Our Policies

Agreement for Residential Services


Spectrum Agreement for Residential Services

Updated December, 2016

The account holder(s) referred to on the accompanying Spectrum Work Order or statement (“I,” “me” or “my”) agrees that the Work Order, this Agreement with Bright House Networks’ parent, Charter Communications Operating, LLC and the respective subsidiaries providing you the services (“Spectrum”, “we”, “us”, or “our”), the Terms of Use referred to below, the WiFi Service Terms of Use, and any applicable Tariff(s) on file with the state utility commission or comparable state agency in the jurisdiction in which I live, set forth the terms and conditions that govern my receipt of Services from Spectrum, which may include, among others, video, high-speed data and voice Services. The term “Services” and all other capitalized terms used in this Agreement are defined in Section 15.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE, WHICH SAYS THAT YOU AND SPECTRUM AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS PART OF THE AGREEMENT. SEE SECTION 14.

In consideration of Spectrum’s provision of the Services that I have requested, subject to applicable law, I AGREE AS FOLLOWS:

1. Important Information About This Agreement

  1. This Agreement, the Work Order, the Terms of Use, the WiFi Service Terms of Use and any effective and applicable Tariff(s), each of which Spectrum may amend as set forth below, constitute the entire agreement between Spectrum and me. This Agreement supersedes all previous written or oral agreements between Spectrum and me. I am not entitled to rely on any oral or written statements by Spectrum’s representatives relating to the subjects covered by these documents, whether made prior to the date of my Work Order or thereafter, and Spectrum will have no liability to me except in respect of its obligations as described in this Agreement and the other documents referred to above. The use of my Services by any person other than me is also subject to the terms of this Agreement, the Terms of Use, the WiFi Service Terms of Use and any applicable Tariff(s).

  2. Spectrum has the right to add to, modify, or delete any term of this Agreement, the Terms of Use, the WiFi Service Terms of Use the Subscriber Privacy Notice or any applicable Tariff(s) at any time. An online version of this Agreement, the Terms of Use, the WiFi Service Terms of Use, the Subscriber Privacy Notice and any applicable Tariff(s), as so changed from time to time, will be accessible at http://brighthouse.com/ or another online location designated by Spectrum, or can be obtained by calling my local Spectrum office. The online versions of these documents are always the most current versions.

  3. Spectrum will notify me of any significant change(s) in this Agreement, the Terms of Use, the WiFi Service Terms of Use, the Subscriber Privacy Notice, any applicable service plan, or any applicable Tariff(s). Any changes will become effective at such time as we update the on-line version of the relevant document, except where applicable law requires a notice period, in which case the change will become effective at the end of the requisite notice period. Upon effectiveness of any change to any of these documents, my continued use of the Services will constitute my consent to such change and my agreement to be bound by the terms of the document as so changed. If I do not agree to any such change, I will immediately stop using the Services and notify Spectrum that I am terminating my Services account.

  4. My acceptance of Services constitutes my acceptance of the terms and conditions contained in this Agreement. In the event that a portion of my Services is terminated, or any aspect of it is changed, any remaining service or replacement service will continue to be governed by this Agreement.

2. Payment; Charges

  1. I agree to pay Spectrum for (i) all use of my Services, (ii) installation and applicable service charges, (iii) Spectrum Equipment, and (iv) all applicable local, state and federal fees and taxes. Charges for the Services that I receive have been provided to  me. Other charges are set forth on a separate price list that I have received and/or can be provided on request. I will be billed monthly in advance for recurring monthly charges. Other charges will be billed in the next practicable monthly billing cycle following use, or as otherwise specified in the price list. Spectrum may change both the fees and the types of charges (e.g., periodic, time-based, use-based) for my Services. If I participate in a promotional offer that requires a minimum time commitment and I terminate early, I agree that I am responsible for any early termination fees that were described to me at the commencement of such promotion. I understand that if I receive Services on a promotional or discounted plan, my rates will increase to standard rates for such Services at the end of the promotional or discount period.

  2. Charges for installation Services and related equipment available from Spectrum for a standard Services installation may be described in Spectrum’s list of charges and any applicable Tariff(s) and/or can be provided on request. Non-standard installations, if available, may result in additional charges as described in Spectrum’s list of charges. In addition, I agree to pay charges for repair service calls resulting from my misuse of Spectrum Equipment or for failures in equipment not supplied by Spectrum.

  3. If my Services account is past due and Spectrum sends a collector to my premises, a field collection fee may be charged. The current field collection fee is on the price list or can be provided on request. I will also be responsible for all other expenses (including reasonable attorneys’ fees and costs) incurred by Spectrum in collecting any amounts due under this Agreement  and not paid by me.

  4. All charges are payable on the due date specified, or as otherwise indicated, on my bill. I agree that late charges may be assessed if my account is past due. My failure to deliver payment by the due date is a breach of this Agreement. The current late fees are on the price list or can be provided upon request and, if applicable, will not exceed the maximum late fees as set forth by applicable law. Spectrum reserves the right to change the late fees. If your Services are suspended for failure to pay amounts you owe us, or for violating this Agreement, you may be charged for the relevant Services during the suspension for  a period up to 72 hours and you may be charged a fee to have your Services restored.

  5. I agree that if my Services account with Spectrum is past due, Spectrum may terminate any of my Services or accounts, including Home Phone Service, in accordance with applicable law. If I have a credit due to me or a deposit is being held on  any account with Spectrum, I agree that the credit or deposit may be used to offset amounts past due on any other account I may have with Spectrum without notice to me. To reconnect any terminated Services, I may be required, in addition to  payment of all outstanding balances on all accounts with Spectrum, to pay reconnect charges or other charges (where applicable) and/or security deposits before reconnection.

  6. Spectrum may verify my credit standing with credit reporting agencies and require a deposit based on my credit standing or other applicable criteria. Spectrum may require a security deposit, or a bank or credit card or account debit authorization from me as a condition of providing or continuing to provide Services. If Spectrum requires a security deposit, the obligations of Spectrum regarding such security deposit will be governed by the terms of the deposit receipt provided by Spectrum to me at the time the deposit is collected. I agree that Spectrum may deduct amounts from my security deposit, bill any bank or credit card submitted by me, or utilize any other means of payment available to Spectrum, for any past due amounts payable by me to Spectrum, including in respect of damaged or unreturned Spectrum Equipment.

  7. If I have elected to be billed by credit card, debit card or ACH transfer, I agree that I will automatically be billed each month for any amounts due under this Agreement. If I make payment by check, I authorize Spectrum and its agents to collect this item electronically.

  8. Spectrum may charge fees for all returned checks and account debit, bank card or charge card chargebacks. The current return/chargeback fees are listed in the list of charges on the price list or can be provided on request. Spectrum reserves the right to change return/chargeback fees.

  9. If I subscribe to HSD Service, I agree that Spectrum may bill any bank or credit card submitted by me, or utilize any other means of payment available for any past due amounts payable by me to Spectrum.

  10. All use of my Services, whether or not authorized by me, will be deemed my use and I will be responsible in all respects for all such use, including for payment of all charges attributable to my account (e.g., for VOD movies, , international long distance charges, etc.). Spectrum is entitled to assume that any communications made through my Services or from the location at which I receive the Services are my communications or have been authorized by me, and I authorize you to provide any Services to the person making such communications. My Services may contain or make available information, content, merchandise, products and Services provided by third parties and for which there may be charges payable to third parties. I agree that all such charges incurred by me or attributed to my account will be my sole and exclusive responsibility and agree  to pay the same when due, and shall indemnify and hold harmless the Spectrum Parties for all liability for such charges. I agree that Spectrum is not responsible or liable for the quality of any content, merchandise, products or Services (or the price thereof) made available to me via the Services, for the representations or warranties made by the seller or manufacturer of any such item, or for damage to or injury, if any, resulting from the use of such item.

  11. I acknowledge that currently, and from time to time, there is uncertainty about the regulatory classification of some of the Services Spectrum provides and consequently, uncertainty about what fees, taxes and surcharges are due from Spectrum and/or its customers. Accordingly, I agree that Spectrum has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, and/or to pay and pass them through to me, including any government imposed fees and taxes that become applicable retroactively. I further agree to waive any claims I may have regarding Spectrum’s collection or remittance of such fees, taxes and surcharges. I further understand that I may obtain a list of the fees, taxes and surcharges that my local Spectrum office currently collects or passes through by contacting Spectrum directly.

  12. I agree that it is my responsibility to report Spectrum billing errors within 30 days from receipt of the bill so that service levels and all payments can be verified. If not reported within 30 days, the errors are waived.

  13. I agree that Spectrum has no obligation to notify me of, or change my rate to reflect, offers it may make to consumers that contain different prices for Services (or packages of Services) that are the same as, or similar to, the Services I receive.

3. Installation; Equipment and Cabling

  1. If I am not the owner of the house, apartment or other premises upon which Spectrum Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for Spectrum personnel and/or its agents to enter the premises for the purposes described in Section 3(d). I agree to indemnify and hold the Spectrum Parties harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs  and reasonable attorneys’ fees).
  2. I authorize Spectrum to make any preparations to the premises necessary for the installation, maintenance, or removal of equipment. Spectrum shall not be liable for any effects of normal Services installation and workmanship, such as holes in  walls, etc., which may remain after installation or removal of the Spectrum Equipment, except for damage caused by negligence on the part of Spectrum.
  3. The Spectrum Equipment is and at all times shall remain the sole and exclusive personal property of Spectrum, and I agree that I do not become an owner of any Spectrum Equipment by virtue of the payments provided for in this Agreement or the Tariff(s) or the attachment of any portion of the Spectrum Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, Spectrum may, but shall not be obligated to, retrieve any associated Spectrum Equipment not returned by me as required under Section 3(f) below. Spectrum will not be deemed to have “abandoned” the Spectrum Equipment if it does not retrieve such equipment.
  4. I agree to provide Spectrum and its authorized agents access to my premises during regular business hours upon reasonable notice during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace, alter or disconnect or remove the Spectrum Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that Spectrum may have reasonable access to easements and Spectrum Equipment located on my grounds.
  5. Spectrum shall have the right to upgrade, modify and enhance Spectrum Equipment and Software from time to time through “downloads” from Spectrum’s network or otherwise.
  6. If the Services are terminated, I agree that I have no right to possess or use the Spectrum Equipment related to the terminated Services. As required under Section 10(b), I agree that I must arrange for the return of Spectrum Equipment to Spectrum, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Spectrum Equipment or schedule with Spectrum for its disconnection and removal, Spectrum may enter any premises where the Spectrum Equipment may be located for the purpose of disconnecting and retrieving the Spectrum Equipment. I will pay any expense incurred by Spectrum in any retrieval of the unreturned Spectrum Equipment. Spectrum  may charge me a continuing monthly fee until any outstanding Spectrum Equipment is returned, collected by Spectrum or fully paid for by me in accordance with Section 3(g). The current fee is listed in the list of charges on the price list or can be  provided on request.
  7. I agree to pay Spectrum liquidated damages in the amount demanded by Spectrum, but not to exceed that specified in the then-current manufacturer’s price list for the replacement cost of the Spectrum Equipment without any deduction for depreciation, wear and tear or physical condition of such Spectrum Equipment if (i) I tamper with, or permit others to tamper with, Spectrum Equipment, (ii) the Spectrum Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the Spectrum Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such damage. I agree that these liquidated damages are reasonable in light of the problem of theft of cable Services; the existence of a “black market” in Spectrum Equipment; the ability of third parties to steal Services with unlawfully obtained Spectrum Equipment, causing loss of revenues for installation and service fees; and the difficulty in determining the actual damages that arise from the unauthorized tampering with, loss, destruction, or theft of Spectrum Equipment. I agree to return any damaged Spectrum Equipment to Spectrum.
  8. I agree that Spectrum may place and use Spectrum Equipment, cable wiring, connectors, mounting hardware and other facilities on my premises to facilitate the provision of Services to me and to other users and locations in my area. The license granted under this Section 3(h) will survive the termination of this Agreement until the date that is one year from the date on which I first notify Spectrum in writing that I am revoking such license.
  9. I agree to provide all necessary electrical power to any Spectrum Equipment and other hardware and facilities on my premises used by Spectrum and that I am solely responsible for the cost of such electrical power.

4. Use of Services; Spectrum Equipment and Software

  1. I agree that Spectrum has the right to add to, modify, or delete any aspect, feature or requirement of the Services (including content, price, equipment and system requirements). I further agree that my ISP (and, if applicable, OLP) has the right to add to, modify, or delete any aspect, feature or requirement of the HSD Service (including content, price and system requirements). If Spectrum changes its equipment requirements with respect to any Services, I acknowledge that I may not be able to receive such Services utilizing my then-current equipment. Upon any such change, my continued use of Services will constitute my consent to such change and my agreement to continue to receive the relevant Services, as so changed,  pursuant to this Agreement, the Terms of Use, the WiFi Service Terms of Use, and the Tariff(s). If I participate in a promotional offer for any Service(s) that covers a specified period of time, I agree that I am assured only that I will be charged the promotional price for such Service(s) during the time specified. I agree that Spectrum shall have the right to add to, modify, or delete any aspect, feature or requirement of the relevant Service(s), other than the price I am charged, during  such promotional period.

  2. I agree that the Services I have requested are residential Services, offered for reasonable personal, non-commercial use only. I will not resell or redistribute (whether for a fee or otherwise) the Services, or any portion thereof, or charge others to use the Services, or any portion thereof. Among other things:

    1. If I receive Video Service, I agree not to use the Services for the redistribution or retransmission of programming or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of the Services to transmit or distribute the Video Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose. I acknowledge that programs and other materials that I receive as part of the Video Service remain part of the Video Service even if I record or capture all or a portion of any such program or material in a data file or on a hard drive, DVR or similar device. If Spectrum determines in its sole discretion, that your use of the Video Service is excessive or in violation of this Agreement or not typical of a residential user of the Service, we reserve the right (i) immediately and without notice to terminate or modify your Video Service or (ii) assess additional charges for each month in which any excessive usage occurred. I acknowledge that Spectrum reserves the right at any time and in its sole discretion to change its channel lineup and/or to preempt specific programs or parts of programs previously advertised  as available.

    2. If I receive Home Phone Service, I agree not to use the Services for telemarketing, call center, medical transcription, auto-dialing, continuous or extensive call forwarding, or facsimile broadcasting Services or for any enterprise purpose whether or not the enterprise is directed toward making a profit, or for any other use that results in excessive usage inconsistent with normal residential calling patterns. I agree that, among other things, my use of the Services to make available my Home Phone Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose. If Spectrum determines in its sole discretion, that your use of the Home Phone Service is excessive or in violation of this Agreement or not typical of a residential user of the Service, we reserve the right (i) immediately and without notice to terminate or modify your Home Phone Service or (ii) assess additional charges for each month in which any excessive usage occurred.

    3. If I receive HSD Service, I agree not to use the HSD Service for operation as an Internet service provider, for the hosting of websites (other than as expressly permitted as part of the HSD Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of any form of transmitter or wide area network that enables persons or entities outside the location identified in the Work Order  to use my Services, whether or not a fee is sought, will constitute an enterprise purpose. Furthermore, if I use a wireless network within my residence, I will limit wireless access to the HSD Service (by establishing and using a secure password or similar means) to the members of my household. If Spectrum determines in its sole discretion, that your use of the HSD Service is excessive or in violation of this Agreement or not typical of a residential user of  the Service, we reserve the right (i) immediately and without notice to terminate or modify your HSD Service or (ii) assess additional charges for each month in which any excessive usage occurred.

  3. Theft or willful damage, alteration, or destruction of Spectrum Equipment, or unauthorized reception, theft or diversion of Services, or assisting such theft, diversion, or unauthorized reception is a breach of this Agreement and potentially punishable under law (including by way of statutory damages, fine and/or imprisonment). Nothing in this Agreement, including, Section 3(g) above, shall prevent Spectrum from enforcing any rights it has with respect to theft or unauthorized tampering of Services or Spectrum Equipment under applicable law.

  4. I will not, nor will I allow others to, open, alter, misuse, tamper with or remove the Spectrum Equipment as and where installed by Spectrum or use it contrary to this Agreement, the Terms of Use, or the Tariff(s). I will not, nor will I allow others to, remove any markings or labels from the Spectrum Equipment indicating Spectrum ownership or serial or identity numbers. I will safeguard the Spectrum Equipment from loss or damage of any kind, including accidents, breakage or house fire, and will not permit anyone other than an authorized representative of Spectrum to perform any work on the Spectrum Equipment.

  5. I agree that to the extent any Software is licensed (or sublicensed) to me by Spectrum, such Software is provided for the limited purpose of facilitating my use of the Services as described in this Agreement. I will not engage in, or permit, any additional 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. I will return or destroy all Software provided by Spectrum and any related written materials promptly upon termination of the associated Services to me for any reason. Software licensed to me by my ISP or OLP, for instance my ISP’s or OLP’s client or browser software, is licensed under the ISP Terms or OLP Terms, as applicable, and is not the responsibility of Spectrum.

  6. I agree that I will use the Services for lawful purposes only, and in accordance with this Agreement, the Terms of Use, the WiFi Service Terms of Use, and the Tariff(s).

  7. I agree to be responsible for protecting the confidentiality of my screen names, passwords, personal identification numbers (PINs), parental control passwords or codes, and any other security measures made available, recommended or required by Spectrum. To the extent this information is acquired by any other person (through no fault of Spectrum), Spectrum may assume that I have authorized such person’s use of the information. I also acknowledge that Spectrum’s Services may from time to time include interactive features, the use of which may result in the transmission to, and use by, Spectrum or certain third parties of information that may constitute personally identifiable information (as such term is used in the Federal Communications Act of 1934) about me and for which Spectrum may be required, under the Federal Communications Act of 1934, to obtain my consent. I agree that Spectrum may seek such consents (or indications of my election to “opt in” to certain Spectrum programs) electronically, including through the use of a “click through” screen, and that Spectrum is entitled to assume that any such consent or opt-in election communicated through my Services or from the location at which I receive the Services is my consent or opt-in election or has been authorized by me.

  8. I agree that Spectrum has no liability for the completeness, accuracy or truth of the programs or information it transmits.

  9. Data Storage Services. I agree that any online or physical data storage services provided to me by Spectrum are used at my sole risk and that Spectrum will have no liability in the event my data is corrupted or lost as a result of or while using such services. I agree that when I return Spectrum Equipment to Spectrum, I am responsible for ensuring that all of my data is removed from such Spectrum Equipment and acknowledge that Spectrum has no responsibility for any such data that I do not remove.

5. Special Provisions Regarding Home Phone Service

  1. I acknowledge that the voice-enabled cable modem used to provide the Home Phone Service is electrically powered and that the Home Phone Service, including the ability to access 911 Services and home security and medical monitoring Services, may not operate in the event of an electrical power outage or if my broadband cable connection is disrupted or not operating. I acknowledge that the voice-enabled cable modem may not come equipped with a backup battery. I acknowledge that I am responsible for providing, maintaining, monitoring, and/or replacing a backup battery. I acknowledge that, in the event of a power outage in my home, any battery installed inside my voice-enabled cable modem may enable back-up service for a limited period of time or not at all, depending on the circumstances, and that the presence of the battery does not ensure that Home Phone Service will be available in all circumstances. I also acknowledge that, in the event of a loss of power that disrupts my local Spectrum cable system, the battery in my voice-enabled cable modem will not provide back-up service and the Home Phone Service will not be available.

  2. I agree that Spectrum will not be responsible for any losses or damages arising as a result of the unavailability of the Home Phone Service (such unavailability due to outages or a suspension of my account), including the inability to reach 911 or other emergency Services, the inability to contact my home security system or remote medical monitoring service provider. I acknowledge that Spectrum does not guarantee that the Home Phone Service will operate with my home security and/or medical monitoring systems, and that I must contact my home security or medical monitoring provider in order to test my system’s operation with the Home Phone Service. I agree that I am responsible for the cost of any such testing or any fees for configuring my home security or medical monitoring system to work with the Home Phone Service.

  3. The location and address associated with my Home Phone Service will be the address identified on the Work Order. I acknowledge that, under Section 4(d) of this Agreement, I am not permitted to move Spectrum Equipment from the location and address in which it has been installed. Furthermore, if I move my voice-enabled cable modem to an address different than that identified on the Work Order, calls from such modem to 911 will appear to 911 emergency service operators to be coming from the address identified on the Work Order and not the new address. I acknowledge that if I call 911 or another emergency Service through a personal computer’s “click2call” capability from a location other than the address listed on my Work Order, then the emergency services may not respond to the location from where the 911 call was made.

  4. I agree to provide Spectrum and its authorized agents with access to my telephone inside wiring at the Network Interface Device or at some other minimum point of entry in order to provide the Home Phone Service over my existing in-home wiring.

  5. I agree that in the event of a material error or omission affecting my directory listing information, regardless of form or fault by Spectrum, including the erroneous inclusion in published directory listings of any information that I intend not to have published, my sole remedy shall be a service credit in an amount set by Spectrum’s then-current standard policies or an amount prescribed by applicable regulatory requirements, whichever is greater. Spectrum shall have no other liability for errors, omissions or mistaken inclusions in directory listings.

Special Provisions Regarding HSD Service

  1. Description of HSD Service.
    1. I acknowledge that each tier or level of the HSD Service has limits on the Maximum Throughput Rate at which I may send and receive data at any time, as set forth in the price list or Terms of Use, and that the Maximum Throughput Rate may be achieved in bursts, but generally will not be sustained on a consistent basis due to the nature of the Internet, the protocols used to transmit data to and from the Internet, and Spectrum’s facilities. I also understand that the actual Throughput Rate I may experience at any time will vary based on numerous factors, such as the condition of wiring at my location, computer configurations, Internet and Spectrum network congestion, the  time of day at which I use the HSD Service, and the website servers I access, usage of the HSD Service inconsistent with the Terms of Use, among other factors.

    2. I agree that Spectrum or ISP may change the Maximum Throughput Rate of any tier by amending the price list or Terms of Use. If the level or tier of HSD Service to which I subscribe has a specified limit on the amount of bytes that I can use in a given billing cycle, I also agree that Spectrum may use technical means to ensure compliance with these limits or impose other charges and fees if my use exceeds these limits, and that Spectrum or ISP may, upon providing notice to me, move me to a higher tier of HSD Service (which may result in higher monthly charges) or impose other charges and fees if my use exceeds these limits.

    3. I agree that Spectrum may use Network Management Tools as it determines appropriate and/or that it may use technical means to ensure compliance with its Terms of Use. I further agree that Spectrum and ISP have the right to monitor my bandwidth usage patterns to facilitate the provision of the HSD Service and to ensure my compliance with the Terms of Use and to efficiently manage their networks and their provision of services. Spectrum or ISP may take such steps as each may determine appropriate in the event my usage of the HSD Service does not violate the Terms of Use. I acknowledge that HSD Service does not include other services managed by Spectrum and delivered over BHN’s shared infrastructure, including Video Service and Home Phone Service.

  2. I may rent a cable modem from Spectrum or may purchase a DOCSIS-compliant, Spectrum-approved cable modem from a third party provider. Spectrum reserves the right to provide service only to users with Spectrum-approved DOCSIS-compliant modems. Modems not Spectrum-approved may not function as intended and may not receive Spectrum advertised services.

  3. Republication.

    1. I acknowledge that material posted or transmitted through the HSD Service may be copied, republished or distributed by third parties, and that the Spectrum Parties will not be responsible for any harm resulting from such actions.

    2. I grant to Spectrum, and I represent, warrant and covenant that I have all necessary rights to so grant, the non- exclusive, worldwide, royalty-free, perpetual, irrevocable, right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display in any media all material posted on the public areas of the HSD Service via my account and/or to incorporate the same in other works, but only for purposes consistent with operation and promotion of the HSD Service.

    3. I agree that unsolicited email, or “spam,” is a nuisance and that Spectrum and my ISP (and, if applicable, my OLP) are entitled to establish limits on the volume of email that I send. Such volume limits may be set by reference to a number of emails per day, week, month or year.

  4. Continuity of Service. In order to provide continuity of service to me, if my choice of ISP is no longer available over my local Spectrum cable system, I agree that Spectrum may provide me with an alternative ISP. In such event, Spectrum will notify me of the date as of which I will begin receiving service from the alternative ISP, the provision of which shall also be governed by this Agreement, and Spectrum will provide to me a price list for such alternative ISP service. I will have the right at any time to terminate the alternative ISP or to change my subscription to any other ISP then offered by Spectrum.

  5. Unfiltered Internet Access. I acknowledge that the ISP Service provides a connection to the Internet that may be unfiltered,  and that the Spectrum Parties neither control nor assume responsibility for any content on the Internet or content that is posted by a subscriber. Although Spectrum or my ISP or OLP may make available certain parental control features, I acknowledge that such parental control features may not be entirely effective or foolproof and that, notwithstanding such features, I or members of my household may be exposed to unfiltered content.

  6. Use of ISP and OLP Service. I agree that Spectrum and/or my ISP and/or OLP has the right, but not the obligation, to edit, refuse to post or transmit, request removal of, or remove or block any material transmitted through, submitted to or posted on the HSD Service, if it determines in its discretion that the material violates the terms of this Agreement, any Spectrum consumption limits or any other Terms of Use. Such material might include personal home pages and links to other sites. In addition, I agree that, under such circumstances, Spectrum may suspend my account, take other action to prevent me from utilizing certain account privileges (e.g., home pages) or cancel my account without prior notification. I also agree that Spectrum and/or ISP and/or OLP may suspend or cancel my account for using all or part of the HSD Service in a manner that violates this Agreement or the Terms of Use.

  7. Responsibility for HSD Service. Each of Spectrum and my ISP (and, if applicable, my OLP) has responsibilities for the HSD Service. I acknowledge that each of my ISP and OLP may have one or more separate agreements, policies or other terms covering my rights and obligations with regard to the HSD Service (“ISP Terms” or “OLP Terms,” as applicable) that are also binding on me. This Agreement does not cover any ISP or OLP features or Services that are not dependent upon distribution over Spectrum’s cable systems (for example, dial up access or my use of ISP or OLP software that enables access to ISP or OLP features or Services through non-Spectrum access means) or that may otherwise be provided to me by ISP or OLP separately from the HSD Service under the ISP Terms or OLP Terms, as applicable. In the event of termination of the HSD Service, I must also contact my ISP (and, if applicable, my OLP) to ensure that these other features or Services (such as dial- up access) are properly continued or discontinued.

  8. Computer Requirements. I agree that each Computer will be free of harmful viruses and will need to meet certain minimum hardware and software requirements that will be specified for the HSD Service, and that such requirements may be changed from time to time by Spectrum or my ISP or OLP.

7. Support; Service and Repairs

  1. My Services include the right to request reasonable service and maintenance calls to check and correct problems with the Services. Spectrum will, at its own expense, repair damage to or, at Spectrum’s option, replace Spectrum Equipment, and otherwise attempt to correct interruptions of the Services, due to reasonable Spectrum Equipment wear and tear, or technical malfunction of the system or network operated by Spectrum. The Subscriber Materials contain details on contacting Spectrum for this support.

  2. Unless I have obtained a Spectrum service protection plan (if available in my area), I agree that I am responsible for all wiring, equipment and related software installed in my residence that is not Spectrum Equipment or Spectrum-licensed Software and Spectrum will have no obligation to install, connect, support, maintain, repair or replace any Computer, television, telephone or telephone answering device, audiovisual recording or playback device (e.g., VCR, DVR, DVD), audio equipment,  any software, or any cable modem, cabling or other equipment (other than Spectrum Equipment or Spectrum-licensed Software).

  3. I agree that Spectrum has no responsibility for the operation of any equipment, software or service other than the Services, the Spectrum Equipment and the Spectrum-licensed Software. For instance, I acknowledge that certain commercially available televisions, converter boxes and recording devices, which may be identified by their manufacturers as “cable ready” or “digital cable ready,” may not be able to receive or utilize all available Services without the addition of a Spectrum converter box or other Spectrum Equipment for which a fee may be charged. I further acknowledge that, even if Spectrum furnishes other Spectrum Equipment to me that is compatible with my equipment, my equipment may not receive all Services available to customers using a Spectrum converter box. If I receive HSD Service, Spectrum has no responsibility to support, maintain or repair any equipment, software or service that I elect to use in connection with the HSD Service, whether provided by my ISP, my OLP or a third party. For assistance with technical problems arising from such equipment, software or Services, I should refer to the Subscriber Materials for information regarding the technical support provided by my ISP or OLP or to the support area of the ISP or OLP or to the relevant third party’s material.

  4. If Spectrum determines that non-Spectrum cabling or equipment connecting my residence to Spectrum Equipment installed on the side of or adjacent to my residence (i.e., at a ground block) is the cause of a service problem, I agree that Spectrum may charge me to resolve such service problem. If available from Spectrum in my area, I may subscribe to a Spectrum service protection plan that covers service related calls within my residence. If any other support Services are available from Spectrum, such Services will be at additional charges as described in Spectrum’s price list.

8. Service Interruptions; Force Majeure

  1. I agree that Spectrum has no liability for delays in or interruption to my Services except that, if for reasons within Spectrum’s reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable channels is interrupted, (ii) there  is a complete failure of the HSD Service or (iii) there is a complete failure of the Home Phone Service, Spectrum will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Spectrum will issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event shall Spectrum be required to credit me an amount in excess of applicable service fees. Spectrum will make any such credit on the next practicable bill for my  Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control.

  2. I acknowledge that Spectrum may conduct maintenance from time to time that may result in interruptions of my Services.

  3. The Spectrum Parties shall have no liability, except as set forth in Section 8(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather.

  4. Spectrum is only obligated to provide the above-referenced credits for loss of Services if Spectrum is billing me for the relevant Service at the time of the outage. If a third party, including my ISP or OLP, is billing me, I will look solely to such third party for  a credit with respect to that Service.

9. Review and Enforcement

  1. Spectrum may suspend or terminate all or a portion of my Services without prior notification if Spectrum determines in its discretion that I have violated this Agreement, any of the Terms of Use or WiFi Service Terms of Use, or any Tariff(s), even if the violation was a one-time event. If all or a portion of my Services are suspended, I may be charged for the relevant Services during the suspension for a period up to 72 hours and I may be charged a fee to have my Services restored. If my account is terminated, for any reason, I will be refunded any pre-paid fees, minus any amounts due Spectrum. If the refund owed to me is of a minimal amount, I understand that I must contact Spectrum and request that the refund be issued.

  2. If I receive HSD Service, I acknowledge that Spectrum has the right, but not the obligation, to review content on public areas of the HSD Service, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and the Terms of Use.

  3. I agree that Spectrum shall have the right to take any action that Spectrum deems appropriate to protect the Services, Spectrum’s facilities or Spectrum Equipment.

10. Termination of Service

  1. Either Spectrum or I, each in our sole discretion, may terminate all or any portion of my Services at any time for any or no reason, in its sole discretion, in accordance with applicable law.

  2. If I am moving or wish to terminate all or any portion of my Services for any reason, I will notify Spectrum by phone or by mail as instructed in the Subscriber Materials in order to set up a disconnect appointment and provide Spectrum with access to my premises to disconnect the relevant Services and recover the Spectrum Equipment specified on the Work Order on a DATE PRIOR TO the last day of residency. This also applies if I am receiving a period of free or discounted Services. In other words, at the end of the free or discounted period, Spectrum is entitled to begin billing me for the usual charges associated with the relevant Services unless I take the appropriate steps to terminate the Services as described in this paragraph.

  3. I cannot terminate my Services by writing “Canceled” (or any other messages) on my bill or check, or by making a disconnect appointment that does not result in Spectrum’s physical recovery of the Spectrum Equipment. In addition, I agree that any restrictive endorsements (such as “paid in full”), releases or other statements on or accompanying checks or other payments accepted by Spectrum shall have no legal effect.

  4. I acknowledge that notice given by me to Spectrum of termination of any Services may not be sufficient to terminate billing by any third party for additional or continuing Services, for example, billing by my ISP or OLP for continuing “dial up” access. I agree that I am solely responsible for contacting any such third party in addition to Spectrum to ensure that all such Services are terminated in accordance with the third party’s terms of service, if applicable.

11. Disclaimer of Warranty; Limitation of Liability

  1. I AGREE THAT THE SERVICES ARE PROVIDED BY SPECTRUM ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT 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. SPECTRUM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE SPECTRUM EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, I AGREE THAT MY USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT MY SOLE RISK AND THAT SPECTRUM DOES NOT WARRANT THAT THE HSD SERVICE OR EQUIPMENT PROVIDED BY SPECTRUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. I FURTHER AGREE THAT SPECTRUM IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON MY DVR. WITHOUT LIMITING THE FOREGOING:

    1. ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY SPECTRUM AND/OR ISP AND/OR OLP AND/OR ANY LONG DISTANCE PROVIDER AND/OR OTHER THIRD PARTY TO ME THAT ARE NOT PART OF THE SERVICES AS DEFINED HEREIN ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND THE SPECTRUM PARTIES HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH PRODUCTS OR SERVICES; AND

    2. NONE OF THE SPECTRUM PARTIES MAKES ANY WARRANTIES AS TO THE SECURITY OF MY COMMUNICATIONS VIA SPECTRUM’S FACILITIES OR THE SERVICES (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE SERVICES, OR OUTSIDE THE SERVICE TO OR THROUGH THE INTERNET), OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR MY EQUIPMENT OR COMMUNICATIONS. I AGREE THAT NONE OF THE SPECTRUM PARTIES WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. I HAVE THE SOLE RESPONSIBILITY TO SECURE MY EQUIPMENT AND COMMUNICATIONS.

  2. I ACKNOWLEDGE THAT SPECTRUM’S OR MY INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE SERVICES, SPECTRUM EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO MY COMPUTER(S), TELEPHONES AND TELEPHONE ANSWERING  DEVICES,  TELEVISIONS, RECORDING AND PLAYBACK DEVICES, AUDIO EQUIPMENT, OR ANY CABLE MODEM, CABLING OR OTHER EQUIPMENT OR HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. I SHALL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER OR OTHER SOFTWARE OR DATA FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE SPECTRUM PARTIES, OR THEIR VENDORS, LICENSEES OR PROGRAMMERS, SHALL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY EQUIPMENT, SOFTWARE, HARDWARE, DATA OR FILES.

  3. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN SECTIONS 9(a) AND 8(a) RESPECTIVELY, IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY SPECTRUM PARTY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES (INCLUDING THE CONTENT INCLUDED THEREIN OR THE SERVICES ACCESSED THEREBY) OR EQUIPMENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THE USE OF OR INABILITY TO USE EMERGENCY 911 SERVICES; FOR ANY ERRORS, OMISSIONS, MISTAKEN INCLUSIONS OR PUBLICATION OF ANY DIRECTORY LISTING INFORMATION, REGARDLESS OF FORM; FOR ANY ACTION TAKEN BY SPECTRUM TO PROTECT THE SERVICES; OR THE BREACH BY SPECTRUM OF ANY WARRANTY.

  4. I AGREE THAT THE PROVISIONS OF THIS SECTION 11 SHALL APPLY TO ALL CONTENT OR SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICES, AND ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY, ALL OF THE SPECTRUM PARTIES.

12. Privacy

  1. I acknowledge that Spectrum has provided me a separate Privacy Notice, and that Notice is deemed to be a part of this Agreement. I expressly consent to the collection, use and disclosure of my customer information as set forth in the Privacy Notice and as permitted by federal law, including the Federal Communications Act of 1934, as amended.

13. Consent to Phone and Email Contact

  1. I consent to Spectrum calling the phone numbers I supply to it for any purpose, including the marketing of its current and future Services. I agree that these phone calls may be made using any method, including an automatic dialing system or an artificial or recorded voice. Upon my request, the phone numbers I have previously provided will be removed from Spectrum’s phone marketing list. I can make this request by calling or writing my local Spectrum office and asking to be placed on Spectrum’s Do Not Call List.

  2. I acknowledge that being included in any state or federal “do not call” registry will not be sufficient to remove me from Spectrum’s phone marketing list.

  3. I consent to Spectrum emailing me, at any email address, including that of a wireless or mobile device, that I provide to Spectrum (or that Spectrum issues to me in connection with the Service), for any purpose, including the marketing of Spectrum’s current and future Services. If my wireless or mobile provider charges me for receipt of such messages, I acknowledge and agree that I am responsible for paying such charges. I may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing my local Spectrum office.

14. Arbitration

  1. If you have a Dispute (as defined below) with Spectrum that cannot be resolved, you or Spectrum may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means  you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may  also result in limited discovery. An arbitration award is subject to limited review by a court.

  2. As used in this Provision, the term “Dispute” means any dispute, claim or controversy between you and Spectrum regarding any aspect of your relationship with Spectrum or the Spectrum Parties that has accrued or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Arbitration Provision

  3. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY SPECTRUM IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT. YOUR WRITTEN NOTIFICATION TO SPECTRUM MUST INCLUDE YOUR NAME, ADDRESS AND SPECTRUM ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH SPECTRUM THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH SPECTRUM OR THE DELIVERY OF SERVICES TO YOU BY SPECTRUM. IF YOU HAVE PREVIOUSLY NOTIFIED SPECTRUM OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

  4. Restrictions:
    1. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF ANY STATUTE OR OTHER LAW TO THE CONTRARY, YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES WHICH ARE SUBJECT TO SECTION 3 OF THE AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

    2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS,  OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.

    3. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH SPECTRUM UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.

  5. Selection of Arbitrator, and Applicable Rules and Law. The arbitration proceeding shall be administered by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes that are in effect when the arbitration is initiated (collectively, “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 800-778-7879.

    The Services provided to you by Spectrum concerns interstate commerce, so the Federal Arbitration Act (“FAA”), not any state arbitration law shall govern the arbitrability of all Disputes. Applicable federal law or the law of the state where you receive the Services from Spectrum, however, shall apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding.

    If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with Spectrum. If this situation arises, the parties shall agree on a substitute arbitration organization. If  the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.

  6. Arbitration Procedures. The party initiating the arbitration proceeding may open a case with the American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. An explanation of the procedures for initiating an arbitration proceeding are available at www.adr.org or by calling 877-493-4185. A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.

    If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of  entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (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  exists under the FAA.

  7. Arbitration Hearing and Location. If the Dispute is for $10,000 or less, you may choose whether to conduct the arbitration solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the Dispute exceeds $10,000, the AAA Rules will determine the right to a hearing. Any in- person hearing will take place at a location convenient to you in the area where you receive the Services from Spectrum, unless you and Spectrum agree or the arbitrator orders otherwise under the AAA Rules.

  8. Payment of Arbitration Fees and Expenses. Payment of all arbitration fees and expenses will be governed by the AAA Rules. After Spectrum receives notice that you have initiated an arbitration proceeding, Spectrum will promptly reimburse you for payment of your filing fee. Spectrum will pay all filing, administration, and arbitrator fees and arbitrator expenses for the Dispute, unless the arbitrator determines that the Dispute is frivolous. You are responsible for paying fees and expenses for your attorneys, witnesses, and experts in arbitration, unless applicable law requires otherwise. Spectrum will not seek attorneys’ fees and expenses in arbitration, unless the arbitrator determines the Dispute is frivolous. If the arbitrator  determines that the Dispute is frivolous, you agree to reimburse Spectrum for previous payments it made that are otherwise your obligation to pay under the AAA Rules and applicable law.

  9. Severability. If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action and class arbitration waiver in section 14(d) is found to be illegal or unenforceable, the entire Arbitration Provision will  be unenforceable, and the Dispute will be decided by a court.

    If this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found to be excluded from the scope of this Arbitration Provision, YOU AND SPECTRUM EACH HEREBY AGREE TO WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY TRIAL BY JURY.

  10. Survival. This Arbitration Provision will survive the termination of your Services with Spectrum.

  11. Exclusion from Arbitration. YOU AND SPECTRUM AGREE THAT ANY CLAIM FILED BY YOU OR BY SPECTRUM THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT WHICH IS LIMITED TO ADJUDICATING SMALL  CLAIMS WILL NOT BE SUBJECT TO ARBITRATION.

15. Definitions

  1. “Affiliated ISP” means Road Runner and any other ISP in which any Spectrum Party holds an ownership interest.

  2. “Agreement” means this Services Subscription Agreement, as it may be amended from time to time by Spectrum.

  3. “Spectrum” means the local Bright House Networks-affiliated cable operator that is providing the Services, or any cable operator to whom Bright House Networks assigns this Agreement or delegates any responsibilities under this Agreement.

  4. “Spectrum Equipment” means any equipment provided by Spectrum to me including, but not limited to, converter boxes (also known as “set top” boxes), decoders, CableCARD™, terminals, cable modems, voice-enabled cable modems, wireless routers, remote control units, and any other equipment or materials provided to me by Spectrum for use in connection with the receipt of Services. Spectrum Equipment does not include any Network Interface Card (“NIC”) installed in my Computer. Spectrum Equipment does not include any cable wiring, connectors, or mounting hardware installed by Spectrum which, upon installation, shall become my property. Cable wiring includes for aerial installations the wiring to the utility pole and for underground installations the wiring to the utility pole or pedestal. Ownership of Spectrum installed wiring and facilities in multiple dwelling units shall be governed by any agreement between Spectrum and the building owner and applicable rules and regulations of the Federal Communications Commission (“FCC”).

  5. “Spectrum Parties” means Spectrum and its corporate parents, affiliates and subsidiaries and their respective directors, officers, employees and agents.

  6. “Computer” means the personal computer(s) located at my residence that will be used to access the HSD Service, as  specified on the accompanying Work Order.

  7. “Home Phone Service” means the Spectrum phone service that provides users with the ability to send and receive local and/or long distance calls and to access additional related features and functions through Spectrum’s cable systems.

  8. “DVR” means a set-top box or other device enabled with a digital video recorder that is provided to me by Spectrum.

  9. “HSD Service” and “High Speed Data Service” mean the online content, features, functions and Services (which may include Internet access) of the ISP or OLP selected by me, as provided over Spectrum’s cable systems.

  10. “Including” or “include” shall mean inclusion, without limitation.

  11. “ISP” means the Internet service provider selected by me from among those offered now or in the future by Spectrum for the HSD Service. My ISP is the entity that provides my Internet connectivity.

  12. “Maximum Throughput Rate” means the highest Throughput Rate provided by the level or tier of HSD Service to which I subscribe.

  13. “Me,” “My,” and “I” mean the account holder identified on the Work Order who is authorized by Spectrum to access and use  the Services.

  14. “Network Management Tools” means tools and techniques that may be used by Spectrum as it determines appropriate in  order to efficiently manage its network, ensure a quality user experience for its subscribers and ensure compliance with the Acceptable Use Policy. Examples of Network Management Tools can be found in the Acceptable Use Policy, http://brighthouse.com/.

  15. “OLP” or “On-line Provider” means a provider of on-line content, features, functions and Services that are used in conjunction with my ISP Service (and whose service may be purchased with an ISP Service as part of a combined offering) but that does not itself provide Internet connectivity.

  16. “Services” means any and all Services provided to me by Spectrum, which may include Video Service, High Speed Data Service, Home Phone Service, WiFi Service and equipment based Services such as digital video recorder Services.

  17. “Software” means the computer software, if any, licensed by ISP or OLP to me to access the HSD Service, or licensed by Spectrum to me to facilitate installation or use of my ISP’s or OLP’s service or any other Services. Software also refers to any executable code that may be included in, downloaded to, or utilized by, any Spectrum Equipment.

  18. “Subscriber Materials” means the handbooks, manuals and other guide materials provided by Spectrum or any third party (including my ISP or OLP) regarding use of the Services.

  19. “Subscriber Privacy Notice” means the Subscriber Privacy Notice described in Section 12(a), as it may be amended from time to time by BHN.

  20. “Tariff(s)” means the materials describing the terms upon which Spectrum offers Home Phone Service, which have been filed at the Public Service Commission or comparable state agency serving the jurisdiction in which I live.

  21. “Terms of Use” means all rules, terms and conditions set forth in this Agreement or otherwise established now or hereafter by Spectrum regarding permissible or impermissible uses of or activities related to, the HSD Service.

  22. “Throughput Rate” refers to the amount of data that can be transferred between my location and the Spectrum facilities serving my location over a given period of time. Throughput Rates described in all Spectrum materials, including marketing materials, price lists and Terms of Use refer to Maximum Throughput Rates.

  23. “Video Service” means video and/or audio programming Services such as basic, standard, digital and premium Services, Services provided on a per-channel or per-program basis, pay-per-play, pay-per-view or VOD.

  24. “VOD” means video on demand.

  25. “WiFi Service” means Spectrum WiFi service and Cable WiFi™ service, collectively. Cable WiFi is a service offered by Spectrum, Cox Communications, Comcast Corporation, and Cablevision, which allows Internet subscribers of those companies to access the other companies’ available and authorized WiFi networks.

  26. “WiFi Service Terms of Use” means all rules, terms and conditions set forth in this Agreement or otherwise established now or hereafter by Spectrum regarding permissible or impermissible uses of or activities related to, the WiFi Service.

  27. “Work Order” means the Spectrum work order provided to me in connection with the installation or commencement of my Service(s).

16. Indemnification

I agree to defend, indemnify and hold harmless the Spectrum Parties from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to my use of the Services or otherwise arising out of the use of my account or any equipment or facilities in connection therewith, or my use of any other Spectrum products or Services or any ISP’s or OLP’s products or Services.

17. Term

This Agreement will remain in effect until terminated by either party or superseded by a revised Subscription Agreement.

18. Interpretation; Severability

Except as explicitly stated in Section 14, in the event that any portion of this 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 this Agreement shall remain in full force and effect.

19. Consent to Electronic Notice

I agree that unless otherwise specified, all notices required or contemplated hereunder will be provided by Spectrum by such means as Spectrum shall determine in its discretion. Without limiting the foregoing, I agree that Spectrum may provide any notices required or contemplated hereunder or by applicable law, including notice of changes to this Agreement, the Terms of Use, the WiFi Service Terms of Use, the Tariff(s) or the Privacy Notice, by electronic means (for example, email or online posting). An online version of this Agreement, the Terms of Use, the WiFi Service Terms of Use, the Subscriber Privacy Notice and any applicable Tariff(s), as so changed from time to time, will be accessible at www.brighthouse.com or can be obtained by calling my local Spectrum office.

20. Waiver

I agree that failure by Spectrum to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

21. Assignment

I understand that my Services are being provided only to the location identified on my Work Order and that I am not allowed to transfer all or any portion of the Services, or Spectrum’s Equipment, to any other person, entity or location, including a new residence. I agree that I may not assign or transfer this Agreement. Spectrum may transfer or assign any portion or all of this Agreement at any time without notice to me, and I waive any such notice which may be required.

22. Effect of Applicable Law; Reservation of Rights

This Agreement, the Work Order, the Terms of Use, and the WiFi Service Terms of Use are subject to all applicable federal, state or local laws and regulations, including any applicable franchise agreement, in effect in the relevant jurisdiction(s) in which I receive my Services. If any provision of this Agreement, the Work Order, the Terms of Use or the WiFi Service Terms of Use contravene or are in conflict with any such law or regulation, or if I am entitled to more favorable rights under any such law or regulation than are set forth in any provision in this Agreement, the Work Order, the Terms of Use or the WiFi Service Terms of Use, then the terms of such law or regulation, or the rights to which I am entitled under such law or regulation, shall take priority over the relevant provision of this Agreement, the Work Order, the Terms of Use or the WiFi Service Terms of Use. If the relevant law or regulation applies to some but not all of my Service(s), then such law or regulation will take priority over the relevant provision of this Agreement, the Work Order, the Terms of Use or the WiFi Service Terms of Use only for purposes of those Service(s) to which the law or regulation applies. Except as explicitly stated in this Agreement, nothing contained in this Agreement shall constitute a waiver by me or Spectrum of any rights under applicable laws or regulations pertaining to the installation, operation, maintenance or removal of the Services, facilities or equipment.

23. Parental Control Device

I acknowledge that I have been advised of the availability of Spectrum’s parental control device which can filter or block certain programming. Additional information about the device is available at www.brighthouse.com or contact Spectrum by phone.

24. Conflicting Terms

In the event of a conflict in the terms and conditions between this Agreement and the accompanying Work Order, then the terms and conditions of this Agreement shall control.

HIGH SPEED DATA ACCEPTABLE USE POLICY

I. Acceptable Use Policies

Bright House Networks’ parent, Charter Communications Operating, LLC and the respective subsidiaries providing you the services (“Spectrum”, “we”, “us”, or “our”) seeks to create and foster an on-line community that can be used and enjoyed by all its high speed data service customers. To further that goal, Spectrum has developed an Acceptable Use Policy. Although much of what is included here is common sense, Spectrum takes these issues very seriously and will enforce its rules to ensure enjoyment by all of its members. Spectrum reserves the right to suspend or cancel a subscriber's account for engaging in inappropriate conduct. In using the high speed data services provided over Spectrum's network (the "HSD Service"), subscribers accept this non-exhaustive list of restrictions as well as those set forth in Spectrum's Agreement for Residential Services and agree to use the HSD Service only for lawful purposes and not to use or allow others to use the HSD Service in violation of the following guidelines:

  • Unless you have specifically subscribed for commercial grade service, the HSD Service is provided to you for personal, non- commercial use only. The service cannot be used for any enterprise purpose whatsoever whether or not the enterprise is directed toward making a profit. If it is your intention to use this service for these purposes, please contact Spectrum to inquire whether commercial grade service programs are available.

  • The HSD Service may not be used to engage in any conduct that interferes with Spectrum's ability to provide service to others, including the use of excessive bandwidth.

  • The HSD Service may not be used in a manner that interferes with Spectrum's efficient operation of its facilities, the provision of services or the ability of others to utilize the HSD Service in a reasonable manner. Spectrum may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with this Acceptable Use Policy (“Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network Management Tools as Spectrum may from time to time determine appropriate.

  • The HSD Service may not be used to breach or attempt to breach the security, the computer, the software or the data of any person or entity, including Spectrum, to circumvent the user authentication features or security of any host, network or account, to use or distribute tools designed to compromise security, or to interfere with another's use of the HSD Service through the posting  or transmitting of a virus or other harmful item to deliberately overload or flood that entity's system.

  • In using the HSD Service, you may not use an IP address or client ID not assigned to you, forge any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting or probe, scan or test the vulnerability of any system or network  by the use of sniffers, SNMP tools or any other method.

  • The HSD Service may not be used to post or transmit content that violates child pornography statutes or contains graphic visual depictions of sexual acts or sexually explicit conduct involving children, or other depictions of children, the primary appeal of which is prurient.

  • The HSD Service may not be used to upload, post, transmit or otherwise make available any materials or content that violate or infringe on the rights or dignity of others. These include, but are not limited to, materials infringing or compromising intellectual property rights or the ability to maintain trade secrets and other personal information as private; the ability to avoid hate speech; threats of physical violence; harassing conduct; sexually oriented material that is offensive or inappropriate; and unsolicited bulk e- mail.

  • The HSD Service may not be used to engage in or foster any consumer fraud such as illegal gambling, “Make Money Fast” schemes, chain letters, Pyramid, or other investment schemes, or to make or encourage people to accept fraudulent offers by e- mail, USENET or other means, of products, items or services, originating from your account, or through a third party which implicates your account or to post or transmit off-topic or commercial messages on bulletin boards.

You may not engage in any of the above activities using the service of another HSD, while channeling such activities through your HSD Service account or using this account as a mail drop for responses.