Time Warner Cable Residential Services Subscriber Agreement
 

We provide you with our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. on the condition that you comply with our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement..  These agreements, which are listed below, contain important information regarding your rights and responsibilities.  Please review them carefully.

By signing your Work Order"Work Order" means the TWC work or service order that identifies the Services you receive. You were probably provided with your Work Order when we initiated or last serviced your account but if you require a copy, please contact your local TWC office. or using our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., you accept (in other words, make legally binding) these Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement..  Our website always contains the most current versions of our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement.. See http://help.twcable.com/policies.html or contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.


THIS AGREEMENT"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time. CONTAINS A BINDING “ARIBITRATION CLAUSE,” WHICH SAYS THAT YOU AND TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS PART OF THE AGREEMENT"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time.. SEE SECTION 15


Capitalized terms used in this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time. have special meanings, which are contained in Section 16.  By accepting our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., you agree with TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. as follows:

1. Your Financial Responsibilities
2. Your Responsibilities Regarding Equipment
3. Your Right to Use our Services and Property is Limited
4. Special Information for Digital Home Phone Subscribers
5. Special Information for HSD Subscribers
6. Objectionable Material and Parental Controls
7. If You Have Service Problems, You May Be Entitled to a Credit
8. We May Change our Customer Agreements
9. We May Enforce our Customer Agreements
10. Our Services are Not Guaranteed and Our Liability is Limited.
11. Your Privacy Rights and Obligations
12. You are Consenting to Phone and Email Contact
13. You are Consenting to Use Electronic Notices and Communications
14. You are Agreeing to Limit the Time You Have to Bring a Legal Action
15. Unless you Opt Out, You are Agreeing to Resolve Certain Disputes Through Arbitration
16. Definitions
17. Term of Agreement; Termination of Service
18. You May Not Transfer Your Rights or Responsibilities to Another Person
19. What Happens if the Law in Your Area Conflicts with our Customer Agreements
20. What Happens if There is a Conflict between our Customer Agreements

1. Your Financial Responsibilities

(a) You must pay for the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. you receive in accordance with our billing practices, along with any installation charges and other applicable fees and taxes.  If you have any questions about our prices or fees, please contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.

(b) If you fail to pay us in full by the due date on your billing statement, we may require that you pay us the following additional amounts:

Our late fee and field collection fee charges are available from your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.  You confirm that such fees are reasonable in light of our costs in collecting past due amounts.

(c) If we suspend any of your Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. for failure to pay amounts you owe us or for violating our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement., we may require that you pay us a fee for restoring your Service.

(d) If your check to us “bounces” (or if your bank or credit card issuer refuses to pay us amounts you have previously authorized us to charge to your account), we may require that you pay us a fee.

(e) We may verify your credit standing, including"including" or "include" means inclusion without limitation. through credit reporting agencies.

(f) We may require a deposit or other guaranteed form of payment (for example, a credit card or bank account debit authorization) from you.  If you owe us money on any account, we can deduct those amounts from any existing credit you have with us or any security deposit you provide or, if applicable, charge them to the bank or credit card account you have authorized us to use.

(g) You authorize us to accept (and charge you for) any orders or requests made through your Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. or from your location.  For example, if someone in your home makes a long distance Digital Home Phone call or requests a pay channel like HBO, you are responsible for the resulting charges.

(h) We are not required to notify you of offers we make available to others, or to lower your rates to equal those contained in such offers.
 
(i) You must bring any billing errors to our attention within 30 days of the day you receive the bill or you will waive your right to (in other words, you will not be eligible to receive) a refund or credit.

(j) Since tax and regulatory rules are subject to interpretation, we have complete discretion in deciding what fees, taxes and surcharges to collect from you.  You waive (in other words, you are not eligible to receive) a refund of any fees that we collect from you and pay to any government or agency.  You can receive a list of the fees, taxes and surcharges we collect from: Time Warner Cable, 7800 Crescent Executive Drive, Charlotte, North Carolina, 28217; Attention: Subscriber Tax Inquiries.

(k) You cannot settle amounts you owe us by writing “paid in full” or any other message on your bill or check.

(l) If you provide us with a credit or debit card for billing or deposit purposes and the issuer gives you a new card on the account with a different expiration date, you authorize us to update our records to reflect the new expiration date and to continue to use the account as before.

(m) If a third party sues TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. based on your use of our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. (for example, claiming theft or copyright violation based on something you posted on-line using our HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems.), you will indemnify us (in other words, make us whole) for any losses, including"including" or "include" means inclusion without limitation. reasonable attorneys’ fees, that we suffer.

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2. Your Responsibilities Regarding Equipment

(a) You will allow us to enter your premises to install, maintain or replace Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). and to make sure our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. are operating and being delivered properly to you and your neighbors.  If you stop receiving Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. from us, you may terminate these rights by giving us one year’s advance notice.  You confirm that you are authorized to grant the rights described in this paragraph.

(b) After we install or remove Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). or wiring on your premises, you are responsible for any repairs or cosmetic corrections you wish to make.  We have an obligation to make such repairs only if we performed our work negligently and your property was damaged as a result.

(c) We can make changes to Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). and Software"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment. through downloads from our network or otherwise.  If you have a third party device (for example, a “Tru2way” device) attached to our Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled)., we or the device manufacturer may from time to time download software to the device, which may change its features and functionality.

(d) You may not move our Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). to any location other than the location where you initially received the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service.. This is true even if you have moved to a new location and continue to pay us for the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..  You may not remove or alter our logos or other identifying information (for example, serial numbers) on the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled)..

(e) You must return the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). to us in good condition when the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. are terminated and, if you fail to do so, we have your permission to retrieve the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). from your premises at your expense.  You are responsible for applicable fees until we receive the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled)..  If we do not receive the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). within a reasonable amount of time after the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. are terminated, we are entitled to assume that you have lost the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled)..

(f) If the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). is lost, stolen or damaged, you must reimburse us (as “liquidated damages”) even if you are not at fault.  The liquidated damages amount for our Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). is available on request from your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.  You agree that this liquidated damages approach is reasonable in light of the difficulty of determining the value of the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). or the losses we could suffer if a third party improperly gained access to our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. using Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). we provided to you.

(g) The Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). we provide to you always belongs to us.  This includes Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). that is lost, stolen or damaged and that you reimburse us for.  If you recover previously lost or stolen Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). for which you reimbursed us during the prior year, you will return the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). to us and we will return the money you paid to us.

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3. Your Right to Use our Services and Property is Limited

(a) The Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. we provide and the way we deliver them will change from time to time, in part due to our efforts to improve them.  These changes may impact the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. you receive today, or may require that you change your own equipment or its configuration, or lease new or additional Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). from us, to continue to obtain the full benefit of those Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..  If you are under a promotional or other offering with a set price for a period of time, you are assured only that you will be charged the set price during the time specified. You are not assured that the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. you receive (or that our equipment and system requirements) will remain the same.

(b) The Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. are for your reasonable, personal non-commercial use only. You may not provide the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. to any person who is not a member or guest in your household, or to persons outside your premises, whether for a fee or otherwise.  You will take reasonable precautions to prevent others from gaining unauthorized access to the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..  For example, if you use a home wireless network with the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., you will establish and use a secure password or similar means of limiting access to the members of your household.

(c) If you knowingly access Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. that you have not paid for, or damage or alter our Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). (or use third party equipment) in order to obtain Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. that you have not paid for, you will have breached this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time. and possibly subjected yourself to statutory damages, fines or imprisonment.  We can always enforce our rights with respect to theft of or tampering with our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..

(d) You are only allowed to use our Software"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment. and other intellectual property (for example, our name and logo) as needed to receive our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service.

(e) We will conduct maintenance from time to time that may interrupt the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..

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4. Special Information for Digital Home Phone Subscribers

(a) Our service cable modem is electrically powered, and Digital Home Phone service, including"including" or "include" means inclusion without limitation. home security services, may not operate in the event of an electrical power outage.  If a power outage occurs in your home and if your cable-modem is equipped with a battery, it may enable back-up service for a limited period of time or not at all, depending on the circumstances.  If your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. system loses power or experiences other service issues, the battery in your cable modem, if any, will not provide back-up service and Digital Home Phone will not be available. 

(b) If you intend to use the Digital Home Phone Service with a home security or medical monitoring system, you are responsible for making sure it works properly and for the cost of doing so. You should contact your home security or medical monitoring provider in order to test your system’s operation with the Digital Home Phone Service.

(c) The cable modem that we provide to you is linked to the address on your Work Order"Work Order" means the TWC work or service order that identifies the Services you receive. You were probably provided with your Work Order when we initiated or last serviced your account but if you require a copy, please contact your local TWC office..  If you call 911, emergency personnel will respond to that address.  If you move the cable modem to another address, emergency personnel may not be able to locate you if you call 911.

(d) If we do not comply with your requests regarding directory listing information (for example, list the wrong number or list a number you requested be unlisted), you may be entitled to a credit under our policies or, if greater, an amount prescribed by applicable regulatory requirements.  Please contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office for more information.  Other than these credits, we have no liability with respect to directory listings.

(e) Ensuring that your address is correctly listed with 911 databases normally takes between 24 and 120 hours from the time that you subscribe to Digital Home Phone service.  Enhanced 911 service (which includes your address information) will not be available until such databases are updated.

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5. Special Information for HSD Subscribers

(a) We may use Network Management Tools“Network Management Tools” are the tools and techniques we use to manage our network, ensure a quality user experience and ensure compliance with our Acceptable Use Policy. Examples of some Network Management Tools can be found in our Acceptable Use Policy. See http://help.twcable.com/policies.html or contact your local TWC office. to make our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. operate efficiently.

(b) Each HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. level may have a Maximum Throughput Rate“Maximum Throughput Rate” means the highest Throughput Rate that is provided by your level or tier of HSD or Wireless Data Service, without use of our Power Boost feature.  Our Power Boost feature may provide additional bursts of download speed over and above your Maximum Throughput Rate but only during the initial part of a download., a Bandwidth Limit“Bandwidth Limit” means the aggregate amount of upstream and downstream data that a high-speed data customer may send and receive in a prescribed period (for example, a monthly billing period). or other characteristics.  For more information, please review our Acceptable Use Policy or contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office. 
 
(c) We can set or change the Maximum Throughput Rate“Maximum Throughput Rate” means the highest Throughput Rate that is provided by your level or tier of HSD or Wireless Data Service, without use of our Power Boost feature.  Our Power Boost feature may provide additional bursts of download speed over and above your Maximum Throughput Rate but only during the initial part of a download., Bandwidth Limit“Bandwidth Limit” means the aggregate amount of upstream and downstream data that a high-speed data customer may send and receive in a prescribed period (for example, a monthly billing period). or other characteristics of any HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. level.  If we do, we may put in place additional terms to address usage that is not consistent with the resulting HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. level.  For example, if we set or change the Bandwidth Limit“Bandwidth Limit” means the aggregate amount of upstream and downstream data that a high-speed data customer may send and receive in a prescribed period (for example, a monthly billing period). that applies to your HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. level and you exceed the limit, we may suspend your HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems., reduce your Maximum Throughput Rate“Maximum Throughput Rate” means the highest Throughput Rate that is provided by your level or tier of HSD or Wireless Data Service, without use of our Power Boost feature.  Our Power Boost feature may provide additional bursts of download speed over and above your Maximum Throughput Rate but only during the initial part of a download. or charge you for your excess usage.  You may need to subscribe to a more expensive HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. level or pay for additional bandwidth to avoid suspension or slower HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems..  We will notify you of any new or changed Bandwidth Limit“Bandwidth Limit” means the aggregate amount of upstream and downstream data that a high-speed data customer may send and receive in a prescribed period (for example, a monthly billing period). (or any material reduction in the previously published Maximum Throughput Rate“Maximum Throughput Rate” means the highest Throughput Rate that is provided by your level or tier of HSD or Wireless Data Service, without use of our Power Boost feature.  Our Power Boost feature may provide additional bursts of download speed over and above your Maximum Throughput Rate but only during the initial part of a download.) for your HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. level and any related terms.

(d) We may monitor your bandwidth usage patterns and your compliance with our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement..

(e) The HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. will attain Maximum Throughput Rate“Maximum Throughput Rate” means the highest Throughput Rate that is provided by your level or tier of HSD or Wireless Data Service, without use of our Power Boost feature.  Our Power Boost feature may provide additional bursts of download speed over and above your Maximum Throughput Rate but only during the initial part of a download. only in bursts and not on a guaranteed or consistent basis. The Throughput Rate“Throughput Rate” refers to the rate at which data can be transferred between your location and our facilities over a given period of time.  The Throughput Rates that we mention in our marketing and other materials refer to our Maximum Throughput Rates. you experience at any time will be affected by a number of factors, including"including" or "include" means inclusion without limitation. the nature of the Internet and its protocols, our facilities, the bandwidth we devote to carriage of protocol and network information, the condition and configuration of the equipment at your location, our use of Network Management Tools“Network Management Tools” are the tools and techniques we use to manage our network, ensure a quality user experience and ensure compliance with our Acceptable Use Policy.  Examples of some Network Management Tools can be found in our Acceptable Use Policy.  See http://help.twcable.com/policies.html or contact your local TWC office., data volume and congestion on our network and the Internet, the time of day you are using the HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems., the performance of the website servers you try to access, and the priority we give to our business subscribers’ data traffic. 

(f) If you send or post materials through the HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems., you are responsible for the material and confirm that you have all necessary rights to do so.  You grant us, with no obligation to pay you, all rights we need to complete your transmission or posting.  If we determine that the transmission or posting violates our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement., we may (but have no duty to) delete the materials, block access to them or cancel your account.

(g) The HSD Service requires the use of a cable modem.  We will provide you with a cable modem or you may obtain one separately.  If you use a modem that we have not approved for use on your TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. system, the HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. may not work properly.  For a list of TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement.-approved modems, see http://www.timewarnercable.com/en/residential-home/support/topics/internet/buy-your-modem.html.
 
(h) Your OLP"OLP" or "On-line Provider" means a provider of on-line services that you may purchase with our broadband Internet service but that does not itself provide Internet connectivity. may have one or more separate agreements, policies or other terms covering some of your rights and obligations with regard to the HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. (for example, dial-up or wireless access to your OLP"OLP" or "On-line Provider" means a provider of on-line services that you may purchase with our broadband Internet service but that does not itself provide Internet connectivity. email). If your HSD Service"HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems. is terminated, you should contact your OLP"OLP" or "On-line Provider" means a provider of on-line services that you may purchase with our broadband Internet service but that does not itself provide Internet connectivity. to ensure that these other services are properly continued or discontinued.

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6. Objectionable Material and Parental Controls

(a) Our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. make available some material that may offend you or be inappropriate for members of your household.  TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. provides parental controls and other tools that can filter or block access to certain video programming and Internet content.  The availability and effectiveness of these tools may vary depending on your equipment and software.   

(b) Parental controls for Internet can be downloaded at http://www.rr.com/security.  Parental controls for video programming generally require that you lease a set-top box from us.  For more information, please contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.

(c) Even if you use the parental controls we provide, your household may be exposed to materials you find objectionable.

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7. If You Have Service Problems, You May Be Entitled to a Credit

(a) We will attempt to correct service problems caused by our Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). or Software"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment. but we are not required to install, service or replace other equipment or software. Depending on the circumstances, we may charge you for service calls.  For more information, please contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.

(b) TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. has no liability for service interruptions except that, if you lose all Video, HSD or Digital Home Phone Service for more than 24 consecutive hours and the cause of the outage was within our reasonable control, we will provide you a credit for that period if you request one.  If you experience a service problem with a VOD transaction, we will issue you a credit for the amount of the VOD purchase if you request one.  All credit requests must be made within 30 days of your next bill following the outage or service issue.

(c) We have no obligation to compensate you for service problems that are beyond our reasonable control.  Examples of problems beyond our reasonable control include"including" or "include" means inclusion without limitation. those caused by storms and other natural disasters, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses or strikes.

(d) Local law may impose other outage credit requirements with respect to some or all of the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..  If this is the case in your area, we will follow the law.

(e) Our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. may not work with equipment, software or services that we did not provide to you.  For example, some "cable ready" or "digital cable ready" televisions and DVRs may not receive or support all of our Video Services"Video Service" refers to the video and/or audio programming Services we provide, including VOD offerings. even if we provide you with a CableCARD™ as recommended by the device manufacturer.  To get the full benefit of our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., you may need to lease Customer Use Equipment from us.

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8. We May Change our Customer Agreements

(a) We may change our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement. by amending the on-line version of the relevant document.  Unless you have entered into an Addendum that ensures a fixed price for a period of time (for instance, a Price Lock Guarantee Addendum), we may also change the prices for our services or the manner in which we charge for them.

(b) If you continue to use the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. following any change in our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement., prices or other policies, you will have accepted the changes (in other words, made them legally binding).  If you do not agree to the changes, you will need to contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office to cancel your Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service.

(c) Any changes to our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement. are intended to be prospective only.  In other words, the amended version of the relevant document only becomes binding on you as of the date that we make the change.

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9. We May Enforce our Customer Agreements

(a) If we think you have violated our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement., we have the right to suspend or terminate any or all of your Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. without prior notification. 

(b) We do not waive (in other words, give up) any rights under our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement. just because we have not previously enforced such rights.  To be legally binding on us, any waiver we grant must be in writing.  If we waive a violation of our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement., it does not mean that we are waiving other rights, including"including" or "include" means inclusion without limitation. in respect of earlier or later violations.

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10. Our Services are Not Guaranteed and Our Liability is Limited

(a) OUR SERVICES"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. ARE NOT GUARANTEED TO WORK OR TO BE ERROR FREE.  THE SERVICES"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.  THIS INCLUDES SO-CALLED “IMPLIED WARRANTIES” (SUCH AS THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).  IF THE LAW WHERE YOU LIVE SAYS WE CAN NOT EXCLUDE CERTAIN WARRANTIES, THEN THOSE WARRANTIES ARE NOT EXCLUDED.  

(b) EXCEPT FOR THE DIRECTORY LISTING SERVICE CREDITS DESCRIBED IN SECTION 4 AND THE SERVICE INTERRUPTION CREDITS DESCRIBED IN SECTION 7 OF THIS AGREEMENT"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time., TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH US, REGARDLESS OF THE BASIS OF ANY CLAIM.  FOR EXAMPLE, WE ARE NOT LIABLE TO YOU FOR LOSSES OR DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICES"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. (INCLUDING"including" or "include" means inclusion without limitation. 911 SERVICES), EQUIPMENT "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). OR SOFTWARE"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment..  IN NO EVENT WILL TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. BE REQUIRED TO CREDIT YOU AN AMOUNT IN EXCESS OF YOUR SERVICE FEES FOR THE MONTH DURING WHICH YOU SUFFER ANY LOSSES OR DAMAGES.

(c) THE SERVICES"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., EQUIPMENT "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). AND SOFTWARE"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment., AND THE COMMUNICATIONS YOU MAKE USING THEM, MAY NOT BE SECURE.  YOU ARE RESPONSIBLE FOR SECURING YOUR COMMUNICATIONS AND DATA.  TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. WILL NOT BE RESPONSIBLE IF A THIRD PARTY GAINS ACCESS TO YOUR SERVICES"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., EQUIPMENT, COMMUNICATIONS OR DATA.

(d) OUR SERVICES"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., EQUIPMENT "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). AND SOFTWARE"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment. MAY RESULT IN DAMAGE OR LOSS TO YOUR OWN SERVICES, EQUIPMENT, SOFTWARE AND DATA.  TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. IS NOT RESPONSIBLE FOR ANY SUCH DAMAGE OR LOSS. FOR EXAMPLE, WE MAY, AT THE REQUEST OF THE MANUFACTURER OF ANY THIRD PARTY DEVICE THAT YOU HAVE CONNECTED (OR AUTHORIZED TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. TO CONNECT) TO OUR NETWORK, DOWNLOAD SOFTWARE TO SUCH DEVICE, WHICH MAY CHANGE ITS FEATURES AND FUNCTIONALITY.  TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. IS NOT RESPONSIBLE FOR THESE DOWNLOADS OR ANY RESULTING LOSSES OR DAMAGES.

(a) Our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. are not guaranteed to work or to be error free.  The Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. are provided "as is" and "as available" without warranties of any kind.  This includes so-called “implied warranties” (such as those of merchantability or fitness for a particular purpose).  If the law where you live says we can not exclude certain warranties, then those warranties are not excluded.  

(b) Except for the directory listing service credits described in Section 4 and the service interruption credits described in Section 7 of this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time., TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. will not be liable to you for any losses or damages of any kind based on breaches of this agreement or your relationship with us, regardless of the basis of any claim.  For example, we are not liable to you for losses or damages that result from your use or inability to use the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. (including"including" or "include" means inclusion without limitation. 911 services), Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). or Software"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment..  In no event will TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. be required to credit you an amount in excess of your service fees for the month during which you suffer any losses or damages.

(c) The Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). and Software"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment., and the communications you make using them, may not be secure.  You are responsible for securing your communications and data.  TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. will not be responsible if a third party gains access to your Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., equipment, communications or data.

(d) Our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer). and Software"Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our Equipment. may result in damage or loss to your own services, equipment, software and data.  TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. is not responsible for any such damage or loss. For example, we may, at the request of the manufacturer of any third party device that you have connected (or authorized TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. to connect) to our network, download software to such device, which may change its features and functionality.  TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. is not responsible for these downloads or any resulting losses or damages.

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11. Your Privacy Rights and Obligations

(a) Your privacy interests, including"including" or "include" means inclusion without limitation. your ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Communications Act of 1934, as amended, and the Electronic Communications Privacy Act. You grant us permission to collect, use or disclose your personal information as described in our Subscriber Privacy Notice.

(b) It is our practice to give each new customer our Subscriber Privacy Notice at installation and to provide all customers with our Subscriber Privacy Notice at least annually.  You may obtain the Subscriber Privacy Notice at http://help.twcable.com/policies.html or from your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.

(c) When you or members of your household use our interactive features, you may provide us or third parties with your personal information.  For more information regarding our collection, use and disclosure of your personal information, see our Subscriber Privacy Notice

(d) TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. may (but has no duty to) disclose any information that it believes appropriate to protect its rights, comply with law, safeguard its personnel, property and operations, or where it believes that individual or public safety is in peril.

(e) You are responsible for protecting the information needed to securely access your account information and verify orders (for example, your social security number or passwords that we may issue to you).  If someone else acquires this information (through no fault of ours), we may assume that you have authorized that person’s use of the information and we may provide your personal information to that person as if they were you.

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12. You are Consenting to Phone and Email Contact

(a) We may call any number you provide to us (or that we issue to you) for any purpose, including"including" or "include" means inclusion without limitation. marketing of our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..  This is true even if your numbers are included on state or federal “do not call” lists.  However, if you ask to have your number placed on our “do not call” list, we will not call you at that number for marketing purposes.  To have your number placed on our “do not call” list, contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.

(b) We may email or text you using any address you provide to us (or that we issue to you) for any purpose, including"including" or "include" means inclusion without limitation. marketing of our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service.. You are responsible for any related charges (for example, charges for incoming text messages on your wireless phone).  If you ask to have your address placed on our “do not email” list, we will not email or text marketing messages to you at that address.  To have your address placed on our “do not email” list, contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.

(c) We may use automated dialing systems or artificial or recorded voices to call you.

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13. You are Consenting to Use Electronic Notices and Communications

(a) TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. may provide notices to you using any method we determine appropriate, including"including" or "include" means inclusion without limitation. by electronic means (for example, email or online posting).

(b) We may ask you to provide consents or authorizations, including"including" or "include" means inclusion without limitation. by electronic means (for instance, using your remote control to purchase a VOD movie, receive information regarding an advertiser’s products or “opt in” to a consumer study), and we are entitled to assume that any consent or authorization we receive through your Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. or from your location has been authorized by you.

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14. You are Agreeing to Limit the Time You Have to Bring a Legal Action

You waive (in other words, give up) the right to commence any proceeding against TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. in writing of the events giving rise to the proceeding within one year of their occurrence.

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15. Unless you Opt Out, You are Agreeing to Resolve Certain Disputes Through Arbitration

(a) Our goal is to resolve Disputes fairly and quickly.  However, if we cannot resolve a Dispute “Dispute” means any dispute, claim, or controversy between you and TWC regarding any aspect of your relationship with us, including those based on events that occurred prior to the date of this Agreement. with you, then, except as described elsewhere in Section 15, each of us agrees to submit the Dispute “Dispute” means any dispute, claim, or controversy between you and TWC regarding any aspect of your relationship with us, including those based on events that occurred prior to the date of this Agreement. to the American Arbitration Association for resolution under its Commercial Arbitration Rules or, by separate mutual agreement, to another arbitration institution.  As an alternative, you may bring your claim in your local “small claims” court, if its rules permit it. 

(b) You may bring claims only on your own behalf, and not on behalf of any official or other person, or any class of people. Only claims for money damages may be submitted to arbitration; claims for injunctive orders or similar relief must be brought in a court.  You may not combine a claim that is subject to arbitration under this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time. with a claim that is not eligible for arbitration under this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time..  The arbitrator will decide whether a dispute can be arbitrated. 

(c) The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. requests one.  Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institution that rendered the original award.  Any such appeal must be filed within 30 days and the appeal will be decided, based on that institution’s appeal rules, within 120 days of filing. 

(d) Before you initiate an arbitration proceeding, you may request that we advance on your behalf (1) the arbitration filing fees (but only to the extent they exceed your local small claims court filing fees) and (2) the portion of the arbitrator’s costs for which you would normally be responsible.  If TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. wins the arbitration, you will reimburse us for these advances.  TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. will, of course, pay any fees or costs required under the law where you live.

(e) You may opt out of this agreement’s arbitration provision.  If you do so, neither you nor TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. can require the other to participate in an arbitration proceeding.  To opt out, you must notify TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. in writing within 30 days of the date that you first became subject to this arbitration provision.  You must use one of these addresses to opt out:

Time Warner Cable
60 Columbus Circle, Rm 16-329
New York, NY 10023
Attn: Arbitration Opt-out

or

http://www.timewarnercable.com/arbitrationoptout

You must include"including" or "include" means inclusion without limitation. your name, address and TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. account number and a clear statement that you wish to opt out of this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time.’s arbitration obligation.

(f) If the prohibition against class action and other claims brought on behalf of third parties contained in Section 15(b) is found to be unenforceable, then all of Section 15 will be null and void.  This arbitration clause will survive the termination of your Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..

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16. Definitions

(a) "Agreement" means this Residential Services Subscriber Agreement, as amended from time to time.

(b) “Bandwidth Limit” means the aggregate amount of upstream and downstream data that a high-speed data customer may send and receive in a prescribed period (for example, a monthly billing period).

(c) "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time..

(d) “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. (and that you must return to us if the Service is cancelled).

(e) “Dispute” means any dispute, claim, or controversy between you and TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. regarding any aspect of your relationship with us, including"including" or "include" means inclusion without limitation. those based on events that occurred prior to the date of this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time..

(f) "Equipment" means Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). and other equipment utilized in connection with the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..  Equipment does not include wiring on your premises and does not include"including" or "include" means inclusion without limitation. your equipment (for example, your TV or computer).

(g) "HSD Service" and "High Speed Data Service" means our broadband Internet service and wireless data services as well as any OLP’s service you receive through our systems.

(h) "including" or "include" means inclusion without limitation.

(i) “Maximum Throughput Rate” means the highest Throughput Rate“Throughput Rate” refers to the rate at which data can be transferred between your location and our facilities over a given period of time.  The Throughput Rates that we mention in our marketing and other materials refer to our Maximum Throughput Rates. that is provided by your level or tier of HSD or Wireless Data Service, without use of our Power Boost feature.  Our Power Boost feature may provide additional bursts of download speed over and above your Maximum Throughput Rate“Maximum Throughput Rate” means the highest Throughput Rate that is provided by your level or tier of HSD or Wireless Data Service, without use of our Power Boost feature.  Our Power Boost feature may provide additional bursts of download speed over and above your Maximum Throughput Rate but only during the initial part of a download. but only during the initial part of a download.

(j) “Network Management Tools” are the tools and techniques we use to manage our network, ensure a quality user experience and ensure compliance with our Acceptable Use Policy.  Examples of some Network Management Tools can be found in our Acceptable Use Policy.  See http://help.twcable.com/policies.html or contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.

(k) "OLP" or "On-line Provider" means a provider of on-line services that you may purchase with our broadband Internet service but that does not itself provide Internet connectivity.

(l) "Services" refers to the services you buy from us.  These may include"including" or "include" means inclusion without limitation. video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service.

(m) "Software" refers to the software we provide to you in connection with the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service..  This also includes any executable code we provide for use on our Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer)..

(n) “Throughput Rate” refers to the rate at which data can be transferred between your location and our facilities over a given period of time.  The Throughput Rates that we mention in our marketing and other materials refer to our Maximum Throughput Rates.

(o) "TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., or any cable operator to whom we assign this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time..

(p) "Video Service" refers to the video and/or audio programming Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. we provide, including"including" or "include" means inclusion without limitation. VOD offerings.

(q) "Work Order" means the TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. work or service order that identifies the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. you receive.  You were probably provided with your Work Order when we initiated or last serviced your account but if you require a copy, please contact your local TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. office.

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17. Term of Agreement; Termination of Service

(a) This Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time. remains in effect until either of us terminates it.

(b) We may terminate your Service at any time for any or no reason.

(c) If you wish to terminate Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., you must notify us and provide us with reasonable opportunity to schedule a visit to your location to disconnect the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. and recover our Equipment "Equipment" means Customer Use Equipment and other equipment utilized in connection with the Services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer)..

(d) You cannot terminate Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. by writing "canceled" or any other message on your bill or check.

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18. You May Not Transfer Your Rights or Responsibilities to Another Person

Except with our consent, you may not transfer or assign (in other words, make another person legally responsible for) the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., the Customer Use Equipment “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled). or your obligation to comply with our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement..

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19. What Happens if the Law in Your Area Conflicts with our Customer Agreements

(a) Our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement. may be the subject of legal requirements that apply where you live.  If such a requirement conflicts with our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement. with respect to one or more Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service., the legal requirement will take priority over the part of our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement. with which it conflicts, but only with respect to that part and only with respect to the Services"Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and Digital Home Phone services, as well as equipment-based services like DVR service. to which such legal requirement applies.

(b) If a court or similar body determines that a portion of a Customer Agreement is invalid or unenforce­able, the rest of the agreement should stand.  The invalid or unenforceable portion should be interpreted as closely as possible (consistent with the law in your area) so as to reflect the intention of the original.  The only exception to this is that described in Section 15 regarding Arbitration.

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20. What Happens if There is a Conflict between our Customer Agreements

(a) The Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement. constitute the entire agreement between you and TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement..  You are not entitled to rely on any agreements or undertakings made by TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. personnel other than those contained in the Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement..

(b) If we have provided you with a non-English translation of any our Customer Agreements "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this Agreement., the English language version of that Customer Agreement will govern your relationship with TWC"TWC" means Time Warner Cable Inc. and the local TWC-affiliated cable operators that provide our Services, or any cable operator to whom we assign this Agreement. and will control in the event of a conflict. The translation is provided as a convenience only. 

(c) In the event of a conflict between the terms of this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time. and your Work Order"Work Order" means the TWC work or service order that identifies the Services you receive. You were probably provided with your Work Order when we initiated or last serviced your account but if you require a copy, please contact your local TWC office., then the terms of this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time. control. 

(d) In the event of a conflict between the terms of this Agreement"Agreement" means this Residential Services Subscriber Agreement, as amended from time to time. and the terms of any Addendum or the Terms of Service, the Addendum or Terms of Service, as applicable, control.

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