Road Runner High Speed Online Road Runner is a Time Warner Service
TIME WARNER CABLE
ROAD RUNNER CUSTOMER AGREEMENT
1.Definitions.
"Computer" means Customer's personal computer that will be used to access the Service. A Computer will need to meet centain requirements that will be specified by Time Warner Cable. "Equipment" means the cable modems and any other equipment, if necessary, to be installed at a Customer's premises, as described in Section 4.a. "Service" means the RoadRunner online service offered by Time Warner Cable. "Software" means the computer software licensed by Time Warner Cable to Customer to enable a single Computer to access the Service through the Equipment, as described in Section 4.a. "Customer" means a person who establishes an authorized account ("Account") for access to and use of the Service.
2. General.
(a) This Agreement sets forth the terms and conditions which apply to the use of the Service by Customer. No representation, warranty, term or condition, other than as specifically set forth in this Agreement, shall be binding on Time Warner Cable.
(b) Time Warner Cable shall leave the right at any time to change or discontinue any aspect or feature of the Service, including but not limited to content, hours of availability, and equipment needed for access to and use of the Service. Either Time Warner Cable or Customer may terminate service at any time.
(c) Customer is responsible for all use of Customer's Account in all circumstances including under any screen name or password by any person. Customer will ensure that all use of Customer's Account complies fullv with the provisions of this Aareement. Customer shall be responsible for protecting the confidentiality of Customer's passwords.
(d) Customer represents and warrants that he or she is at least 18 years of age. Customers may, at their discretion, penmit minors to use the Service under adult supervision.
(e) Transfer of the Account to any other person, or to a new residence, is prolubited.
(f) Time Warner Cable will install all eqaipinent and software necessary to provide service to a single computer The computer shall in no event be a server or routing or networking device.
3. Charges.
(a) Customer agrees to pay for the Service that he or slie has subscribed for; including applicable charges for installation and all applicable local, state or federal fees or taxes. Montlily charges for the Service are set forth on a separate price list and are subject to change in the future. Service charges will be billed monthly in advance and are payable on the due date specified on the bill.
(b) An administrative late charge may be charged on accounts 30 days past due. There will be only one such adininistrative charge for each month's charges not paid when due.
(c) If Customer discontinues the Service he/she will be required, in addition to payment of all overdue balances, to pay a reconnect charge or trip charge (where applicable) before reconnection.
(d) Time Wanier Cable may charge a service fee for all retumed checks and bank card or charge card charge backs.
(e) Customer will be responsible for all expenses (including reasonable attomeys' fees) incurred by Time Warner Cable in collecting any amounts due in accorduice with this Agreement and unpaid by Customer.
4. Equipment and Software.
(a) The charges for tlie Service include (1) rental of a cable modem and other equipment, if necessary, to be installed at the Customer's premises (the "Equipment") to permit connection of a single Computer to the Service, and (2) license of the Software. Connection of additional Computers may require payment of additional charges.
(b) Time Warner Cable will install the Equipment. Software will be installed by an authorized computer dealer selected by Time Warner Cable. Time Warner Cable may enter Customer's premises and have access to Customer's Computer periodically during the term of this Agreement to install, connect, inspect, maintain, repair or alter the Equipment or associated hardware or the Software, or to disconnect and remove the Equipment.
(c) If Customer is not the owner of the premises upon which Equipment and Software are to be installed, Customer warrants that he/she has obtained the consent of the owner of the preiruses torTime Warner Cable personnel to enter the premise for the purposes described in Section 4.b).
(d) Equipment.
(i) The Equipment is and at all times shall remain the sole and exclusive property of Time Warner Cable, and Customer shall acquire no interest therein by virtue of the payments provided for herein or otherwise. Customer will not open, alter; misuse, tamper with or remove the Equipment as and where installed by Time Warner Cable, and will not reinove any markings or labels from the Equipment indicating Time Warner Cable ownersliip. Customer will safeguard the Equipment from loss of damage of any kind and will not permit anyone other than an authorized representative of Time Warner Cable to perform any work on the Equipment.
(ii) Upon terinination of the Service, for whatever reason, Customer acknowledges that his/her right to possess and use the equipment shall likewise terminate. In such event, the Equipment shall be retured to Time Wamer Cable in the same condition when received, ordinary wear and tear excepted. If the foregoing condition are met, Time Warner Cable will retum to Customer his/her security deposit, if any, within a reasonable time thereafter.
(iii) If the Equipment is damaged, destroyed, lost or stolen while in Customer's possession, Customer shall be liable for the cost of repair or replacenient of the Equipment. If the Eqtiipment is not retumed to Time Wamer Cable as described in Section 4.d.ii upon tennination of the Service, Customer will pay Time Wamer Cable the sum of Five Hundred Dollurs ($500.00) representing the replacement cost of the Equipment without any deduction for depreciation, wear and tear or the physical cotidition of such Equipment. Time Warner Cable may apply any security deposit to any such obligation of Customer, and collect any remaining balance from Customer. In the event any amount is deducted from the security deposit, the Customer must replace the amount so deducted. If the Customer has paid by credit card, Time Warner Cable shall have the right to charge Customer's account for any cost of repair or replacement of equipment,
(e) Software.
(i) Time Warner Cable grants to the customer a limited, non-exclusive license to use the Software in object code form only, solely for the purpose of connecting Customer's single Computer to the Service. This License will permit such use by Customer and any person authorized by Customer to use the Account, under any password or screen name, provided that Customer shalt be respoisible for all use of the Account as described in Section 2.d. This license will commence upon acceptance of Customer's subscription for Service and will temlinate immediately upon termination of the Service to Customer for any reason. Time Warner Cable retains all rights and interests in and to the Software.
(ii) Customer is permitted to archive the Software, provided that all such copies contain the same copyright notices and proprietary markings as the original Software. Customer 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 prohibited.
(iii) Customer will destroy all Software and any related written material together with any copies promptly upon temination of the Service to Customer for any reason.
5. Customer Conduct.
(a) Customer shall use the Service for lawful purposes only. Customer shall not post or transmit through the Service any material (includiug any message or series of messages) that violate or infringes in any way upon the rights of others (includiug copyriglit), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without Time Warner Cable'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 Serviec are copyrighted as a collective work under the United States copyriglit laws. Customer may download copyrighted material solely for Customer's personal use. Except as Otherwise expressly permited without copyright law, no copying, redistribution, publication or commercial exploitation of download matetial will be permitted without the express prior written consent of Time Wanier Cable and, where applicable, the third party copyright owner. In the event of my permitted copying, redistribution or publication of copyrighted material, no change in or deletion of author attribution or copyright notice shall be made. Customer may download public domain materials for Customer's own use or non-commercial distribution.
(c) Customer 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. Customer 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. Customer hereby grants Time Warner Cable the right to edit, copy, publish and distribute any material made available on the Service by Customer (including postings to chat services, forums, and bulletin boards on the Service).
(d) The provisions of this Section 5 are for the benefit of Time Wanier Cable, its affiliates and its third party content or inforutation 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.
Time Warner Cable will repair damage to Fquipment, modify Software, and attempt to correct interruptions of Service, due to reasonable Equipment wear and tear or technical malfunction, at Time Warner Cable's Expense. Other repair or replacement will be at Customer's expense under Section 4.diii.
7. Service Interruptions: Force Majeure.
In the event of complete failure of Service due to techiucal malfunction for twenty-four (24) consecutive hours or more, Customer is entitled to a prorated credit upon request. To qualify for an adjustment, Custoiner must request a credit within thirty (30) (days of the failure. Time Warner Cable shall have no liability, including as set forth in this Section 7, for interruption of Service due to circumstances beyond its control, including without limitation, acts of God, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
8. Disclaimer of Warranty: Limitation of Liability.
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK, NEITHER TIME WARNER CABLE, 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 TIlE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. CERTAIN CONTENT MAY BE OBJECTIONABLE AND CUSTOMERS MUST EXERCISE THEIR OWN DESCRETION WHEN ALLOWING MINORS TO USE THE SERVICE.
TIME WARNER CABLE DOES NOT ENDORSE OR WARRANT AND SHALL NOT BE RESPONSIBLE IN ANY REGARD FOR, ANY MERCHANDISE OR SERVICES ORDERED THROUGII THE SERVICE FROM THIRD PARTIES OR OTHER COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. CUSTOMER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL INDEMNIFY TIME WARNER CABLE FOR ALL LIABILI.I'Y 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 OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
NEITHER TIME WARNER CABLE NOR ITS AFFILIATES NOR ANY OF ITS SUPPLIERS SHALL HAVE ANY RESPONSIBIIATY OR LIABILITY WITH REGARD TO THE OPERATION OR REPAIR OF CUSTOMER'S COMPUTER, OR FOR ANY LOSS OF DATA BY CUSTOMER, HOWEVER CAUSED.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7, IN NO EVENT (INCLUDING NEGLIGENCE) WILL TIME WARNER CABLE OR ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TIlE SERVICE (INCLUDING THE CONTENT INCLUDED THERIN OR THE INFORMATlON SERVICES ACCESSED THEREBY), THE EQUIPMENT OR TIlE SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION 8 SHALL APPLY TO ALL CONTENT OR INFORMATION SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICE, AND ARE FOR THE BENEFIT OF TIME WARNER CABLE, ITS AFFILIATES, THIRD PARTY CONTENT AND INFORMATION SERVICE PROVIDERS AND ITS SUPPLIERS, AND THEIR RESPECTIVE EMPLOYEES AND AGENTS (EACH OF WHICH SHALL HAVE THE RIGIIT TO ASSERT AND ENFORCE THE PROVISIONS OF THIS SECTION 8 DIRECTLY ON ITS OWN BEHALF).
9. Monitoring.
Time Warner Cable shall have the right, but not the obligation, to monitor the content of the Service, includirig chat rooms, bulletin boards aud forums, in order to detennine compliance with this Agreement and any operating rules established by TimeWamer Cable. Time Warner Cable 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 TimeWarner Cable's rights under Section 2, Time Warner Cable shall have the right to remove any material that Time Warner Cable, in its sole discretion, finds to be in violation of the provisions hereof or any operating rules established by Time Warner Cable hereafter, or otherwise to be objectionable (including without limitation indecent or obscene words or material; obstructive or disruptive communications; epithets and the like). Under no circunistances, however, does or will Time Warner Cable undertake any obligation to review or determine the accuracy of any Customer postings. Customer shall be responsible for and shall indemnify Time Warner Cable for any liability resulting from Customer's postings, including for defamation, copyright, trademark or other proprietary right infringement, or otherwise.
10. lndemnification.
Customer agrees to defend, indemnify and hold harmless Time Warner Cable, its affiliates and third party content and information service providers arid their respective ofticers, directors, employees and agents, from and against all claims and expenses, iticludiug attorneys' fees, arising out of the use of the Service by Customer or otherwise arisiug out of the use of Customer's Account.
11. Notifications.
Customer's privacy interests, including Customer's ability to limit disclosure of certain inforniation to third parties, arc safeguarded by provisions of the Cable Communications Policy Act of 1984, as amended. Customer's rights under the foregoitig law, and Time Warner Cable's privacy practices, are described in the Subscriber Privacy Notice delivered to Customer and incorporated by reference. Customer acknowledges receipt of the Subscriber Privacy Notice.
12. Miscellaneous.
This Agreement, the work order being entered into between the parties concurrently herewith, and any operating rules for the Service established by Time Warner Cable now or hereafter, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter; provided that any other subscription or customer agreement relating to Customer's cable television service with Time Warner Cable shall remain in full force and effect. Acceptance of Service shall constitute acceptance of the terms and conditions herein. In the event that any portion of this Agreement to be invalid or unenforceable, the invalid or unenforceble portion shall be construed in accordance with applicable law as nearlv as possible to reftect the original intentions of the Parties as set forth herein. and the remainder of this Aggreement shall remain ini full force and effect. No waiver bv either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
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