Southwestern Cable TV
Road Runner Service Subscriber Agreement
This Agreement is made and entered into this ______ day of 19 , by and
between Time Warner Entertainment-Advance/Newhouse Partnership through
its San Diego Division. doing business as Southwestern Cable TV
(hereinafter referred to as Cable Company), which is in the business
of furnishing cable television and other entertainment, data and
telecommunication services to certain communities in the State of
California, and _______ (hereinafter referred to as Subscriber), whose
address is ______ (hereinafter referred to as the Premises).
Whereas it is the desire of Subscriber to have Road Runner High-Speed
On-Line Cable Modem Service available to its Premises, and
Whereas it is the desire of Cable Company to install and make its Road
Runner High-Speed On-Line Cable Modem Service available at the
Now, therefore, the parties agree as follows:
(a) "Computer" means Subscriber's personal computer that will be used
to access the service. A Computer will need to meet certain minimum
requirements that will be specified by Cable Company.
(b) "Equipment" means the cable modem and any other equipment, if
necessary, to be installed at a Subscriber's Premises, as described
in Section 4a.
(c) "Service" means the Road Runner high speed on-line cable modem
service offered by Cable Company.
(d) "Software" means the computer software licensed by Cable Company
to Subscriber to enable a single Computer to access the Service
through the Equipment, as described in Section 4a.
(e) "Subscriber" means a person who establishes and maintains an
authorized account ("Account") for access to and use of the service.
(a) This Agreement sets 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 this
Agreement, shall be binding on Cable Company.
(b) Cable Company 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 for use of the Service. Either party may terminate this
Agreement at any time, except as described in Extended Service Plans.
(c) Subscriber is responsible for all use of Subscriber's
Account in all circumstances, including under any screen name or
password used by any person. Subscriber will ensure that all use of
Subscriber's Account compiles fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting
the confidentiality of Subscriber's password.
(d) Subscriber represents and warrants that he or she is at least 18
years of age. Subscriber may, at their discretion, permit minors to
use the Service under adult supervision.
(e) Transfer of the Service to any other person, or to new residence,
(f) Subscriber agrees that Equipment and Software is installed
at a residential location, and that Service use is limited to
non-commercial applications only. Commercial use of Service, or
installation outside of a residential location is prohibited, and is
available only under separate Service Agreement. Cable Company
reserves the right to adjust billing rates and fees retroactively if
the Equipment and Software is utilized for a commercial
(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. Service charges will be billed monthly in advance, and are
payable on the due date specified on the bill.
(b) An administrative late charge will be charged on accounts 30 days
past due. There will be only one such administrative charge for each
month's charges not paid when due.
(c) A Subscriber who discontinues the Service, will be required to pay
all current and past due balances. If the Subscriber reconnects the
Service, a reconnect charge or trip charge (where applicable) will
(d) Cable Company will 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 attorney's fees) incurred by Cable Company in collecting
any past due amounts owed by Subscriber, in accordance with this
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,
and (2) license of the Software. Connection of additional Computers to
the Equipment my require payment of additional charges.
(b) Cable Company will install the Equipment. Cable Company may
request permission to access Subscriber's Premises to gain access to
Subscriber's equipment periodically during the term of this Agreement
to install, connect, inspect, maintain, repair of alter the Equipment,
or to disconnect and remove the Equipment.
(c) Connection to the Service requires installation of software and an
approved ethernet network interface card in the Subscriber's
Computer. Cable Company may appoint a Third Party computer technician
who will be responsible for this installation. Cable Company will
assume no responsibility or liability for Subscriber's computer,
hardware, software, or data, directly or indirectly related to this
(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 Cable Company
personnel to enter the Premises for the purposes described in Section
(i) The installed Equipment is and at all times shall remain
the sole and exclusive property of Cable Company, and Subscriber shall
acquire no interest therein by virtue of the payments provided for
herein or otherwise. Subscriber will not open, alter, misuse, tamper
with or remove the Equipment as and where installed by Cable Company,
and will not remove any markings or labels from the Equipment
indicating Cable Company ownership. Subscriber will safeguard the
Equipment from loss or damage of any kind, and will not permit anyone
other than an authorized representative of Cable Company to perform
any work on the Equipment.
(ii) Upon termination of the Service, for whatever reason,
Subscriber acknowledges that the right to possess and use the
Equipment shall likewise terminate In such event, the Equipment shall
be returned to Cable Company in the same condition as when received
ordinary wear and tear excepted. If the foregoing conditions are met,
Cable Company will return Subscriber's security deposit, if any,
within 30 days of receipt of said equipment.
(iii) If the Equipment is damaged, destroyed, lost or stolen
while in the Subscriber's possession, Subscriber shall be liable for
the cost of repair or replacement of the Equipment. If the Equipment is
not returned to Cable Company as described in Section 4.e.iii. upon
termination of the Service, Subscriber will pay Cable Company the sum
of Five Hundred Dollars ($500.00) representing the replacement cost
of the Equipment without any deduction for depreciation, wear and tear
or the physical condition of such Equipment. Cable Company 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 before service can be reconnected.
(i) Cable Company grants to the Subscriber a limited,
non-exclusive license to use the Software, in object code form only,
solely for the purpose of connecting the 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 2d. This license will commence upon acceptance of
Subscriber's subscription for Service and will terminate immediately
upon termination of the Service to Subscribe for any reason. Cable
Company retains all right 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, 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
(iii) Subscriber will return or 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) that is unlawful, threatening, abusive, obstructive,
harassing, deflamatory, invasive of privacy or publicity rights,
vulgar, obscene, or profane that encourages conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any law, or that, without Cable Company's prior
written approval, contains advertising or any solicitation with
respect to products or services.
(b) The Service contains copyrighted material, trademarks and other
proprietary information, and the entire contents of the Service are
copyrighted as collective work under the United States copyright
laws. Subscriber may download copyrighted material solely for
Subscriber's personal use. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, publication or
commercial exploitation of download material will be permitted without
the express prior written consent of Cable Company 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. Subscriber may download public domain materials
for Subscriber's own use or non-commercial distribution.
(c) Subscriber shall not upload, post or otherwise make available on
the Service any material protected by copyright, trademark 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. Subscriber hereby grants Cable Company the right to edit,
copy, publish and distribute any material made available on the
Service by Subscriber, including, but not limited to, postings to chat
services, forums, and bulletins boards on the Service.
(d) The provisions of this Section 5 are for the benefit of Cable
Company, its affiliates and its third party content or information
service providers and licensors, and each shall have the right to
assert and enforce such provisions directly on its own behalf.
6. Service and Repairs
Cable Company will repair its faulty Equipment, modify Software, and
attempt to correct interruptions of Service, due to reasonable
Equipment wear and tar or technical malfunction, at Cable Company's
expense. Other repair or replacement will be at Subscriber's expense
under section 4.e.iii.
7. Service Interruptions: Force Majeure
In the event of complete failure of 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. Cable Company shall have no liability, including as
set forth in this Section 7, for interruption of Service due to
circumstances beyond its control, including without limitations, acts of
God, natural disaster, regulation or governmental acts, fire, civil
disturbance, strike or weather.
8. Disclaimer of Warranty: Limitation of Liability
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S
SOLE RISK. NEITHER CABLE COMPANY, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT OR INFORMATION
SERVICE PROVIDERS OR LICENSORS 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, SERVER OR
MERCHANDISE PROVIDED THROUGH THE SERVICE. CERTAIN CONTENT MAY BE
OBJECTIONABLE AND SUBSCRIBERS MUST EXERCISE THEIR OWN DISCRETION WHEN
ALLOWING MINOR TO USER THE SERVICE.
CABLE COMPANY DOES NOT ENDORSE OR WARRANT, AND SHALL NOT BE
RESPONSIBLE IN ANY REGARD FOR, ANY MERCHANDISE OR SERVICE ORDERED
THROUGH THE SERVICE FROM THIRD PARTIES OR OTHER COMMERCIAL
TRANSACTIONS WITH THIRD PARTIES. SUBSCRIBER SHALL BE RESPONSIBLE FOR
ALL SUCH CHARGES AND SHALL INDEMNIFY CABLE COMPANY 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 EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES THAT ARE IMPLIED AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
NEITHER CABLE COMPANY NOR ITS AFFILIATES 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 AS EXPRESSLY PROVIDED IN SECTION 7, IN NO EVENT (INCLUDING
NEGLIGENCE) WILL CABLE COMPANY OR ITS AFFILIATES, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THERE SERVICE
(INCLUDING THE CONTENT INCLUDED THEREIN OR THE INFORMATION SERVICES
ACCESSED THEREBY), THERE EQUIPMENT OF THE SOFTWARE, BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USER OF OR INABILITY TO USE THE SERVICE OR OUT OF
THE BREACH OF ANY WARRANTY.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THE SECTION 8
SHALL APPLY TO ALL CONTENT OR INFORMATION SERVICES INCLUDED IN, OR
ACCESSIBLE THROUGH, THE SERVICE, AND ARE FOR THE BENEFIT OF CABLE
COMPANY, ITS AFFILIATES, THIRD PARTY CONTENT AND INFORMATION SERVICE
PROVIDERS AND ITS SUPPLIERS, AND THEIR RESPECTIVE EMPLOYEES AND AGENTS
(EACH OF WHICH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THE
PROVISIONS OF THIS SECTION 8 DIRECTLY ON ITS OWN BEHALF).
Cable Company shall have the right, but not the obligation, to monitor
the content of the Service, including chat rooms, bulletin boards and
forums, in order to determine compliance with this Agreement and any
operating rules established by Cable Company. Cable Company will have
the right, in its sole discretion, to edit, refuse to post or remove
any material submitted to or posted on the Service. Without limiting
the foregoing, or Cable Company right under Section 2, Cable Company
shall have the right to remove any material that Cable Company, in its
sole discretion, finds to be in violation of the provision hereof or
any operating rules established by Cable Company hereafter, or
otherwise to be circumstances, however, does or will Cable Company
undertake any obligation to review or determine the accuracy of any
Subscriber postings. Subscriber shall be responsible for and shall
indemnify Cable Company for any liability resulting from Subscriber's
postings, including for defamation, copyright, trademark or other
proprietary right infringement, or otherwise.
Subscriber agrees to defend, indemnify and hold harmless Cable
Company, its affiliates and third party content and information
service providers and their respective officers, directors, employees
and agents, from and against all claims and expenses, including
attorney's fees arising out of the use of the Service by Subscriber or
otherwise arising out of the use of Subscriber's Account.
Subscriber's privacy interests, including Subscriber's ability to
limit disclosure of certain information to third parities, are
safeguard by provisions of the Cable Communications Policy Act of
1984, as amended. Subscriber's right under the foregoing law, and
Cable Company's privacy practices, are described in the Subscriber
Privacy Notice delivered to Subscriber and incorporated by
reference. Subscriber acknowledges receipt of the Subscriber Privacy
This Agreement and any operating rules for the Service established by
Cable Company 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 mater; provided that any other
subscription or customer agreement relating to Subscriber's cable
television service with Cable Company shall remain in full force and
effect. Acceptance of Service shall constitute acceptance of the
terms and conditions herein. In the event that any portion of the
Agreement 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 the Agreement shall
remain in full force and effect. No waiver by either party of any
breach or default shall be deemed to be a waiver of any preceding of
subsequent breach or default.
ACKNOWLEDGED AND ACCEPTED:
Time Warner Entertainment-Advance/Newhouse Partnership
through its San Diego Division
doing business as Southwestern Cable TV
Signature: Subscriber Signature:
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