Charter that this Agreement shall be terminated and the provisions of Section 14 shall apply to such termination. In all cases, Subscriber shall notify Charter pursuant to Section 8 below. Subscriber may incur a charge for such relocation and should consult a current Charter schedule of rates and charges prior to requesting such relocation.
8. Contact Address
For any inquiries or notices required in connection with this Agreement, Subscriber shall contact Charter by writing to:
Attn: Customer Care
12405 Powerscourt Drive
St. Louis, Missouri 63131-3660
9. Subscriber Property
Charter assumes no responsibility and shall have no liability for the condition or repair of any Subscriber provided equipment, and/or software. Subscriber is responsible for the repair and maintenance of all such Subscriber provided equipment and software. Charter is not responsible or liable for any loss or impairment of Charter's Service due in whole or in part to a malfunction, defects or otherwise caused by Subscriber-provided equipment and/or software.
Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Internet Service, the Services, the Equipment or installation or service charges incurred with respect to the same.
11. Charter's Rights and Network Monitoring
- Charter has no obligation to monitor Internet Service content. However, Subscriber acknowledges and agrees that Charter has the right to monitor all content transmitted through the Service and from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Internet Service properly, including, but not limited to, monitoring of a Subscriber's access to certain content provided by Charter and/or Third-Party Providers, or to protect itself, its Subscribers, Third-Party Providers or the public.
- In addition to content, Charter automatically measures and monitors the performance of the Internet Service as well as the performance of Subscriber's connection and access to the Internet Service. Subscriber consents to Charter's access, collection and maintenance of information about Subscriber's use of the Services, Subscriber's equipment and Charter's Equipment and software including but not limited to type, profile and settings. Subscriber further consents to Charter's monitoring, adjustment and recording of such information for the purpose of providing the Internet Service.
- Third-Party Providers may monitor Subscriber activity. When using an Internet service provided by a Third-Party Provider, Subscriber is responsible for reviewing any terms of service or similar agreement as posted on the Third-Party Provider website which, to the extent not inconsistent with the provisions of this Agreement, shall bind the Subscriber. In the event of a conflict between this Agreement and any Third-Party Provider terms of service, acceptable use policy or any other agreements or restrictions, the provisions of this Agreement shall govern.
12. Access to Subscriber Premises
Subscriber authorizes Charter and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber's premises to install, maintain, inspect, and/or repair the Equipment, and upon the termination of the Service, to remove the same from the premises. Charter's failure to remove its Equipment shall not be deemed abandonment thereof.
13. Assignment or Transfer
The Agreement and the Equipment supplied by Charter are not assignable or otherwise transferable by Subscriber without specific written authorization from Charter.
14. Termination and Expiration
- Termination 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. To terminate any recurring service, Subscribers must call Charter at the number listed in Section 8 above, or provide a hardcopy written notice of termination to Internet Service delivered to the address listed in Section 8 above. Termination of a service offered for a separate charge billed directly by a Third-Party Provider shall be effected in accordance with the Terms of Service or similar agreement between the Subscriber and the Third-Party Provider.
- Termination for Bankruptcy: Charter shall have the right to terminate this Agreement 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 for Breach: In the event of any breach of this Agreement by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of Charter, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using the Internet Service, this Agreement may be, at Charter's option, terminated and Charter's Equipment removed. Failure of Charter to remove such Equipment shall not be deemed 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. Charter may terminate this Agreement or Charter or any Third-Party Provider may reject an application or block access to or use of any component of the Internet Service for any reason including, but not limited to, if
- Subscriber violated this Agreement as to this or another account of Charter or any Third-Party Provider of services or products,
- the information required in the registration process is or becomes incorrect, absent or incomplete,
- Subscriber's credit card issuer refuses a charge or any other payment method fails to compensate Charter or a Third-Party Provider,
- a violation, as determined in the sole discretion of either Charter or a Third-Party Provider, of the Terms of Service, Acceptable Use Policy or similar provisions or agreements with respect to any service, or
- the amount of technical support required to be provided to Subscriber is excessive in the sole judgment of Charter or an affected Third-Party Provider.
- Obligations Upon Termination: The Subscriber agrees that upon termination of this Agreement:
- Subject to 14(a), Subscriber will pay Charter in full for Subscriber's use of the Equipment and the Services up to the later of the effective date of termination of this Agreement and the date on which the Internet Service has been disconnected. The Subscriber agrees to pay Charter on a pro-rated basis for any use by the Subscriber of the Internet Service for a part of a month;
- Subscriber will promptly return all Equipment to Charter. In the event that Subscriber fails to return any Equipment within ten (10) days of the termination of this Agreement, Subscriber shall be liable to Charter in accordance with Charter's then current schedule of charges for non-returned Equipment.
- Effects of Termination: The termination of this Agreement for reasons other than Subscriber's bankruptcy shall not affect Subscriber's Charter television service.
15. Renewal after Cancellation or Termination:
Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of Internet Service, Subscriber shall be subject to the pricing, warranties, and terms of Internet Service as are effective at the time of such renewal.
16. Change In Internet Service
The Internet Service provided hereunder is subject to change in accordance with applicable Internet law.
Charter assumes no liability for and exercises no control over the content contained in the Internet, the Services or the content of the Internet Service to the extent such content is provided by any Third-Party Provider, including content that is pornographic, obscene, defamatory or otherwise inappropriate or offensive. Further, Charter shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Internet Service, or the Services unless such products, merchandise or prizes are provided directly by Charter. Subscriber agrees that Charter is not liable for any action or inaction with respect to any such content accessible through the Internet, the Services or the content provided by any Third-Party Provider.
18. Charter Network
The Internet Service utilizes a network that will allow bi-directional direct access to the Internet, i.e. Subscribers can directly access and respond to direct requests from Internet users outside Charter's Internet Service network (the "Network"). The Network is not intended to protect Subscribers from hackers, computer viruses or malicious codes gaining access to their Computer and as such, Subscribers should not rely on it to provide such functions. Charter and Third-Party Providers shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to damage to the Subscriber or the Subscriber's Computer resulting from the actions of any other third party including, without limitation, downloaded software, hackers or computer viruses regardless of delivery method for example, but not limited to delivery by email, instant messenger, chat, newsgroups, disc, CD, or DVD.
19. Limitation of Liability:
- Subscriber expressly agrees that the use of Internet Service, software and Equipment, including that provided by Third-Party Providers, as well as the purchase, download, or use of any third-party service or product provided by or accessed through the Internet Service, is at Subscriber's sole risk and Subscriber acknowledges that this service and these materials 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, including but not limited to any Third-Party Provider, makes any representations or warranties with respect to any product or service offered through the Internet Service or the Services, 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 and any Third-Party Provider 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 the use of Internet Service or provided third party services by the Subscriber or any other use of the Services including without limitation, any damage resulting from or arising out of the Subscriber's reliance on or use of the Internet Service or the Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Internet Service or 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 the Internet Service or the Services by the Subscriber or a third party infringes the copyright, patent, trade-mark, 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.
- C. Charter also does not guarantee continuous, uninterrupted or secure access to the Internet. Charter does not warrant that service will be available on a specified date or time or that the Network will have the capacity to meet your demand during specific hours. Further, Charter does not guarantee or warrant any particular speed of connection. In addition, Charter expressly disclaims any and all liability arising from or relating to any failure to provide adequate bandwidth to any Subscriber. Access to the Network cannot be guaranteed, and you may be unable to access the Network at any time, and disconnections from the Network may occur from time to time. In no event shall Charter have any liability arising from the reliability, ability or inability to connect to the Internet, or any other claim, loss, expense, fee or damage arising directly or indirectly from Subscriber's use of Charter's WiFi or any component thereof.
20. Multiple Users
Subscriber acknowledges that by "clicking" the Acceptance icon below and/or by using the Internet Service, Subscriber is agreeing to the terms and conditions of this Agreement on behalf of all persons who use the Internet Service or the Services through Subscriber's Computer or other devices. Subscriber shall be responsible for ensuring that all Subscribers understand and comply with the terms and conditions of this Agreement. Subscriber acknowledges and agrees that the Subscriber is responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Internet Service or Services.
21. Acceptable Use Policy
Subscriber shall comply with all of Charter's standards for acceptable use with respect to the Internet Service and the Services and shall refrain from any and all illegal and/or inappropriate activities, including without limitation as outlined in the Acceptable Use Policy. The Charter Internet Product Acceptable Use Policy will be updated from time to time and the latest version will supersede all prior versions. Please view the most updated version of Charter's AUP.
22. Additional Restrictions
In addition to the prohibitions outlined in the Acceptable Use Policy, the following restrictions apply:
- Users may not run any type of server on the system. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCKS, SQUID, DNS or any multi-user forums;
- Users may not register or point a domain, sub-domain, or hostname to any Charter IP address. Moreover, Users may not have traffic redirected to the Internet Service;
- Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Charter. For example, Subscriber may not provide Internet access to others through Charter's WiFi, a dial up connection, wireless access or host shell accounts over the Internet, provide e-mail or news service, or send a news feed.
- Users may not copy, distribute or sublicense any software provided by Charter, except that Subscriber may make one copy of each software program for back up or archival purposes only;
23. End User Licenses
Subscriber agrees to comply with the terms and conditions of all end user license agreements relative to the Internet Service, the Services and any service provided by a Third-Party Provider which Subscriber accesses pursuant to the terms of this Agreement. All such agreements are incorporated in this Agreement by reference. Title and intellectual property rights to the Services are owned by Charter or any third-party provider of service or products or otherwise by the owners of such material and are protected by copyright laws and treaties. The reverse engineering of software, copying, distribution, reselling or publication of any part of the Internet Service, the Services or any service provide by a Third-Party Provider without the written consent of Charter, an applicable Internet third-party provider of service or products, and/or other owner of such material is prohibited.
24. Backup Requirements
The Subscriber understands that it is Subscriber's responsibility to back up all existing computer files by compiling them to another storage medium prior to installation of the Equipment. Charter shall have no liability whatsoever for any damage to or loss or destruction of any of Subscriber's software, files, data, or peripherals.
Charter reserves the right to run virus checks or provide Subscribers with access to virus check software. Subscriber agrees that Charter provides such technology "as is" or "as available" and acknowledges and agrees that Charter does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses.
26. Charter Shall not be Liable for
- Eavesdropping: Any information sent by the Subscriber using the Internet Service 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, including if such actions result in the ability of a third party or individual to eavesdrop on or access such transmitted information.
- Multiple Computer Connections: When Subscriber's Computer is connected to a Internet Modem, it constitutes a "local" segment. All Subscriber's Ethernet traffic on this local segment will be reflected by the Internet Modem in an unencrypted form onto the Internet network and be subject to eavesdropping, as previously described in subsection A above.
- File and Print Sharing: Subscriber understands that users outside the Subscriber's authorized service location may be able to access Subscriber's Computer. Further, some software includes capabilities that permit other users across a network such as Internet Service and the Internet to gain access to the Subscriber's Computer and to the software, files and data stored on the Computer. Subscriber acknowledges, understands and accepts full risk that when using the Computer to access files through means such as FTP (File Transfer Protocol) and HTTP (Hyper Text Transfer Protocol), Subscriber may open access to Subscriber's computer to other Charter Internet Service users and Internet users. If Subscriber chooses to make use of such applications for file retrieval, Subscriber should take the appropriate security measures. Any Subscriber who, chooses to participate in the Internet Service using other than a single, stand-alone Computer connected to the local segment, if and when this capability is offered or chooses to enable capabilities such as file sharing, print sharing or other capabilities that allows users to gain access to Subscriber's Computer, hereby acknowledges and agrees that the Subscriber does so at the Subscriber's own risk.
Users must adhere to Charter's security policies set forth in the Acceptable Use Policy.
Charter reserves the right to protect the integrity of its Network and resources by any means it deems appropriate. This includes but is not limited to: monitoring traffic, port blocking, e-mail virus scanning, denying e-mail from certain domains, and putting limits on bandwidth and e-mail.
Subscriber is solely responsible for any misuse of the Internet Service or the Services, as well as for the security of any device you choose to connect to the Internet Service, including any data stored on that device, all as detailed more fully in the Acceptable Use Policy.
Subscriber is solely responsible for maintaining the security of Subscriber's computer(s), devices and data, including without limitation, encryption of data and protection of Subscriber's identification, password and personal and other data. If Subscriber believes his/her login credentials have been lost or stolen, or that someone has gained access to his/her account or login credentials without Subscriber's permission, please contact us at firstname.lastname@example.org.
There may be content on the Internet or otherwise available through the Internet Service or the Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules.
For example, it is possible to obtain access to content that is pornographic or offensive, particularly for children. Neither Charter nor any Third-Party Providers can assume any responsibility for the content contained on the Internet or otherwise available through the Services. Subscriber must assume the risk of accessing content through the Service, and neither Charter nor any Third-Party Providers shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit or other material on the Internet. Content questions or complaints should be addressed to the content provider.
Subscriber is solely responsible for any information that Subscriber publishes or otherwise distributes using the Services, on the web or on other Internet services. Subscriber must ensure that the recipient of the content is appropriate. For example, Subscriber must take appropriate precautions to prevent minors from receiving inappropriate content. Charter and any Third-Party Providers reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
By using the Internet Service or the Services to publish, transmit or distribute content, a Subscriber is warranting that the content complies with this Agreement and authorizes Charter and all Third-Party Providers to reproduce, publish, distribute, and display such content worldwide.
Subscriber also agrees not to store, distribute or otherwise disseminate any material or content over the Internet Service in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to copyrights. Charter reserves the right to take action at its own discretion and as required by the Digital Millenium Copyright Act, any other applicable Internet laws, rules or regulations, or court order including but not limited to termination of a Subscriber's access to the Internet Service.
28. Electronic Mail
- A. Users must adhere to the Charter's e-mail policies set forth in to the Acceptable Use Policy. Users are not permitted to send bulk-marketing emails, advertisements, or similar commercial email through/via the Internet Service. Subscribers are required to send email of that nature through a mail server on their local system or through a third party service. All mail sent through the Services must comply with Charter's Acceptable Use Policy. Subscribers shall be responsible for compliance with all federal, state and local laws pertaining to commercial email, including CAN-SPAM. Bulk emails that are consistent with CAN-SPAM may still violate this policy if they consume excessive bandwidth or mail server resources. Any violation of this policy can result in termination of the Subscriber's account.
Users should be aware that some networks refuse to accept mail from dynamically assigned IP address blocks. Charter makes no warranty or guarantee that third party networks will accept the User's mail nor is Charter responsible for ensuring continued acceptance of email by third party networks.
- Charter may, at its discretion, provide, offer for sale or subscription, or otherwise make available to Subscribers software or services for e-mail filtering, anti-virus scanning, and other e-mail security solutions for the convenience of Subscribers. Charter shall not be responsible for nor have any liability with regard to the e-mail that Users receive, nor for any lost or filtered e-mail, nor for any failure to prevent virus delivery or infection.
- Subscriber agrees that Subscriber has been informed that Charter's Internet Service includes a filter that blocks, rejects, removes or otherwise diverts commercial mass mailings or other unsolicited bulk email ("spam") from User's inbox. In connection with such filtering, Charter may utilize reputation services consistent with common industry practices in order to identify and filter spam. Subscriber may opt out of certain aspects of this filtering service at any time. Subscriber agrees that Charter shall have no liability for any such filtering activity.
- Charter is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at Charter's sole discretion. Charter reserves the right to reclaim any and all e-mail addresses from Subscribers whose service has been cancelled or terminated, regardless of the reason for such cancellation or termination.
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.
For New York Video Customers. You may elect to resolve a Dispute through the New York Public Service Commission in accordance with NYCRR 16§890.709(a) and NYCRR 16§709(c).
The foregoing arbitration provisions shall survive the termination of this Agreement.
Subscriber understands and agrees that Charter may use "watermarking" techniques to message you about your account, Charter services or for other communication purposes while using the Internet Service. These "watermarks" may appear superimposed from time to time over portions of website pages you visit while using the Internet Service, however, you understand and agree that this in no way indicates Charter's approval of or responsibility for the content of such websites, which are solely the responsibility of the website operators and/or content providers. You further agree that you will not seek to hold Charter responsible in any way for any third party website content or the operation of any third party website accessed via the Internet Service, or for the appearance of a Charter "watermark" over a portion of any website.
32. Violation of Acceptable Use Policy/this Agreement
Charter does not routinely monitor the activity of accounts for violation of this Agreement or the Acceptable Use Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Internet Service.
Neither Charter nor any of its distribution affiliates has any obligation to monitor transmissions made on the Internet Service or the Services. However, Charter and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with these terms and conditions.
You hereby authorize Charter and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Charter providing the username, IP address, or other identifying information about a Subscriber.
Upon termination of an account, Charter is authorized to delete any files, programs, data, and e-mail messages associated with such account.
The failure of Charter or its distribution affiliates to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable Internet law as nearly as possible, and the remaining portions will remain in full force and effect. The terms of this Agreement and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
33. Bandwidth, Data Storage and Other Limitations
Subscriber agrees to comply with Charter's bandwidth, data storage and other limitations of the Internet Service as established and modified by Charter from time to time. Subscriber agrees that its activity will not improperly restrict, inhibit or degrade any other Subscriber's use of Internet Service, nor represent (in the sole judgment of Charter) an unusually large burden on the Network itself. In addition, Subscriber agrees that its activity will not improperly restrict, inhibit, disrupt, degrade or impede Charter's ability to deliver and monitor Internet Service, backbone, network nodes, and/or other Network services. Charter and any Third-Party Provider reserve the right to implement processes to manage, shape, or optimize traffic on its Network.
Charter reserves the right to modify, delete, or otherwise correct any accounts that exceed email account or bandwidth usage limitations as well as the right to modify any related retention periods.
To preserve email you do not want deleted, you can set your email account to ensure that your email is automatically stored on your computer's hard drive when you open it. Please check the Help section or the FAQ on your e-mail client (e.g.., Outlook Express, Eudora) to find out how this can be done. Charter shall not have any liability for erroneously deleted messages.
34. Third-Party Premium Services
Charter's Internet Service may offer additional third-party services to subscribers at no extra cost or for an additional fee. Subscribers agree to the following restrictions pertaining to third party services:
In addition to the Service Terms of Service and Acceptable Use Policy, Subscriber must adhere to the third party's terms and policies to the extent such terms and policies are not inconsistent with the provisions of this Agreement or Charter's Acceptable Use Policy.
- See section 19 for the statement of Charter's and certain third-parties' liability.
- Use of included third party services is limited to Subscribers in good standing. Accounts that are not in good standing are subject to restricted or suspended access to these third party services.
- Abusive use, in Charter's sole opinion of third party services may result in corrective action as outlined in the Acceptable Use Policy.
- Charter does not represent, warrant, or covenant that installation modifications, including installing network cards or similar computer equipment, and modification of computer files such as INI, BAT, SYS, .DLL and other system configuration files will not disrupt the normal operations of the Subscriber's Computer. Charter shall have no liability whatsoever for any damage resulting from the above or other file modifications
- Upon Subscriber's request, Charter or its agents will install certain software, an extra Internet outlet (if necessary), a Internet Modem and associated equipment. Charter will also provide a user's manual and instructions on how to use Charter's Internet Service. If installed by Charter, Charter shall use reasonable efforts to install the Internet Service to a fully operational status.
- All installation services performed by Charter shall be subject to Charter's applicable Internet service charges, if any.
Charter may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. Charter may notify Subscriber of any such changes to this Agreement by posting notice of such changes on Charter's website, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Internet Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using the Internet Service and notify Charter that Subscriber is terminating this Agreement in accordance with Section 14 of this Agreement. Additionally, this Agreement may be superseded by a Charter user subscription agreement subject to your approval, which shall be indicated by your use of the Internet Service described herein.
37. Additional Terms for Other Charter Internet Service Features, Functions and Tools: