To use the TWC WiFi™ service (the “WiFi Service”) you must read and agree to these Terms of Service.
These Terms of Service, as well as your TWC Customer Agreement (if applicable), form a binding agreement between you and Time Warner Cable Inc. (and its affiliates and subsidiaries) (“TWC”, “we”, “us”).
By accepting these Terms of Service, you represent that you are of legal age to agree to these Terms of Service or, if you are a minor accessing the WiFi Service as a “Sub User” under a TWC residential customer account, that you have obtained your parent’s or legal guardian’s consent, and the consent of the primary account holder (if different), to do so. If you do not agree to these Terms of Service, you should not check the “I have read and agree to the Terms of Service” box and may not use the WiFi Service.
If you are a Time Warner Cable Business Class customer, the terms of your Time Warner Cable Business Class Master Agreement (including any usage restrictions, disclaimers and limitations on liability) are hereby incorporated into, and made a part of these Terms of Service, and shall apply to your use of the WiFi Service.
If you are a Time Warner Cable residential customer, the terms of the following agreements and policies (collectively, the “Residential Service Agreement”) (including any usage restrictions, disclaimers and limitations on liability) are hereby incorporated into, and made a part of these Terms of Service, and shall apply to your use of the WiFi Service:
The WiFi Service shall be considered part of TWC’s “Services,” as that term is defined and used in the Time Warner Cable Business Class Master Agreement or the Residential Service Agreement, as applicable (your “TWC Customer Agreement”). If any provision of these Terms of Service is inconsistent with the terms of your TWC Customer Agreement, these Terms of Service will control solely as to your use of the WiFi Service.
If you are not a Time Warner Cable customer who qualifies to receive the WiFi Service as described in Section 3 above but are the patron of a Time Warner Cable customer that is offering a WiFi Service access point at the customer’s location, you may access the WiFi Service at such location by following the instructions on the WiFi Service sign-in page. Your access to the WiFi Service while patronizing a Time Warner Cable customer may be limited to a maximum of one or two hours within any 24-hour period, depending on the terms agreed to between TWC and such customer. You will not be entitled to receive any refunds or credits for any interruption or failure of the WiFi Service.
If you are not a Time Warner Cable customer who qualifies to receive the WiFi Service as described in Section 3 above, you may access the WiFi Service using an “Access Pass” if Access Passes are available in your area. Where available, you may purchase an Access Pass by following the instructions on the WiFi Service sign-in page. Access Passes can be purchased for 1-hour, 24-hour, 7-day and 30-day access periods.
In order to purchase an Access Pass, you must create a WiFi Service account by providing all information requested on the WiFi Service registration pages, including a valid credit card number as the payment method for the Access Pass you select. You agree to pay all fees charged for the WiFi Service based upon the Access Pass you select, plus any applicable taxes. Charges will be incurred at the time of purchase. In the event we are unable to charge WiFi Service fees to the credit card number you have provided, you remain responsible for any such fees and agree to pay by another means acceptable to us. You will not be entitled to receive any refunds or credits for any interruption or failure of the WiFi Service.
Each Access Pass entitles you to a continuous period of WiFi Service commencing as of the time of your Access Pass purchase and continuing for the time period you have selected (either 1 hour, 24 hours, 7 days or 30 days). You do not need to stay logged to the WiFi Service during your Access Pass access window, and are free to sign out and sign back in again at any time prior to the expiration of that window.
If you are not a Time Warner Cable customer who qualifies to receive the WiFi Service as described in Section 3 above, and you received a promotion code for a free WiFi Service trial period, you are entitled to access the WiFi Service for free for the trial period. You can redeem your promotion code by entering it on the WiFi Service sign-in page.
Use of a promotion code entitles you to a continuous period of WiFi Service commencing as of the time you enter your promotion code and access the WiFi Service and continuing for the free trial period. You do not need to stay logged to the WiFi Service during your free trial period access window, and are free to sign out and sign back in again at any time prior to the expiration of that window. You will not be entitled to receive any refunds or credits for any interruption or failure of the WiFi Service.
There is no restriction on the number of devices you may use to connect to the WiFi Service, provided however, that no more than three devices can be connected simultaneously under your account at any one time.
Devices will automatically be disconnected from the WiFi Service after 15 minutes of inactivity.
To access the WiFi Service, you must be located within the coverage area of an available access point, and you must have a WiFi enabled device that meets the technical specifications for the WiFi Service. In addition, if you are a Time Warner Cable customer accessing the WiFi Service at no charge, your Time Warner Cable account must be in good standing.
Your WiFi Service may include an “Auto Connect” feature which if provided by TWC, will automatically log your WiFi-enabled device on to the WiFi Service when the device is within the coverage area of an available access point. Where available, the Auto Connect feature provides automatic log-on for 365 days, after which you would need to reselect the option.
To provide the WiFi Service to you, we and our partners and licensors may need to collect data about you, including your Time Warner Cable email address and password, the configuration of your WiFi-enabled device and the unique device identifier (“Device ID”) associated with your device (such as a serial number and/or MAC address). We also may collect usage data relating to your use of the WiFi Service, which data will be collected in the aggregate and linked only to your Device ID. You hereby agree and consent to our and our partners' and licensors' collection, use, transmission, processing and maintenance of such data in connection with our provision of the WiFi Service (including for purposes of improving the WiFi Service, contacting you regarding the WiFi Service or other TWC products or services, and providing customer support and maintenance for the WiFi Service).
We will use and disclose any personally identifiable information that we may collect from you in connection with your use of the WiFi Service (for example, your email address) in accordance with the terms of the Time Warner Cable Subscriber Privacy Notice.
You may not provide any person who is not a member of your household with access to the WiFi Service, whether for a fee or otherwise. You agree to take reasonable precautions to prevent others from gaining unauthorized access to your WiFi Service account. You will be responsible for all activities taking place under your WiFi Service account.
You must (a) provide accurate and complete WiFi Service sign-in and registration information, (b) provide all equipment (i.e., a WiFi enabled device that meets the technical specifications for the WiFi Service) to connect to the WiFi Service, (c) protect the password, username and security information you use to access the WiFi Service, (d) notify us immediately of any unauthorized use of your WiFi Service account, and (e) comply with all applicable local, state, federal and international laws and regulations, including copyright and intellectual property rights laws, in your use of the WiFi Service.
We sometimes partner with event sponsors, stadiums, arenas and/or event spaces to provide the WiFi Service to attendees of popular sports, music, political and other events, and those sponsors, stadiums, arenas and/or event space owners (“Event Partners”) may use content filtering technology to ensure that event attendees using the provided WiFi network cannot access content or websites deemed inappropriate or offensive by the Event Partner(s). Accordingly, when using the WiFi Service at a partner event, your ability to access certain websites or content may be impacted, and you may receive an error message indicating that access to the requested website is blocked or disabled. TWC does not control the content filtering technology(ies) employed by its Event Partners.
THE WIFI SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WHATSOEVER INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, 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 THESE TERMS OF SERVICE. WE MAKE NO WARRANTIES THAT THE WIFI SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE WIFI SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE.
THE WIFI SERVICE SHOULD NOT BE RELIED ON FOR CRITICAL USES. THE WIFI SERVICE USES RADIO TRANSMISSIONS, SO YOU MAY NOT BE ABLE TO USE THE WIFI SERVICE IF YOUR WIRELESS DEVICE IS NOT WITHIN RANGE OF AN AVAILABLE ACCESS POINT. EVEN WITHIN A COVERAGE AREA, THERE ARE MANY FACTORS THAT MAY IMPACT AVAILABILITY AND QUALITY OF THE WIFI SERVICE, INCLUDING NETWORK CAPACITY, TERRAIN, TREES, PLACEMENT OF BUILDINGS AND THE CHARACTERISTICS OF YOUR WIRELESS DEVICE AND ANY DEVICE TO WHICH IT IS ATTACHED. DATA DELAYS AND OMISSIONS MAY OCCUR.
WE MAKE NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE WIFI SERVICE OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR OTHER DEVICES OR ONLINE WIRELESS COMMUNICATIONS. YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “TWC PARTIES”) WILL HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WIFI SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR EQUIPMENT AND COMMUNICATIONS.
IN NO EVENT (INCLUDING NEGLIGENCE) WILL TWC OR ANY OF THE OTHER TWC PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, INABILITY TO USE, OR THE QUALITY OF, THE WIFI SERVICE. FURTHER, OUR LIABILITY, AND THE LIABILITY OF THE OTHER TWC PARTIES, RELATING TO THE WIFI SERVICE WILL NOT EXCEED, AND YOUR EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM YOUR USE OF THE WIFI SERVICE (REGARDLESS OF THE NATURE THEREOF) IS LIMITED TO, THE FEE(S) PAID BY YOU FOR THE WIFI SERVICE.
If a third party sues TWC based on your use of the WiFi Service, you will indemnify TWC (in other words, make us whole) for any losses, including reasonable attorneys’ fees, that TWC suffers.
We reserve the right to change these Terms of Service at any time without prior notice to you by amending the online version posted on the WiFi Service website. Any such changes to the Terms of Service will be effective upon posting of the revised Terms of Service on the WiFi Service website. Your continued use of the WiFi Service following any change to these Terms of Service constitutes your consent to such change and your agreement to be bound to the Terms of Service as so modified.
We may suspend, restrict or terminate your access to or use of the WiFi Service at any time and for any reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or your TWC Customer Agreement) and without prior notice to you, and you agree that we will have no liability to you as a result of such suspension, restriction or termination. We reserve the right to take any steps that we believe are necessary or appropriate to enforce and/or verify your compliance with these Terms of Service and, where applicable, the terms of your TWC Customer Agreement.
If a court or similar body determines that a portion of these Terms of Service is invalid or unenforceable, the remaining portion of these Terms of Service will remain in full force and effect. 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. Except with our prior written consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by or your obligation to comply with these Terms of Service.
These Terms of Service, together with your TWC Customer Agreement (if applicable), constitute the entire agreement between you and TWC relating to the WiFi Service. You are not entitled to rely on any other agreements or undertakings relating to the WiFi Service.