1. law, govt and politics

SERVICE DETAILS,
POLICIES AND
CUSTOMER AGREEMENTS
ALL CUSTOMERS
CHARTER COMMUNICATIONS TERMS AND CONDITIONS OF RESIDENTIAL
SERVICE (“AGREEMENT”)
Following are the terms and conditions that govern the relationship between you (“you,” “your,” or
“customer”) and the subsidiary of Charter Communications® that operates the cable system in your area
(“Charter,” “we,” “us,” or “our”) regarding your cable service (“Video Service” or “TV Service”). If Charter
provides Charter Phone® service (“Telephone” or “Phone”) in your area, it will be provided through the
Charter Phone affiliate servicing your area, and you will be bound by the terms and conditions set forth
in this Agreement applicable to such service, in addition to the Charter Advanced Services’ Service, Price
and Terms Guide(s), also located on Charter’s website at “www.charter.com” under “Terms of Service/
Policies,” then “Charter Phone Service, Price and Terms Guides / Tariff Information.” If there is any conflict
between the terms applicable to Phone service in this Agreement and Charter Advanced Services’ Service,
Price and Terms Guide(s), the terms of Charter Advanced Services’ Service, Price and Terms Guide(s)
will control. If you receive Charter Internet service (“HSI”), you will also be bound by the Charter Internet
Subscriber Agreement and Acceptable Use Policy, both located at “www.charter.com” under “Terms of
Service/Policies.” Each of the Video Service, Phone and HSI are a “Service” and collectively the “Services.”
The Services are also subject to the Annual Notice that you will receive each year, which contains, among
other things, Charter’s Privacy Policy.
This is an important contract between you and Charter. Please retain this and all accompanying
documents referred to herein or regarding your Services with your important papers. Your signature
on the work order presented to you upon installation of TV Service, Phone or Internet and/or your use of
TV Service, Phone or Internet are evidence of your agreement to the terms and conditions set forth herein.
We may change our prices, fees, the Services and/or the terms and conditions of this Agreement, or any
other customer agreement in the future, and we will provide you advanced notice of any such changes.
Your continued use of the Services, more than 30 days after notice of the change, shall be considered
your acknowledgement and acceptance of the changes. The current version of this Agreement and all
documents referred to herein may always be found at “www.charter.com.” You may not modify this
Agreement by making any typed, handwritten, or any other changes to it for any purpose. For purposes of
this Agreement, “affiliate” means any subsidiary of Charter Communications, Inc.
Unless you have entered into a Term Contract (term defined below), you have subscribed to Service
to be provided on a month-to-month basis. PURSUANT TO SUCH MONTH-TO-MONTH SERVICE
RELATIONSHIP, CHARTER WILL CONTINUE TO PROVIDE YOU AND YOU WILL BE RESPONSIBLE FOR
THE SERVICE(S) TO WHICH YOU HAVE SUBSCRIBED, IN EACH SUCCESSIVE MONTH UNTIL THIS
AGREEMENT IS TERMINATED IN ACCORDANCE WITH ITS TERMS.
If you are a customer of commercial services, sold under the Charter Business® brand, this Agreement
does NOT apply to you.
CHARGES AND BILLING
You agree to pay all charges associated with Service, including, but not limited to installation charges;
disconnect charges; monthly service charges; equipment charges; surcharges; service call charges;
applicable federal, state and local taxes; and any fees or payment obligations imposed or permitted by
governmental or quasi-governmental bodies for the sale, installation, use or provision of Service. You
warrant that you owe no monies to Charter from prior accounts with Charter. In the event that Charter
finds that you owe any amounts from an undisclosed prior account, Charter may apply any funds received
from you to such prior account, and suspend or terminate Service until all amounts owed are paid in
full. You agree to pay any regulatory recovery fees for municipal, state and federal government fees,
assessments or payment obligations imposed or permitted.
You are also responsible for paying any government imposed fees and taxes, including franchise fees.
Charter will review on a quarterly and annual basis the amount it collects in franchise fees and taxes and
start refunding to current subscribers franchise fees and taxes it may have collected in excess of sums due
to governmental authorities within 15 months of the end of each calendar year. In some cases, you may be
1
billed for franchise fees that relate to time periods before you began receiving service. Charter will not bill
you for these past franchise fees more than 4 years after the year they are incurred by Charter. Franchise
fees resulting from an audit by your franchising authority are incurred at the time those fees are assessed.
Video price information for your community can be found on the current rate card for the cable television
system in your area.
Term Contracts. If you have completed a separate service agreement with Charter in which you commit
to subscribe to any Service for a minimum term (“Term Contract”), your price and special terms for such
Service is as specified in such contract. Refer to “www.charter.com” under “Terms of Service/Policies”
for details.
Charter Refund Policy/30-Day Guarantee. New Charter customers (those who have not been Charter
customers for 30 days prior to subscription) qualify to have all levels of subscription service refunded/
credited if not fully satisfied with the service. Current customers adding a new level of subscription
service qualify to receive a refund/credit on those newly added subscription services only. Refund valid
for customers who pay for their first month of new or upgraded monthly recurring subscription services
including Video, Internet and/or Phone Service, hardware purchased or leased, and installation (when
customer paid for installation). Pay-Per-View and other non-recurring subscription purchases are not
refundable. Limited to one refund or credit per subscription per household. Refunds/credits will be given
only when request for cancellation of service is received by Charter within 45 days of installation of
service (30 days subscribing to the service, plus 15 day grace period for formal request of refund/credit).
Any equipment associated with the new subscription must be returned prior to release of refund/credit.
Any state taxes, franchise fees and other fees or charges that may apply are the responsibility of the
customer and will not be refunded or credited. Installation fees may apply for complex installation and
more than one outlet. Internet speeds may vary. Offer subject to change. Other restrictions apply.
You authorize us to make inquiries and to receive information about your credit, to retain this information
in your account, and to disclose this information to third parties for reasonable business purposes.
Billing Procedure. Unless you have signed a Term Contract, Service is provided to you on a month-tomonth basis. You will be billed monthly, in advance, for recurring service charges, equipment charges,
surcharges, taxes and fees. In addition, you must pay, on or before the day we install Service, the first
month’s service charges, equipment charges, any pre-payments or deposits, and any installation charges.
You may be billed for some programming after it has been provided to you; this may include, but is not
limited to charges for on-demand or pay-per-view movies or events. Your first bill may include pro-rated
charges for Service you have received. If you make partial payment of any bill, we will apply that payment
to the outstanding charges in the amounts and proportions that we determine. However, we do not waive
our rights to collect the full balance owed to us by accepting partial payment. Unless otherwise stated in
these Legal Terms for a particular Service, or subject to applicable law, if you intend to dispute a charge or
request a billing credit, you must contact us within sixty (60) days of the date on the bill. You waive any
disputes or credits that you do not report within sixty (60) days.
Failure to Pay. You may be billed late fees, charges and assessments related to late payments or nonpayments if for any reason (a) Charter does not receive from you any required payment for Service by
the payment due date or (b) you pay less than the full amount due for Service. We do not anticipate that
you will fail to pay for Service on a timely basis, and we do not extend credit to customers. Any late fees,
charges, and assessments due to late payment or non-payment do not constitute interest, credit service
charges, finance charges or penalties. A late fee is intended to be a reasonable advance estimate of costs
to manage past due accounts and may be charged through the disconnection date (e.g., the following,
if applicable: the additional expense associated with preparing additional bill statements, processing
Customer’s service records, mailing additional notices, tracking past due accounts, responding to inquiries
regarding past due balances, making collection telephone calls, performing special procedures to process
past due payments, generating work orders and performing necessary field work to collect past due
accounts). The amount of any late fee and other separate or additional charges are set forth in the current
rate card for the cable television system in your area or in the applicable terms and conditions for other
Services. Charter’s late fee practices may be revised to comply with applicable federal, state or local laws,
rules or regulations. If you fail to pay the full amount due for Service then Charter, at its sole discretion
in accordance with applicable law, may also suspend or disconnect any or all other Services you receive.
2
Should you wish to resume a Service after any suspension, we may require you to pay a reconnection
fee. Should you wish to reinstate any or all Services after disconnection, we may require you to pay an
installation fee and/or service activation fee. These fees are in addition to all past due charges and other
fees. Reconnection of Service is subject to our credit policies, this Agreement and applicable law.
Third Party Charges. You acknowledge that you may incur charges for non-Charter services with
third-party service providers that are separate from the amounts you are charged by Charter. These may
include charges resulting from purchasing goods through your Video Service or otherwise. You are solely
responsible for all charges payable to such third parties, including all applicable taxes. In addition, you are
solely responsible for protecting the security of credit card and other personal information you provide to
others in connection with such transactions.
Payment by Credit or Debit Card, Check or Electronic Bill Pay. If you use a credit or debit card to pay
for Service, use of the card is governed by the card issuer agreement for that card, and you must refer to
that agreement for your rights and liabilities as a cardholder. If Charter does not receive payment from
your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand. If you make
payment by check, you authorize Charter to collect such payment electronically. You may not amend
or modify this Agreement with any restrictive endorsements (such as “paid in full”), releases, or other
statements on or accompanying checks or other payments accepted by Charter; any such notations
shall have no legal effect. If your card issuer or financial institution refuses payment for insufficient funds,
closed or unauthorized accounts, or any other reason, you will be charged an insufficient fund charge
(as set forth in the applicable Video Service rate card for the cable television system in your area or
in the applicable terms and conditions for other Services) for each instance in which such payment is
refused. You hereby authorize Charter to collect any declined amount and the insufficient funds charge(s)
electronically from the subject account. In addition, your Service may be suspended. This fee is in addition
to any charges your financial institution may assess. If initially rejected, Charter will make additional
multiple attempts to execute the payment for up to thirty days following the initial refusal. If you sign up
for electronic bill pay service, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer. You are responsible for all bill payments that you
authorize using the electronic bill payment service, and you accept responsibility for all activities that
occur through the use of your account or password. If you believe that your bill payment password or
other means to access your account has been lost or stolen, you must notify us at once by calling your
local office, during normal customer service hours.
Deposit. We may require you to pay a refundable deposit when you activate Service or receive certain
Equipment in connection with Service or if you fail to pay any amounts when they are due. If we
disconnect your Service or are otherwise required under applicable law to refund the deposit, we shall
return a sum equal to the amount you paid (without interest unless otherwise required by law) minus any
amounts due on your account (including without limitation, any amounts owed for Services or for any
Equipment that is damaged, altered or not returned).
CHANGES TO SERVICES
Subject to applicable law, we have the right to change our Services, Equipment and rates or charges, at
any time with or without notice. If you continue to receive Service after the change, it will constitute your
acceptance of the change. We also may rearrange, delete, add to or otherwise change programming or
features or offerings of Video Service. If we do give you notice, it may be provided on your monthly bill, as
a bill insert, in a newspaper or through other means of communication permitted under applicable law.
Parental control is available to block or restrict certain programming or channels. Information on how
to enable this feature is available from Charter upon request and at “www.charter.com.” It is your sole
responsibility to activate or otherwise enable this feature and to update settings if Charter rearranges,
deletes, adds or changes programming.
ACCESS TO PREMISES
You agree to allow us and our agents to access or enter your property where Service or Equipment
will be provided (the “Premises”), in order to install, configure, maintain, inspect, upgrade, replace and
remove Service and/or Equipment, and you agree to provide our employees and agents a safe working
3
environment. You warrant that you are the owner of the Premises or that if you are not the owner, you
have the authority to give us access to the Premises and agree to indemnify us from all owner claims
in connection with the installation and provision of Service. You agree to supply us or our agent, upon
request, the owner’s name, address and phone number and/or evidence that the owner has authorized
you to grant access to us and our agents to the Premises. You authorize any other adult resident or adult
guest at the Premises to grant us access to the Premises.
EQUIPMENT
Charter Equipment together with Customer Equipment is collectively referred to herein as “Equipment.”
Charter Equipment. You agree that all Charter Equipment belongs to us and will not be deemed fixtures
to or in any way part of the Premises. Charter Equipment includes all new or reconditioned equipment
installed, provided or leased to you by us, including but not limited to, cabling or wiring and related
electronic devices, receivers, remotes, access cards, cable modems, Multimedia Terminal Adaptor (MTA)
and any other hardware. You agree to use Charter Equipment only for Service pursuant to this Agreement
and will not use Equipment or Service, directly or indirectly, for any unlawful purpose or in violation of
any Charter policy. We may remove or change Charter Equipment at our discretion at any time Service
is active or following the termination of your Service. You agree that our addition, removal, or change
to Charter Equipment may interrupt Service. You may not sell, lease, abandon or give away Charter
Equipment, or permit any other service provider to use Charter Equipment. Charter Equipment may only
be used in the Premises. If you attempt to install or use Charter Equipment or Service at a location other
than the Premises, Service may fail to function. At your request, we may relocate Charter Equipment
within the Premises for an additional charge. You will not allow anyone other than Charter employees or
agents to service Charter Equipment. You are directly responsible for loss, repair, replacement and other
costs, damages, ongoing equipment rental fees and/or unreturned equipment charges if you do not return
Charter Equipment to us or fail to return Charter Equipment to us in an undamaged condition, reasonable
wear and tear excepted.
Customer Equipment. Customer Equipment consists of hardware or services that you elect to use and
provide (“Customer Equipment”) in connection with Services or Equipment. You agree to allow us and
our agents the right to install hardware in Customer Equipment, send software downloads to Customer
Equipment and install, configure, maintain, inspect or upgrade Customer Equipment to the extent
necessary to provide Service. You warrant that you are either the owner of Customer Equipment or that
you have the authority to give us access to Customer Equipment. Charter has no responsibility for the
operation or support, maintenance or repair of any Customer Equipment.
CHARTER DOES NOT WARRANT THAT CUSTOMER EQUIPMENT NOT MEETING MINIMUM
TECHNICAL SPECIFICATIONS WILL ENABLE SUCCESSFUL INSTALLATION, ACCESS, OPERATION OR
USE OF SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION
OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR CAUSE DAMAGE TO
CUSTOMER EQUIPMENT, YOU, YOUR PREMISES OR CHARTER EQUIPMENT. NEITHER CHARTER
NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER
FOR ANY SUCH FAILURE OR DAMAGE. YOUR USE OF CUSTOMER EQUIPMENT THAT DOES NOT
MEET MINIMUM TECHNICAL SPECIFICATIONS MAY PREVENT PROVISION OF SERVICE.
Unauthorized Attachments. You agree not to attach, install, or download any unauthorized device
or application to Equipment or Services. If you make any unauthorized connection, installation, or
download to, tamper with or modify Equipment, Services or our cable system or receive services without
authorization, we may terminate your Service, recover damages and/or pursue all remedies available
under applicable law. You agree not to install anything to intercept or receive Services or to assist any
person in intercepting or receiving our Services. You will not take action by attachment or otherwise to
impair the integrity of our cable system, degrade signal quality or strength or create signal leakage.
Unauthorized reception of Service may result in criminal fines and imprisonment.
Inside Wiring. You may install inside wiring, such as additional cable wiring and outlets, provided it
does not interfere with the normal operations of our network. If you have us install inside wiring, we will
charge you for that service. We consider all inside wiring your property, or the property of whoever owns
the Premises. Accordingly, you are responsible for the repair and maintenance of inside wiring. You may
4
subscribe to a wire maintenance service from us, and we will charge you for that service. If you do not own
the Premises, contact the owner about the repair or maintenance of inside wiring.
USE OF SERVICES
You agree that Service and Equipment will be used only for personal, residential, non-commercial
purposes and will not be duplicated except in compliance with applicable law. You will not exhibit any
programming (including PPV, VOD or digital music) in a commercial establishment or for commercial
purposes, and if you fail to abide by this restriction we may terminate or suspend Service and you accept
liability for all claims made as a result of such commercial exhibition. You will not resell or permit another
to resell Service in whole or in part. Use of Equipment or Service for transmission, communications or
storage of any information, data or material in violation of any regulation or law is prohibited. Charter has
the sole right to determine what constitutes inappropriate use of Equipment and Service. Charter has
no obligation to monitor content; however, you agree that Charter has the right to monitor content and
disclose any information necessary to comply with any law or regulation, to operate our Service properly
or to protect us and our other customers.
You have sole responsibility for ensuring that all users of Equipment and Services understand and comply
with this Agreement and any applicable Charter policies. You agree to indemnify, defend and hold
Charter and its affiliates, suppliers, and agents harmless from and against all claims, damages, expenses
(including reasonable attorney fees), and other liability arising out of the use of Service, Equipment or
the breach of this Agreement or any Charter policies by you or any other user of Services. You agree to
comply with all end user license requirements relative to the Equipment.
ASSIGNMENT
This Agreement and Service furnished hereunder may not be assigned by you to any other person,
successor tenant or occupant, or to any other address without the prior express authorization of Charter.
You agree to notify us immediately of any changes of ownership or occupancy of the Premises. We may
freely assign our rights and obligations under this Agreement with or without notice to you.
TERMINATION
Term. This Agreement will be in effect from the time that Service is activated until it is terminated as
provided for by this Agreement.
Your Termination Rights. Unless you have signed a Term Contract, you may terminate this Agreement for
any reason at any time by notifying Charter in person at your local Charter office, the address of which is
located on your statement, by sending a written notice to such address or by calling our customer service
number located on your bill statement.
Charter’s Termination Rights. Under the conditions listed below, subject to applicable law, we reserve
the right to act immediately and without notice to terminate or suspend Service. We may take these
actions if we: (1) determine that use of Services does not comply with this Agreement or any of our
policies, (2) determine that use of Services interferes with our ability to provide Service to you or others,
(3) reasonably believe that use of the Services may violate any applicable laws, and/or (4) determine that
you have threatened, harassed or endangered the safety of our personnel or agents. Obligations upon
Termination. Whether Service is terminated by you or Charter and subject to applicable law or the terms
of any agreements with governmental authorities, Charter shall bill you for all applicable fees and charges
until this Agreement has terminated, Service has been disconnected, and/or all Charter Equipment has
been returned (including continued charges for applicable Services through the later to occur of the
termination or disconnection of Service or your return of Charter Equipment).
5
Upon termination of this Agreement, you will immediately cease all use of Service and Charter Equipment
and pay in full all fees accrued for the Service through the termination date or Charter Equipment return
date. Within ten (10) days of the termination date, you will return all Charter Equipment to our local
office in good working order, normal wear and tear excepted. If you fail to return any Charter Equipment,
or Charter Equipment is damaged, in addition to other rights it may have hereunder, Charter reserves
the right to charge you ongoing equipment rental fees, an unreturned equipment fee, as set forth on the
current rate card for the cable television system in your area, or if no such fee is specified, an amount
equal to the replacement value of such equipment. Furthermore, Charter has the right to charge such
rate card specified amount (or if and only to the limited extent applicable, the replacement value) to any
payment card that Charter has on file for you in connection with such charges. Upon our request, you
will permit us and our employees, agents, contractors and representatives to access the Premises to
disconnect Service.
NO WARRANTY
EQUIPMENT AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. NEITHER CHARTER NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES,
AGENTS OR CONTRACTORS, WARRANTS THAT CHARTER EQUIPMENT OR SERVICE WILL
MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE OR OPERATE AS REQUIRED. ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, TITLE, FITNESS
FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED
UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS
AND NEGLIGENCE OF CHARTER AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND
SUPPLIERS (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR
REPRESENTATIVES) WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN
CONTRACT, TORT OR UNDER ANY OTHER LEGAL DOCTRINE.
EQUIPMENT. EXCEPT FOR WILLFUL MISCONDUCT, NEITHER CHARTER NOR ANY OF ITS
AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY
WHATSOEVER FOR ANY DAMAGE, LOSS OR DESTRUCTION TO CUSTOMER EQUIPMENT OR
PREMISES WITH RESPECT TO ITS INSTALLATION, MAINTENANCE OR OTHERWISE RELATED
TO THE PROVISION OF THE SERVICES. WITHOUT ABROGATING OR OTHERWISE LIMITING
THE FOREGOING LIMITATION, IN THE EVENT OF GROSS NEGLIGENCE (OR EQUIVALENT
BEHAVIOR) OR WILLFUL MISCONDUCT BY CHARTER, ITS SUPPLIERS, EMPLOYEES, AGENTS OR
CONTRACTORS, WE MAY PAY AT OUR SOLE DISCRETION A MAXIMUM OF $500. THIS SHALL
BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY. YOU UNDERSTAND
THAT CUSTOMER EQUIPMENT MAY NEED TO BE ACCESSED EITHER BY YOU OR BY US OR
OUR AGENTS, IN CONNECTION WITH THE INSTALLATION OR REPAIR OF SERVICES. THIS MAY
VOID WARRANTIES PROVIDED BY THE MANUFACTURER. NEITHER CHARTER NOR ANY OF
ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER AS THE
RESULT OF THE VOIDING OF ANY SUCH WARRANTIES. YOU WAIVE ALL CLAIMS AGAINST
CHARTER FOR INTERFERENCE, DISRUPTION OR INCOMPATIBILITY BETWEEN CHARTER
EQUIPMENT OR SERVICE AND ANY OTHER SERVICE, SYSTEMS OR EQUIPMENT. IN THE EVENT
OF SUCH INTERFERENCE, DISRUPTION OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO
TERMINATE SERVICE.
FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL CHARTER BE LIABLE TO CUSTOMER FOR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS
ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY SUBCONTRACTORS OF
CHARTER, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON
BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND REGARDLESS
OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED
HEREIN FAILS. CHARTER’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH
RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY CHARTER OF ANY OBLIGATION
CHARTER MAY HAVE UNDER THESE TERMS AND CONDITIONS OF SERVICE OR APPLICABLE LAW,
SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT
OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY CHARTER. IN NO EVENT SHALL
CHARTER’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT
EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD.
6
Disruption of Service. In no event shall Charter be liable for any failure or interruption of Service, including
without limitation those failures and interruptions resulting in part or entirely from circumstances beyond
our control. Subject to applicable law, credit with respect to your recurring monthly subscription fee may
be given for qualifying Service outages.
ARBITRATION
The following provisions are important with respect to the Agreement between you and Charter regarding
Charter’s Services.
PLEASE READ THEM CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
This Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies
available to you in the event of a dispute.
Subject to the “Exclusions” paragraph below, Charter and you agree to arbitrate those disputes and claims
arising out of or relating to this Agreement or to any prior oral or written agreement for services between
Charter and you. Notwithstanding the foregoing, either party may bring an individual action on any matter
or subject in small claims court.
THIS AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE
FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE
ARBITRATION PROVISIONS.
A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate,
entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Charter should be addressed to: General
Counsel, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 (“Arbitration Notice
Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the
specific relief sought (“Demand”). If we do not reach an agreement to resolve the claim within 30 days
after the Notice is received, you or Charter may commence an arbitration proceeding, in which all issues
are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be
bound by the terms of this Agreement.
The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures
for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association
(“AAA”), as modified by this Agreement, and the arbitration shall be administered by the AAA.
CHARTER SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES.
The AAA Rules and fee information are available at www.adr.org, by calling the AAA at 1-800-778-7879,
or by writing to the Arbitration Notice Address.
YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION
INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS.
If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel
administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal
within 30 days after the date of entry of the arbitration award. The appealing party must provide the other
party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The
three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of
appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right
which may exist under the Federal Arbitration Act.
If the amount in dispute is less than $15,000, the arbitration shall be conducted solely on the basis of the
documents submitted to the arbitrator. In the event the amount in dispute is more than $15,000, Charter
agrees that you may choose whether the arbitration shall be conducted solely on the basis of documents
submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA
rules.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CHARTER ARE WAIVING THE
RIGHT TO A TRIAL BY JURY.
Unless Charter and you agree otherwise in writing, all hearings conducted as part of the arbitration shall
take place in the county (or parish) of your billing address.
7
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the
extent necessary to provide the specific relief warranted by that party’s individual claim. The arbitrator
must give effect to the limitations on Charter’s liability as set forth in this Agreement.
YOU AND CHARTER AGREE THAT YOU AND CHARTER MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and Charter
agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s
claims and may not otherwise preside over any form of representative or class proceeding. If this specific
paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and
void and rendered of no further effect with respect to the specific claim at issue.
Right to Opt Out. If you do not wish to be bound by these arbitration provisions, you must notify
Charter in writing within 30 days of the date that you first subscribe to the underlying service(s) under
this Agreement by visiting (www.charter.com/arbitration/optout), or by mail to the Arbitration Notice
Address. Your written notification to Charter must include your name, address, and Charter account
number as well as a clear statement that you do not wish to resolve disputes with Charter through
arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your
relationship with Charter or the delivery of services to you by Charter.
Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that
specific clause will be severed from these arbitration provisions, and the remainder of the arbitration
provisions will be given full force and effect.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THE ENTIRETY OF THESE
ARBITRATION PROVISIONS IS DETERMINED TO BE ILLEGAL OR UNENFORCEABLE FOR ANY REASON,
OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF
THESE ARBITRATION PROVISIONS WITH RESPECT TO THE SPECIFIC CLAIM AT ISSUE, BOTH PARTIES
AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
For purposes of clarification, all claims pertaining to billing errors must be raised/brought within 90 days
of the date of the invoice in which such alleged error occurred/arose or such claims shall be waived. For
purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be
severed from this Agreement, rendered null and void and of no further effect without affecting the rest of
the arbitration provisions set forth herein.
EXCLUSIONS. YOU AND CHARTER AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT
BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY YOU OR BY CHARTER ON ANY MATTER OR SUBJECT THAT
IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.
(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.
(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH
UNAUTHORIZED USE OR RECEIPT OF SERVICE.
For New York Video Customers. You may elect to resolve a Dispute through the New York Public Service
Commission in accordance with NYCRR 16§890.709(a) and NYCRR 16§709(c).
The foregoing arbitration provisions shall survive the termination of this Agreement.
PRIVACY AND SECURITY
Charter will provide you with a copy of our customer privacy policy at the time we provide Service to
you, and annually afterwards, or as otherwise permitted by law. You can view the most current version
of our privacy notice by going to “www.charter.com.” You assume sole responsibility for all privacy,
security and other risks associated with providing personally identifiable information to third parties via
the Service. To the extent that Charter is expressly required to do so by applicable law, we will provide
notice to you of a breach of the security of certain personally identifiable information about you. You
agree that Charter may collect and disclose information concerning you and your use of Service in the
manner and for the purposes set forth here and in our privacy policy. In order to protect the privacy of
your account information, Charter may require that you use a security code or other method, in addition
8
to the user name and password, to confirm your identity when requesting or otherwise accessing account
information or making changes to your Service through Charter’s customer service representatives. You
may also choose to designate an authorized user of your account (an “Authorized User”), who will be able
to access your account information and make changes to your account. Once established, an Authorized
User may be required to authenticate his/her identity in the same manner according to Charter’s policies.
GENERAL
The Service shall only be provided to Customer at the address where Charter’s installation is performed.
Customer may not transfer Customer’s rights or obligations to the Service to any successor tenant or
occupant or to any other address without Charter’s prior written consent.
If any portion of this Agreement is held to be unenforceable, only the unenforceable portion shall be
severed and rendered null and void, the remainder of the Agreement shall otherwise remain in full and
effect and be construed in accordance with applicable law as nearly as possible to reflect the original
intentions of the parties. If Charter fails to insist upon or enforce strict performance of any provision of this
Agreement, it does not thereby waive any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
Information for California Residents Only:
Under California Civil Code Section 1789.3, California residents are entitled to the following specific
consumer rights information:
(a) Contact Information. Customers can contact Charter at:
Charter Communications
Attn: Customer Care
12405 Powerscourt Drive
St. Louis, Missouri 63131-3660
1-888-GET-CHARTER
(b) Complaints. California residents with complaints may also contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in writing at: State of
California, Department of Consumer Affairs, 1625 North Market Boulevard, Sacramento, CA 95834 or by
telephone at: (916) 445-1254.
(c) Charges. Charges to Customer imposed by Charter for use of the Service are as follows: Current rates
for using the Service are in Charter’s Pricing Schedule, which is provided to Customer in the Welcome
Book, may be included in applicable Video Service rate card for the cable television system in your area
or in the applicable rates as set forth in the applicable Service Guide(s) posted at “www.charter.com.”
Charter reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any
time, all pursuant to this Agreement or the applicable Service Guide(s).
For information regarding notification of the sharing of certain personal information with third parties,
under California Civil Code Sections 1798.82 – 1798.84 visit www.charter.com Your Privacy Rights.
ALL CUSTOMERS
CHARTER RESIDENTIAL SUBSCRIBER PRIVACY POLICY
Charter takes the protection of our subscribers’ (“You,” “Your” or “Customer(s)”) privacy seriously.
The following privacy policy (“Policy”) applies to those Charter residential Customers who subscribe to
Charter’s residential video programming, high-speed Internet and/or telephone service (individually and
collectively the “Service”) and describes the Customer information that Charter collects and retains, how
Charter uses and protects it, the limited cases where Charter may disclose some or all of that information,
and Your rights under the Cable Communications Policy Act of 1984 (“Cable Act”). Depending upon the
Charter Service to which You subscribe, parts of this Policy may not be applicable to You. Charter values
Your privacy and considers all personally identifiable information contained in our business records to be
confidential. Please review this Policy and, if You are a Charter telephone service subscriber, the attached
Customer Proprietary Network Information (“CPNI”) Policy (the “CPNI Policy”), in conjunction with Your
9
service agreement, terms of service and acceptable use policy (“Your Service Agreement”). Charter will
provide You copies of this Policy annually and the CPNI Policy at least once every two years, whether
or not we have revised the policies. We may modify this Policy at any time. The most current version of
this Policy can be found on www.charter.com. If you find the changes unacceptable and if those changes
materially and adversely impact Your use of the Service, You may have the right to cancel Your Service
under Your Service Agreement. If You continue to use the Service following the posting of a revised Policy,
we will consider that to be Your acceptance of and consent to the Policy as revised.
What type of information does Charter collect?
Charter collects both personally identifiable information and non-personal information about You when
You subscribe to our Service. Charter uses its system to collect personally identifiable information about
You: (a) when it is necessary to provide our services to You; (b) to prevent unauthorized reception of
our services; and (c) as otherwise provided in this Policy. Charter will not use the system to collect Your
personally identifiable information for other purposes without Your prior written or electronic consent.
Charter also collects personally identifiable and non-personal information about You when You voluntarily
provide information to Charter, as may be required under applicable law, and from third parties, as
described in this Policy.
Personally identifiable information is any information that identifies or can potentially be used to identify,
contact, or locate You. This includes information that is used in a way that is personally identifiable,
including linking it with identifiable information from other sources, or from which other personally
identifiable information can easily be derived, including, but not limited to, name, address, phone or
fax number, email address, spouses or other relatives’ names, drivers license or state identification
number, financial profiles, social security number, bank account information, and credit card information.
Personally identifiable information does not include information that is collected anonymously (i.e.,
without identification of the individual or household) or demographic information not connected to an
identified individual or household.
Non-personal information, which may or may not be aggregated information about our Customers and
may include information from third parties, does not identify individual Customers. Charter may combine
third party data with our business records as necessary to better serve our Customers. Examples of
non-personal information include IP addresses, MAC addresses or other equipment identifiers, among
other data. Our systems may automatically collect certain non-personal information when You use an
interactive or transactional service. This information is generally required to provide the service and is
used to carry out requests a Customer makes through a remote control or set-top box.
We may also collect and maintain information about Your account, such as billing, payment and deposit
history; maintenance and complaint information; correspondence with or from You, information about the
service options that You have chosen; information the equipment You have, including specific equipment
identifiers; and information about Your use of our services, including the type, technical arrangement,
quantity, destination and amount of use of certain of those services, and related billing for those services.
Charter also collects customer-provided customization settings and preferences. By using our service,
You consent to our collection of this information and other information communicated to Charter such
as correspondence, responses to surveys or emails, information provided in chat sessions with us,
registration information, or participation in promotions or contests.
If You subscribe to our video service, then in certain of our systems, our set-top boxes automatically
collect information that may be used to determine which programs are most popular, how many set-top
boxes are tuned to watch a program to its conclusion and whether commercials are being watched, as
well as other audience-measurement focused information. Our processes are designed to track this
information and audience statistics on an anonymous basis. Information such as channel tuning, the
time the channel is changed, and when the set-top box is “on” or “off” is collected at a secure database
in an anonymous format. Charter, or our contractors or agents, may from time to time share the
anonymous information with our advertisers, content providers, or other third parties with whom we
have a relationship. We will not provide our advertisers, content providers, or these other third parties
with personally identifiable information about You unless we have received Your consent first, except as
required by law. (See “Who sees the information collected by Charter?”)
10
Why does Charter collect personally identifiable information?
Charter collects and uses personally identifiable information to:
• properly deliver our Services to You;
• provide You with accurate and high quality customer service;
• perform billing, invoicing and collections;
• provide updates, upgrades, repairs or replacements for any of our service-related devices or software
used in providing or receiving services;
• protect the security of the system, prevent fraud, detect unauthorized reception, use, and abuse of
Charter’s Services or violations of our policies or terms of service;
• keep You informed of new or available products and services;
• better understand how the Service is being used and to improve the Service;
• manage and configure our device(s), system(s) and network(s);
• maintain our accounting, tax and other records; and
• comply with applicable federal and state laws and regulations, as well as for the general administration
of our business.
You acknowledge and agree that all communications between You and Charter may be recorded or
monitored by Charter for quality assurance or other purposes.
If You use an interactive or transactional service, for example, responding to a survey or ordering a
pay-per-view event, the system will collect certain additional personally identifiable information, such as
account and billing information or Customer-provided locale and service preferences, to properly bill You
for the services purchased and to provide You with a more personalized experience. In addition, certain
information such as Your connections to our system is automatically collected to, for example, make it
possible for Your digital boxes to receive and process the signals for the services You order.
Charter may also collect personally identifiable information from third parties to enhance our customer
database for use in marketing and other activities. Charter also collects personally identifiable information
from third parties to verify information You have provided us and collects personally identifiable
information from credit reporting agencies to, for example, determine Your creditworthiness, credit score,
and credit usage. Charter also may maintain research records containing information obtained through
voluntary subscriber interviews or surveys.
If You subscribe to our high-speed Internet service, Charter transmits personally identifiable and nonpersonal identifiable information about You over the Service when You send and receive e-mail and
instant messages, transfer and share files, make files accessible, visit websites, or otherwise use the
Service and its features. Our transmission of this information is necessary to allow You to use the Service
as You have chosen and to render the Service to You.
Who sees the information collected by Charter?
Charter will only disclose personally identifiable information to others if: (a) Customer provides written
or electronic consent in advance, or (b) it is permitted or required under federal or applicable state law.
Specifically, federal law allows Charter to disclose personally identifiable information to third parties:
• when it is necessary to provide Charter’s services or to carry out Charter’s business activities;
• as required by law or legal process; or
• for mailing list or other purposes, subject to Your ability to limit this last type of disclosure.
To provide services and carry out our business activities, certain authorized people have access to Your
information, including our employees, entities affiliated through common ownership or control with Charter
and third parties that provide and/or include: billing and collection services; installation, repair and customer
service subcontractors or agents; program guide distributors; software vendors; program and other service
suppliers for audit purposes; marketers of Charter’s products and services; third party auditors; our attorneys
11
and accountants; and/or strategic partners offering or providing products or services jointly or on behalf
of Charter. The frequency of disclosures varies according to business needs, and may involve access on a
regular basis. Charter restricts third parties’ use of Your information to the purposes for which it is disclosed
and prohibits third parties from further disclosure or use of Your personally identifiable information obtained
from us, whether for that third party’s own marketing purposes or otherwise.
Unless You object in advance, federal law also allows Charter to disclose through “mailing lists,”
personally identifiable information, such as Your name, address and the level of Your service subscription,
to non-affiliated entities, including advertisers and marketing entities, for non-service related purposes,
including product advertisement, direct marketing and research. Under no circumstances will Charter
disclose to these advertising entities the extent of Your viewing habits or the transactions You make
over the system. Charter, or our contractors or agents, may from time to time share non-personal and/or
aggregate information such as the number of Service subscribers who match certain statistical profiles
(for example, the number of subscribers in various parts of the country) with our advertisers, content
providers, or other third parties with whom we have a relationship.
We may provide anonymous data to third parties who may combine it with other information to conduct
more comprehensive audience analysis for us and for television advertisers. This data helps program
networks and cable operators decide on which programs, channels, and advertising to carry. Charter
may also use that information to distribute targeted advertising to You without having disclosed any of
Your personally identifiable information to the advertisers. These advertisements may invite interactive
or transactional follow-up from You. By using any of Charter’s interactive services, You consent to our
collection of this additional information. Unless You consent first or except as required by law, only
anonymous information is disclosed to audience measurement services.
As part of its business activities, if Charter enters into a merger, acquisition, or sale of all or a portion of
our assets, Charter may transfer Customers’ personally identifiable and non-personal information as part
of the transaction.
If You subscribe to our telephone service, Your name, address and/or telephone number may be
transmitted via Caller ID, published and distributed in affiliated or unaffiliated telephone directories, and
available through affiliated or unaffiliated directory assistance operators. We take reasonable precautions
to ensure that non-published and non-listed numbers are not included in the telephone directories or
directory assistance services, although we cannot guarantee that errors will never occur. Please note that
Caller ID blocking may not prevent the display of Your name and/or telephone number when You dial
certain business numbers, 911, 900 numbers or toll-free 800, 866, 877 or 888 numbers.
If allowed by and after complying with any federal law requirements, Charter may disclose personally
identifiable information about Customer to representatives of government or to comply with valid
legal process, except as provided below, disclosures shall not include records revealing Customer’s
selection of video programming. Disclosures to representatives of government may be made pursuant
to an administrative subpoena, warrant, court order, our reasonable discretion in cases of emergency or
serious physical injury, or other permitted means. In these situations, Charter may be required to disclose
personally identifiable information about a Customer without Customer’s consent and without notice
to the Customer. Law enforcement agencies may, by federal or state court order, and without notice to
You, obtain the right to install a device that monitors Your Internet and e-mail use, including addresses
of email sent and received and in some cases the content of those communications; and/or Your use of
our telephone service, including listings of incoming and outgoing calls and in some cases the content
of those calls. In some instances where there are valid legal requests for or orders for disclosure of Your
information, we may notify You of the requests or orders and then it may be up to You to object or take
specific action to prevent any disclosures pursuant to those requests or orders.
Where a governmental entity is seeking personally identifiable information of a Customer who subscribes
to Charter’s video services only or records revealing Customer’s selection of video programming, the
Cable Act requires a court order and that the video subscriber be afforded the opportunity to appear and
contest in a court proceeding relevant to the court order any claims made in support of the court order. At
such a proceeding, the Cable Act requires the governmental entity to offer clear and convincing evidence
that the subject of the information is reasonably suspected of engaging in criminal activity and that the
information sought would be material evidence in the prosecution of the case. Except in certain situations
12
(such as with respect to those who owe, or are owed, welfare or child support) state welfare agencies may
obtain the names, addresses, and certain other Customer information as it appears in Charter’s subscriber
records under the authority of an administrative subpoena.
We may also use or disclose personally identifiable information about You without Your consent (a) to
protect our Customers, employees, or property, (b) in emergency situations, (c) to enforce our rights in
court or elsewhere, or directly with You, for violations of service terms, conditions or policies and/or (d) in
order to comply with the Digital Millennium Copyright Act or as otherwise required by law, for example,
as part of a regulatory proceeding.
Note to California Customers Regarding Your Privacy Rights:
California law requires Charter provide to certain Customers, upon request, certain information regarding
the sharing of personally identifiable information to third parties for their direct marketing purposes. As
mentioned above, Charter does not share personally identifiable information with unaffiliated third parties
for their own direct marketing purposes. However, Charter may share personally identifiable information
with some same-branded affiliates for those affiliates’ direct marketing purposes (and, if a Charter
telephone subscriber, then subject to the restrictions in the attached CPNI Policy). If You make a request
by phone or on-line, Charter will provide You with the number of its same-branded affiliates in California
and a list of personal information that it may have shared with some or all such affiliates.
Can I prohibit or limit Charter’s use and disclosure of my personally identifiable information?
If You do not want Your name, address, level of service or other personally identifiable information
disclosed to third parties in a “mailing list” as explained above, please register this preference at
http://unsubscribe.charter.com or by contacting us by telephone at 1 888 GET CHARTER. Customers
of our video service cannot opt-out of the collection of audience measurement data.
Also, if You do not want to receive marketing messages (e.g., phone calls, emails, and direct mail) from
Charter, You may call 1-888-GET-CHARTER or visit http://unsubscribe.charter.com and make a request
to have Your privacy preferences updated. Please note that such request will not eliminate all telephone
calls, emails or direct mail sent to You from Charter as Charter may still continue to send non-marketing
account-related messages to You.
How long does Charter maintain personally identifiable information?
Charter will maintain personally identifiable information about You as long as You are a subscriber
to Charter’s Service and as long as necessary for the purpose for which it was collected. If You are no
longer a subscriber to any Charter Service and the information is no longer necessary for the purpose for
which it was collected, Charter will only keep personally identifiable information as long as necessary to
comply with laws governing our business. These laws include, but are not limited to, tax and accounting
requirements that require record retention. Charter will also maintain personally identifiable information
to satisfy pending requests for access by a subscriber to his/her information or pursuant to a court order.
Charter will destroy Customers’ personally identifiable information when the information is no longer
necessary for the purpose for which it was collected, when there are no longer pending requests for such
information, and when it is no longer necessary to retain the information under applicable laws.
How does Charter protect customer information?
Charter takes the security of our Customers’ personally identifiable information seriously. Charter takes
such actions as are reasonably necessary to prevent unauthorized access by entities other than Charter to
personally identifiable information. Charter uses security and/or encryption technology to secure certain
sensitive personally identifiable information when it collects such information over the system. Charter
restricts access to its customer database and secures the content by use of firewalls and other security
methods. Charter limits access to databases containing Customers’ personally identifiable information to
those specifically authorized employees and agents of Charter and other parties identified in the “Who sees
the information collected by Charter?” section above. However, we cannot guarantee that these practices
will prevent every unauthorized attempt to access, use, or disclose personally identifiable information.
to the information. You also must take precautions to protect the security of any personally identifiable
information that You may transmit over any home networks, wireless routers, wireless fidelity (WiFi)
networks or similar devices by using encryption and other techniques to prevent unauthorized persons
from intercepting or receiving any of Your personally identifiable information. You are responsible for the
security of Your information when using unencrypted, open access or otherwise unsecured networks
in Your home. For more information on things You can do to help protect the privacy of Your own
information, visit www.charter.com/security or www.OnGuardOnline.gov.
Can I see the information that Charter collects about me?
You have a right under the Cable Act to see Your personally identifiable information that Charter collects
and maintains. The information Charter has about its Customers is maintained at the local offices where
service is provided, in our systems, and at our corporate headquarters. If You would like to see Your
information, please send a written request to Your local Charter office. To find the location of Your local
office please visit www.charter.com. Charter will be glad to make an appointment for You to come in to
Your local office during regular business hours. If Your review reveals an error in our records, Charter will
correct it. You may also be able to access certain information about You or Your account by telephone or
online at www.charter.com, depending upon the information You have provided.
Does Charter protect children’s privacy?
Charter is concerned about children’s privacy and does not knowingly collect personally identifiable
information from anyone under the age of 13 over its Service unless otherwise expressly identified. At
those specific parts of our Service, Charter will provide a special notice or other information describing
the additional privacy protections that may apply. Charter urges children to always obtain a parent or
legal guardian’s permission before sending any information about themselves over the Internet and urges
parents and legal guardians to be vigilant regarding children’s Internet usage. Other services or web pages
accessed through Charter’s Service may have different policies on collection of information pertaining
to children and You should consult their privacy policies and read their notices if You have any concerns
about the collection or use of such information by those entities.
How does Charter use cookies and web beacons?
A cookie is a small file that stores information in Your browser on Your computer. Charter places cookies
in Your browser that contain some of the information You provide when You register with us and when
You set up a personalized service or customize Your settings and preferences on our websites. Charter
does not store highly sensitive personal information such as Your password, e-mail address or credit card
number in cookies. Cookies enable Charter to summarize overall usage patterns for analysis. In addition,
Charter uses cookies to provide personalized services such as saving Your astrological sign on Charter.net.
Charter may also use cookies to provide a more useful online experience, such as allowing You to quickly
enter a sweepstakes if You’re already logged on.
A web beacon is an invisible graphic on a web page that is programmed to collect non-personally
identifiable information about Your use of a given site. Like cookies, web beacons allow Charter and its
technology providers to summarize overall usage patterns for our analysis and provide personalized
services. Charter does not share or provide personally identifiable information we may collect, such as
names, e-mail addresses and phone numbers with our advertisers without Your express permission.
However, Charter may provide site usage information linked to Your personally identifiable information
to law enforcement or others in compliance with valid legal process or in other situations as stated in the
“Who Sees the Information Collected by Charter?” paragraphs above.
You may opt-out of the cookies delivered by Charter on its websites by changing the setting on Your
browser. Depending on Your privacy settings, please be aware that this may disable all cookies delivered
to Your browser, not just the ones delivered by Charter. Because a “Do Not Track” protocol has not yet
been finalized, Charter’s information collection and disclosure practices, and the choices that we provide
to consumers, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track
signal is received.
You need to help protect the privacy of Your own information. You and others who use Your equipment
must not give identifying information to strangers or others whom You are not certain have a right or need
13
14
Targeted Advertisements
Charter wants to make the advertisements it provides more relevant to You. Charter collects and uses
non-personal information, such as information about your visits to our websites, ZIP Code, IP address
and information from third parties. We may also combine that information with personally identifiable
information, such as information You provide Charter and from Your Charter account. (See “What type
of Information does Charter Collect”). In addition, Charter may partner with third-party advertising
companies who may utilize cookies, web beacons, or other technology to deliver or facilitate the delivery
of targeted advertisements.
Charter also uses third-party advertising companies to identify and present tailored online advertisements
for its goods and services and uses anonymous ZIP Codes to geographically target online advertisements
for our other clients. Charter will not provide our online partners with access to Your name, address,
e-mail address, telephone number or other personally identifiable information without Your permission.
When targeted online advertisements displayed on third-party websites are based on Your personally
identifiable information or general location derived from your Charter IP address, You may opt-out by
going to http://unsubscribe.charter.com and updating Your privacy preferences. After doing so, we
recommend that You also remove any unwanted cookies from Your browser. For more information on how
to adjust these settings go to Charter.com > Support > Internet Help.
Some of the advertisements You see on cable channels are placed by us. Some of those advertisements
are placed in particular shows or channels; others are shown in particular geographic areas. Some of our
cable advertisements will ask for Your permission to take certain actions, like mail You information or
allow the advertiser to contact You; if You grant permission, we will use Your personal information for the
permitted purposes only. In some areas we will be able to target cable advertisements to Your household
that will be more relevant to Your interests based on information You provide us or information that we
receive from third parties. When those cable advertisements are directed to You based on Your personal
information, You can elect not to receive them. You may opt-out by going to http://unsubscribe.charter.com
and updating Your privacy preferences.
If you change or get a new account, You will need to review all of Your opt-out choices.
What can I do if I believe Charter has violated my rights?
You may enforce the limitations imposed on us by federal law with respect to the collection and disclosure
of personally identifiable subscriber information about You, through a civil action under federal law, in
addition to other rights and remedies that may be available to You under federal or other applicable laws.
What if I have any questions?
If You have any questions about our privacy protections and policies, please contact Your local customer
service office. You can find the phone number for Your local customer service office on Your monthly bill
statement or by visiting Charter’s website at www.charter.com.
IMPORTANT NOTE:
This Policy does not apply to Your use of any Charter website. You should review the privacy policy
applicable to each site, which is available under the “Your Privacy Rights” or “Privacy Policy” section of
each Charter website. This Policy also does not apply to those commercial customers who subscribe
to Charter Business’ commercial video programming, high-speed Internet and/or telephone service or
any other commercial customer. The Commercial Subscriber Privacy Policy is available under the “Your
Privacy Rights” section of www.charter.com.
Effective: December 16, 2013
Charter Residential Customer Proprietary Network Information (CPNI) Policy
The following CPNI Policy is in addition to requirements set forth in Charter’s Residential Subscriber
Privacy Policy and is subject to some permitted uses and disclosures of Your name, address, and/or
telephone number outlined in the Privacy Policy. The information that we have (1) relating to the quantity,
technical configuration, type, destination, location, and amount of Your use of telephone service, and /
or (2) contained on Your telephone bill concerning the telephone services that You receive is subject to
15
additional privacy protections. That information, when matched to Your name, address, and telephone
number is known as “Customer Proprietary Network Information,” or CPNI for short. Examples of CPNI
include information typically available from details on a customer’s monthly telephone bill—the type
of line, technical characteristics, class of service, current telephone charges, long distance and local
service billing records, directory assistance charges, usage data, and calling patterns. As a subscriber
to our telephone services, You have the right, and Charter has a duty, under federal law to protect the
confidentiality of CPNI. Charter offers many communications-related services, such as, for example,
Charter Internet services. From time to time we would like to use the CPNI information we have on file
to provide You with information about our communications-related products and services or special
promotions. Our use of CPNI may also enhance our ability to offer products and services tailored to Your
specific needs. We would like Your approval so that we, our agents, affiliates, joint venture partners, and
independent contractors may use this CPNI to let You know about communications-related services other
than those to which You currently subscribe that we believe may be of interest to You. You do have the
right to restrict this use of CPNI.
IF WE DO NOT HEAR FROM YOU WITHIN 30 DAYS OF THIS NOTIFICATION, WE WILL ASSUME
THAT YOU APPROVE OUR USE OF YOUR CPNI FOR THE PURPOSES OF PROVIDING YOU WITH
INFORMATION ABOUT OTHER COMMUNICATIONS-RELATED SERVICES. YOU HAVE THE RIGHT TO
DISAPPROVE OUR USE OF YOUR CPNI, AND MAY DENY OR WITHDRAW OUR RIGHT TO USE YOUR
CPNI AT ANY TIME BY CALLING THE TELEPHONE NUMBER REFLECTED ON YOUR MONTHLY BILLING
STATEMENT OR 1-888-GET-CHARTER. We will also honor any restrictions applied by state law, to the
extent applicable. Charter also offers various other services that are not related to the communications
services to which You subscribe. Under the CPNI rules, some of those services, such as Charter video
services, are considered to be non-communications related services. Occasionally, You may be asked
during a telephone call with one of our representatives for Your oral consent to Charter’s use of Your
CPNI for the purpose of providing You with an offer for products or services not related to the telephone
services to which You subscribe. If You provide Your oral consent for Charter to do so, Charter may use
Your CPNI for the duration of such telephone call in order to offer You additional services. Any action that
You take to deny or restrict approval to use Your CPNI will not affect our provision to You, now or in the
future, of any service to which You subscribe. You may disregard this notice if You previously contacted
us in response to a CPNI Notification and denied use of Your CPNI for the purposes described above. Any
denial of approval for use of Your CPNI outside of the service to which You already subscribe is valid until
such time as Your telephone services are discontinued or You affirmatively revoke or limit such approval
or denial. The CPNI Policy above may be required by law to apply to our Voice over Internet Protocol, or, IP
voice services.
Effective: May 4, 2009.
2012 ANNUAL CUSTOMER NOTICE
Charter Communications® (“Charter”) is required by applicable cable television law to provide you with
an annual notice of our TV products and services and associated conditions for service. If you have any
questions about this notice or about Charter’s cable and non-cable services or policies, please contact
Charter Customer Service or go to our website at charter.com.
OVERVIEW OF CHARTER’S TV SERVICES1*
CHARTER TV BASIC
(Basic Tier Availability) The Basic Service Tier, where available, is our lowest level of cable service. Charter
TV Basic includes off air broadcast stations and may include any franchise required public, educational
and government access channels. All such programming varies on a community-by-community basis and
is subject to change at any time, subject to applicable law. Pursuant to federal law, cable customers must
subscribe to Charter TV Basic in order to subscribe to any other cable video service.
16
EXPANDED SERVICE
CABLE COMPATIBILITY
The Expanded Service Tier, where available, is an optional level of service above and beyond Basic Service
and is billed separately from Basic Service. A customer must receive Charter’s Basic Service Tier, in order
to be eligible to receive Expanded Service. Expanded Service may include many of the non premium cable
channels such as the Discovery Channel®, Lifetime®, ESPN®, A&E®, the USA Network®, and TNT®. All
such programming varies on a community-by-community basis and is subject to change at any time,
subject to applicable law.
Most modern television sets and VCRs are cable compatible and can receive the analog and digital signals
carried on the cable system if those signals have not been encoded to secure the signal. “Cable-ready”
television sets may be connected directly to the cable system and will receive the non-secure analog
or unencrypted digital signals present on the system. Except for some television sets equipped to use
the CableCARD technology, described later in this notice, television sets may not receive the digitally
encrypted signals carried on Charter’s cable system without a receiver provided by Charter. A receiver
may also be required if the television set is not cable ready and cannot receive the large number of
channels available on the cable system.
CHARTER TV DIGITAL PACKAGES & TIERS
There are various digital TV packages and options for a customer to choose including Charter TV in
Digital, Charter TV Select, Charter TV Silver and Charter TV Gold. Where available, these packages
provide an optional level of service that requires a receiver and provides access to an array of movies and
other programming in crisp digital-quality picture and sound. Additional channel tiers offered: Digi Tier
1 which includes NFL Network, ESPN U, Investigation Discovery, Nick Jr. and a variety of other channels,
Digi Tier 2 which includes NFL RedZone, Fox Soccer, Smithsonian Channel, Boomerang and a variety of
other channels, Sports View, Faith & Values View, and Latino View.
PREMIUM SERVICES
Premium Services are available on a per channel or per service basis. Premium Channels generally include
Home Box Office®, Cinemax®, Starz®, Encore®, Showtime®, The Movie Channel™ and EPIX™. There is a
separate monthly charge for premium channels.
OTHER OPTIONAL SERVICES
In addition to these programming services, Charter or its leasing affiliates may also offer its customers,
for an additional monthly charge, the rental of receivers or remotes, and the following services where
available: HD, DVR, Charter Internet and Charter Phone.
A NOTE ABOUT PROGRAMMING
Charter receives programming from various broadcast and cable networks. Charter is not responsible
for the content or schedule aired by these networks. Please contact specific cable or broadcast networks
directly with your programming complaints or questions. You will find pricing and channel line-ups
for your specific area provided with this notice. You may also view the channel line-ups and additional
services available in your area at www.charter.com.
Services listed in this notice may not be available in all Charter areas. Digital equipment may be required
to view certain channels or receive certain services. Please contact your local Charter office or customer
service number if you have any questions about service availability.
1
*Not applicable to all Charter Business video customers (exceptions may exist by product type).
HOW TO USE YOUR TV SERVICES*
Charter’s broadband network and customer premises equipment, including the receiver and modem, are
designed to be safe and reliable for carrying television, Internet and phone signals. Here are just a few tips
to keep it that way:
1. During severe electrical storms you should unplug your television set and cable receiver to avoid
damage. Charter and television set manufacturers are not responsible for damage that occurs due to
acts of nature.
2. Remember your receiver operates on 110 volts so take all the precautions that you would for any small
appliance, such as checking to see that the cord is not worn or damaged.
3. For your own safety, do not attempt to open or otherwise tamper with your receiver.
17
4. If you have someone other than Charter install the inside wiring in your home, or if you do it yourself,
you are responsible for ensuring that the wiring does not interfere with the normal operation of the
cable system and that it complies with applicable federal regulations, including protections against
signal leakage.
ABOUT YOUR RECEIVER
Even if your television set is cable compatible or cable-ready, you may still need a receiver to receive
secure signals that are carried on the cable system. Secure signals include services that have been
secured by the cable system and are delivered only to those customers who elect to have them as part
of their service package. The receiver is a tuner/decoder. It receives the cable channel selected by the
customer and converts it to a format that can be received by the customer’s television set or device. This
converted signal is usually displayed on channel 3 or 4 on the customer’s television set or device. Some
receivers also provide video and audio outputs, which can be connected to the video and audio inputs of
the customer’s devices if they are present. Operating your television set after it is connected to the cable
television system is easy. Turn on your television and the cable receiver. Select the appropriate input
on your television set. This connection could be RF, video baseband, component or HDMI input. For RF,
ensure your television set is tuned to the proper channel to receive the signals from the receiver (channel
3 or channel 4). Select the channel you wish to watch by selecting it on the receiver using the remote
control. To ensure reliable operation, confirm the receiver is plugged into a non-switched power outlet
(one that is not controlled by a light switch) and that connections on the back are secure. Loss of power to
the receiver may result in a temporary loss of your cable television service.
NOTE: THE RECEIVER AND REMOTE CONTROL RENTAL DEVICES ARE THE PROPERTY OF CHARTER
(OR ITS LEASING AFFILIATES) AND MUST BE RETURNED TO CHARTER WHEN YOU ARE NO
LONGER A CUSTOMER. FAILURE TO RETURN ANY PROPERTY OF CHARTER WILL SUBJECT YOU TO
ADDITIONAL CHARGES, POSSIBLE CRIMINAL PROSECUTION, AND MAY RESULT IN YOUR CREDIT
REPORT BEING NEGATIVELY IMPACTED.
PAY-PER-VIEW AND ON DEMAND
Where available, Pay-Per-View and On Demand are for private, in-home viewing only; no commercial
establishments. To order one of these services, your account must be current.
Customers with digital receivers may order using Charter’s remote control. To prevent unauthorized use in
your household, you are responsible for setting up a PIN, Parental Control and Rating preference. Charter
will not give credit for the following circumstances:
1) unauthorized use, 2) if you tape a Pay-Per-View event or movie and are not present to monitor the
taping, 3) if you do not call to report reception problems while the movie or event you ordered is on, or 4)
if you do not call to report you did not receive the movie you ordered, while that movie is on.
INSTALLING YOUR VCR AND DVD
Your DVD/VCR can be used to enhance your cable television experience. Installation of your VCR
or DVD can be completed through a variety of different methods depending upon your viewing and
recording requirements. Different options for installing your VCR or DVD are described below. If you
need assistance, Charter personnel will help you understand how to make DVD/VCR and cable television
service compatible entertainment components. You can have maximum flexibility in watching what you
want to watch, when you want to watch it.
18
How to Connect Your DVD Player, Receiver and TV
ADDITIONAL EQUIPMENT
Cable jumpers, signal splitters, amplifiers or A/B switches may cause signal degradation if they do not
meet Charter’s standards. Please contact us for assistance in connecting any additional equipment to your
home network. All cable connections must be properly prepared and must be properly tightened.
COMPATIBLE REMOTE CONTROLS
• Cable from Cable Outlet to IN of Receiver.
• Cable from OUT on Receiver to IN on TV.
• Audio/Video cables from OUT on DVD to Audio/Video IN on TV. (Match colors of cables red-to-red,
yellow-to-yellow, etc.)
How to Connect Your DVD Player, Receiver, TV and VCR
Charter uses digital receivers or analog receivers with decoders that work in conjunction with
universal remote controls. Universal remote controls are available from retail stores. The following is a
representative list of compatible remote controls currently available from retail stores. Although Charter
has endeavored to ensure the accuracy of the list, errors or omissions may occur. Please note that this list
of current universal remote control units may become obsolete with technological changes. Should you
have a question about the compatibility of your remote control unit, please call the remote manufacturer
or contact Charter.
Make Description Model
GE 4-Device Glow Keys Universal Remote 24906
Logitech Harmony 5-Device Advanced Universal 650
Logitech Harmony 15-Device Advanced Universal 915
Logitech Harmony 15-Device with Color Touch Screen 1100
RCA 5-Device Universal RCRP05
RCA 8-Device Universal Big Button RCR4358
Sony 8-Device Universal Learning Remote RMVL600
Universal Remote Control 7-Device Universal R7
• Cable from Cable Outlet to IN of Receiver.
Universal Remote Control 18-Device Digital Universal R50
• Cable from OUT on Receiver to IN on VCR.
Zenith 8-Device Universal Remote ZC800
• Cable from OUT on VCR to IN on TV.
• Audio/Video cables from OUT on DVD to Audio/Video IN on TV. (Match colors of cables red-to-red,
yellow-to-yellow, etc.)
SPECIAL EQUIPMENT
How to Connect Your DVD Player, Receiver, TV, VCR and Game
BYPASS SWITCHES/SPLITTERS: This switch is installed on the input side of the receiver to permit
signals to bypass the receiver and be routed directly to your television set, DVD or VCR. This will permit
the simultaneous recording and viewing of different non-secure programs, the consecutive recording of
non-secure programming on different channels, and the use of picture-in-picture features for non-secure
channels. This switch may be part of your receiver or it may be a separate device.
CUSTOM SETUP: If you wish to receive two secure channels at the same time (so that you can watch
a secure channel while recording another secure channel), a dual tuner receiver or two single tuner
receivers can be installed to facilitate this request.
• Cable from Cable Outlet to IN on Receiver.
• Cable from OUT on Receiver to IN on VCR.
• Cable from OUT on VCR to IN on TV.
• Audio/Video Cables from Game to Audio/Video IN on TV (or VCR).
• Audio/Video Cables from DVD to Audio/Video IN on TV.
AMPLIFICATION EQUIPMENT: Charter is required by federal regulation to deliver a minimum signal
to each television set. Charter’s network is designed to provide the required signal for up to four home
devices. If five or more outlets or devices are connected to the home network, a signal amplification device
may be required and may be sold to the respective customer. Charter will install the amplification device.
CABLECARDs: The CableCARD is a piece of equipment, about the size of a credit card, designed to allow
a customer to see digital encrypted cable channels without using a receiver if you have a newer television
that supports the device. In some instances, a receiver is still needed to receive advanced interactive digital
cable services, including but not limited to, On Demand, on screen ordering of Pay-Per-View or the enhanced
program guide. Please contact Charter to inquire about the availability of CableCARDs in your area.
SELF HELP AND SUPPORT: You will find help videos, user guides, troubleshooting steps, and FAQs for
Charter’s TV products and services at charter.com/support.
19
20
PARENTAL CONTROLS*
Charter understands that there may be certain television programs available that some customers find
unsuitable for members of their household. If you find programming objectionable and You have Charter
Equipment, parentally controlling a channel may be as easy as pressing some buttons on the remote
control or the receiver connected to the TV. By exercising the parental control option, You can block the
programming on many channels based on certain criteria presented for your selection (e.g., channel,
program, rating, etc.). In most areas, Charter provided Equipment allows customers to parental control
functionality even with respect to local broadcast networks. If you find programming objectionable and
You do not have Charter provided Equipment or do not have parental control equipment, You can notify
us to request a special filter, which Charter will install to prevent further reception of certain channels. For
more information, please contact Charter Customer Service or view our self-help videos on
www.charter.com.
COMPLIANT PROCEDURE
Charter strives to resolve any complaints concerning its Service as expeditiously as possible. Charter
maintains offices and trained maintenance staff to be promptly available to You upon request, and
technical personnel will be dispatched as warranted. Should You have any unresolved complaint regarding
quality of Service, Equipment malfunctions, or similar matters, please contact Charter Customer Service,
which is available to You 24 hours a day. If a complaint remains unresolved, You may elect to write a brief
explanation of the complaint and actions taken, and bring them to the attention of Charter’s corporate
office by mailing to Charter, Attention: Customer Complaint, 941 Charter Commons Drive, Town and
Country, MO 63017. Additionally, local governments may designate individuals, councils, boards,
committees, or commissions to assist in resolving complaints and ensure compliance with all laws and
regulations. These authorities are empowered to petition the FCC to demand compliance. Please consult
the local franchise authority listed on the back of Your statement.
SERVICE AND BILLING PROCEDURES
Charter appreciates you as a customer (also referred to herein as “Customer”) of our cable and broadband
communication services (referred to herein as a “Service” or the “Services”) and has provided below essential
information regarding terms and conditions of service, billing procedures, and complaint procedures.
SERVICE
REQUEST FOR CONNECTION. Request for connection may be made at the local Charter office, via the
Internet at www.charter.com, or by mail or telephone. Customers will be advised of installation and
applicable pre-payment amounts. Unless otherwise specified, billing begins on the date of physical
installation. Customers may be subject to credit screening in accordance with applicable law. Based on
the results of a credit check, customers may be required to pay a deposit and/or advanced payment as a
condition of service and applicable service restrictions may apply.
INSTALLATION. Someone over eighteen (18) years of age with a government issued picture ID must be
home during any installation or repair of your cable television Service. Charter requires its employees to
display identification during visits to a customer’s service location.
ACCESS. By ordering Service, Customer/You have granted Charter the right to enter upon Your property
at the service address to install Service, and to audit, adjust, repair, replace, maintain, move or remove
equipment and from time to time check for signal leakage. By accepting Service, You also are deemed
to grant Charter any easement or rights of way needed to render Services to Your property. If Charter is
unable to gain reasonable access to Your property, Charter reserves the right to discontinue Service.
HOME WIRING. For new and existing single unit installations, the wiring inside the demarcation point, as
defined by the FCC, shall become a fixture to the realty upon installation.
EQUIPMENT
a.) Charter Owned. Any receiver or other Charter property and facilities (“Equipment”) delivered to
Customer and/or installed on the premises to receive the Service(s) shall remain the property of Charter.
21
Customer assumes the risk of loss, theft or damage to the Equipment at all times prior to the removal of
the Equipment by Charter or return of the Equipment to Charter. Charter reserves the right to require a
credit card as security for all equipment. An equipment receipt will be provided for any equipment picked
up at a local store. Failure to return equipment will subject you to additional charges and may result in
your credit report being negatively impacted.
b.) Customer Owned. Customer agrees that Charter is not responsible for the operation, maintenance,
service or repair of Customer’s television, computer, telephone, radio or any other consumer electronics,
which may be connected to the Service(s).
REPAIR OF EQUIPMENT. Charter will repair and/or replace any defective Equipment components at no
charge, but Customer shall be responsible for repairs necessitated due to abuse or negligence. In the latter
case, a reasonable charge will be assessed by Charter to the Customer.
SERVICE CALLS. If the Customer has a technical problem that is cable system related, there will be no
charge for the service call if the problem is associated with the cable plant that Charter maintains. In
all other cases and where the problem is a result of unauthorized tampering with the cable or abuse of
Charter’s Equipment, a service call charge may be assessed.
PROGRAMMING. Customer acknowledges that Charter has the right at any time to preempt specific
channel programming and substitute with content from other programming provider/network.
RESTRICTIONS. Charter provides cable service to Customer for private home viewing and enjoyment.
Customer may not order or request Pay-Per-View, On Demand, digital music, or any other programming
for receipt, exhibition or taping in a commercial establishment or for a commercial purpose. Customer
may not exhibit nor assist in the exhibition of Pay-Per-View programming in a commercial establishment
unless explicitly authorized to do so by agreement with an authorized program provider. If Customer fails
to abide by this restriction, Customer shall be liable for any and all claims made against Customer or
Charter on account of such commercial exhibition or use.
COMPANY CHANGES IN SERVICE AND CHARGES. Subject to applicable law, Charter has the right to
change its Service and Equipment, and its prices or fees, at any time. Charter also may rearrange, delete,
add to or otherwise change the Service provided on our Basic Service or other levels of Service. If the
change affects You, Charter will provide You notice of the change and its effective date. The notice may be
provided on your monthly bill, as an insert, or by other permitted communication. If You find the change
unacceptable, You have the right to cancel your Service subject to any applicable term commitment
agreement. However, if You continue to receive service after the effective date of the change, Your
continued usage of the Service constitutes Your acceptance of the change.
To the extent required by law, after notification of a re-tiering of Charter services or a rate increase, You
may elect within 30 days to downgrade the services You are receiving at no additional charge. Otherwise,
changes by You of the Services You receive may result in upgrade, downgrade, or change of service
charges. Please contact Charter if You have questions.
ASSIGNMENT - CHANGE OF OCCUPANCY. The Service shall only be provided to Customer at the
address where Charter’s installation is performed. Customer may not transfer Customer’s rights or
obligations to the Service to any successor tenant or occupant or to any other address without Charter’s
prior written consent.
CHARTER ALL IN CUSTOMER GUARANTEE: We’re committed to making your experience outstanding.
Learn more about our customer guarantee at charter.com/guarantee.
BILLING
ADVANCED BILLING & BILL CYCLES. Customer agrees to pay monthly charges in advance. All service
charges are billed based upon the initial installation date for the current month and any pro-rated charges.
After payment of the installation fee and the first month’s billing as set forth in the Request for Connection
section, payment is due by the due date and becomes past due upon your next billing cycle. The date on
which a bill becomes past due may vary on a community-to-community basis depending upon applicable
law. You may be billed late fees, charges and assessments related to late payments or non-payments if
for any reason (a) Charter does not receive from You any required payment for Service by the payment
22
due date or (b) You pay less than the full amount due for Service. If there is a billing problem, please call
Charter promptly to ensure Your bill does not become past due.
STATEMENTS WITH ZERO OR CREDIT BALANCES. Customers with a zero or credit balance on their bill
will not receive a paper statement in the mail.
DISCONNECT FOR NON-PAY. If a balance remains unpaid beyond the specified due date, it becomes
delinquent. Charter will make reasonable efforts (may include written notices, phone calls, text messages,
e-mail, internet messages, etc.) to contact You, leading to disconnection if the delinquency remains
unpaid. Any subsequent reconnect is subject to a reconnect fee, all back balances and the first month’s
bill, and if applicable, costs of collection.
CHECK AND CREDIT CARD POLICY. Charter may charge a reasonable insufficient funds processing fee
for all returned checks and bankcard charge-backs. If Your check, bankcard (debit or credit) charge, or
other instrument or electronic transfer transaction used to pay us is dishonored, refused or returned for
any reason, we reserve the right to electronically debit Your account for the amount of the attempted
payment, plus an insufficient funds processing fee as set forth on your Video Services rate card (but in any
event up to the amount allowable by law and any applicable sales tax). Your bank account may be debited
as early as the same day such initial payment is dishonored, refused or returned. If Your bank account is
not debited, the returned check amount (plus fee) must be paid by cash, cashier’s check or money order.
Charter may suspend check and/or bankcard payment options on an account at any time if multiple
returned payments are attempted.
PROCESSING FEES: Additional fees may apply if a Charter Customer Care Agent’s assistance is needed
for payment.
CORRESPONDENCE: Do not mail written correspondence with your bill statement. Please contact
Charter Customer Service with any additional needs.
TERMINATION OF SERVICE BY A CUSTOMER. You may terminate Service in person at the local Charter
office or by telephone. To avoid any billing misunderstanding, telephone requests for disconnection
should be followed up either in writing or in person. If You are on a term commitment and are requesting
termination of the agreement prior to the end of the contractual period, Charter reserves the right to
assess an early termination fee.
TERMINATION OF SERVICE/DISCONNECTED ACCOUNT. Charter reserves the right to terminate Your
service based on Your delinquent status. Charter will make reasonable efforts (may include written
notices, phone calls, text messages, e-mail, internet messages, etc.) to contact You about a pending
suspension or disconnection resulting from an unpaid balance. In the unlikely event that Your account has
been disconnected for nonpayment, You may be liable for all reconnect fees, past due balance, and 1st
month service in advance, and any pro-rated charges. If Your account remains unpaid, it may be forwarded
to a 3rd party collection agency for collections and Your credit report may be negatively impacted. If Your
service is terminated before the end of Your contractual period, Charter reserves the right to assess an
early termination fee.
Upon termination, Charter may charge additional fees on any unpaid balance, and reserves any and all
other rights it has under the terms and conditions of Customer’s service agreement with Charter and
otherwise under applicable law with respect to billing for Service and unreturned Equipment. A charge
for any unreturned Equipment will be posted to Customer’s account and will appear on the next available
billing statement. In the event that the Equipment is destroyed, damaged, lost or stolen, or not returned
to Charter upon termination of Service, Customer shall be liable to Charter for applicable on-going
rental fees, and/or unreturned Equipment charges as set forth in your Video Services rate card. Further,
Customer understands and agrees that Charter may charge Customer’s credit card on file at termination
of Service in the amount of ongoing rental fees, any outstanding balance and/or any unreturned
Equipment charges, in accordance with applicable law.
PRIOR ACCOUNTS. Customer represents that no monies are owed to Charter from previous accounts
with Charter. If Charter finds a prior account with Customer with monies owed to Charter, then Charter
may apply any funds received to that prior account before the funds are applied to the new account. If
23
Customer is requesting new services, any prior account balance owed must be paid before new services
can be completed, and until such account balance(s) are paid, new service installation/activation orders
are subject to cancellation.
MOVING: Before you move, please contact Charter. This is the best way for us to disconnect your Service,
recover your Equipment and arrange for cable television service in your new home. Call us in advance, and
Charter will schedule a new installation, provided that your new home is in our service area. Should you
decide to disconnect your cable television Service, receivers, remote-control devices, modems and any
other equipment provided by us should be returned to us immediately. Do not leave the Equipment in your
vacant home or with anyone else.
INSIDE WIRING*: A Wire Maintenance Plan is an optional service available to customers for a
low monthly rate. It ensures that you do not have to pay Charter to repair cable and telephone
communications wires that are inside your home. Certain limitations apply to the Plan, such as the
exclusion of repairs to alarm/electrical/twisted pair wiring, customer-caused damage or abuse,
and alterations to Charter equipment. Please contact Charter for more information about the Wire
Maintenance Plan.
SUSPENSION/CREDITS FOR LOSS OF SERVICE. Charter endeavors to respond to a complete outage
in a customer’s Service within 24 hours of the outage being reported, except in situations beyond our
control. If You have a Service problem, please contact Charter immediately as any applicable credit
that is available will be issued from the date You notify us. Charter will not be responsible for failure or
interruption of programming or Service resulting from circumstances beyond its control. Customer shall
not be entitled to consequential damages of any sort, under any circumstance.
INDEMNITY. In requesting and accepting Service, Customer agrees to indemnify and hold Charter
harmless from and against any and all demands, claims, suits, attorney or witness fees, liability, and/or
other expenses for or loss due to damages to property or injury or death of any person arising from the
installation and provision of Service and/or equipment, except such as was caused by the negligence
or willful misconduct of Charter or its authorized employees or agents. You agree that Charter is not
liable for any consequential damages as a result of any loss of Service, nor will you make any claims or
undertake any actions against Charter for loss of Service.
THEFT OF SERVICE
Theft of service includes the unauthorized interception and/or receipt of any communications and
services offered over a cable system or tampering with cable equipment without the express authorization
of the cable operator. Cable theft can occur when an individual knowingly and willfully makes illegal
connections to a cable system or alters any equipment or installs any unauthorized equipment so as to
receive Charter’s cable signal without Charter’s authorization or knowledge. Cable theft can also occur
when an individual continues to receive Charter’s cable signal subsequent to termination of Service. Any
person who unlawfully intercepts or receives communications provided over a cable system violates the
Federal Communications Act as amended. [See 47 U.S.C. §553]. This includes the theft of audio, video,
textual data, or other service, including data transmitted to or from a customer over a system that has
interactive capability. Parties found guilty of cable theft are subject to both civil and criminal penalties,
which may include substantial fines and/or time in prison. These prohibitions apply to manufacturers,
suppliers and users of unauthorized cable devices.
Also, a cable operator may seek substantial monetary damages for the theft of its cable services. In
addition, if the violations are willful and for commercial advantage or private financial gain, the court
may award additional damages of up to $50,000 in civil cases and a maximum of $100,000 for certain
criminal violations, in addition to a maximum of five years imprisonment for subsequent offenses.
Congress enacted this legislation because it believes that theft of cable service poses a major threat to
the economic viability of cable operators and cable programmers. Theft of service creates unfair burdens
on cable customers who are forced to subsidize the illegal reception by other individuals of cable service
without paying for it.
To contact Charter, call 1-888-GET CHARTER (1-888-438-2427) or visit charter.com
24
ADDITIONAL NOTICE INFORMATION TO CT CUSTOMERS
Charter Communications® (“Charter”) is required by applicable cable television law to provide you with
an annual notice of our TV products and services and associated conditions for service. If you have any
questions about this notice or about Charter’s cable and non-cable services or policies, please contact
Charter Customer Service.
HOW TO REACH US
Charter Communications, 888-GET-CHARTER Toll Free
Phones open 24 hours a day, 7 days a week
PUBLIC ACCESS TELEVISION
Time on Community Access channels is available for cable casting non-commercial programming to the
towns served by Charter Communications. Pre-produced public access programs may be submitted by
local franchise residents. Charter’s local television studios, editing facilities, and portable public access
equipment are also available for residents to produce their own programs for airing on the channel.
Charter provides free training and lends portable video equipment to qualified users. For more information
or for a copy of Charter’s Community Access information packet for your area, call:
If you disagree with the charges on your bill, you must notify us by telephone, in person or by mail within
45 days after the first bill on which the error or problem appeared. We recommend that the disputed item
be stated in writing and addressed to our billing office at 1548 West Main Street, Willimantic, CT 06226.
We will investigate your claim and provide an initial response to you within 3 days and a written response
within 15 days. Once you receive your written proposed resolution, you have 10 days to respond and
present any additional information to us relating to the matter. We will review this information and return
a final decision to you within 15 days. During the entire period, we will not terminate service provided you
pay the undisputed portion of any outstanding or future bills. If you are not satisfied by our final decision,
you may write for a review of your case to the Connecticut Department of Public Utility Control, 10
Franklin Square, New Britain, CT 06051, or call their office at 1-800-782-3782.
Newtown (Western CT): CommuniTyVision 21 (203) 304-4050 or visit www.communityvision21.com
ADDITIONAL NOTICE INFORMATION TO MI CUSTOMERS
Willimantic (NE CT): Charter’s CTV 14 (860) 456-8500 or visit www.CTV14.com
COMPLAINT PROCEDURES
Winsted (NW CT): Charter’s CTV 13 (860) 738-5090 or visit www.ctv13.net
Charter maintains offices and trained maintenance staff to be promptly available to Customers upon
request. Our toll-free customer service number is 888-438-2427. Technical personnel will be dispatched
as warranted. Charter strives to resolve any complaints concerning its service as expeditiously as possible.
Should a Customer have any unresolved complaint regarding quality of Service, Equipment malfunctions,
or similar matters, the Customer should contact Charter Customer Service. If a complaint remains
unresolved, the Customer may write a brief explanation of the complaint and actions taken by mailing to
Charter, Attention: Customer Complaint, 2 Digital Place, 4th Floor, Simpsonville, SC 29681. If a customer
has attempted to resolve the dispute through the processes outlined above, the customer may file a
complaint with the Michigan Public Service Commission. The Commission’s toll-free customer service
number is 1-800-292-9555 and the Public Service Commission website address is: http://www.michigan.
gov/mpsc. In addition, your local franchise authority contact information is listed on your monthly
statement.
CABLE ADVISORY COUNCIL
Charter customers in CT are represented by two regional Cable Advisory Councils, established by the
state legislature as an advisory group to the state Public Utility Regulatory Authority (PURA). Each town
in the Charter service areas can appoint representatives to the Advisory Council. The Advisory Councils’
primary functions are to support and advise the designated Community Access Programming provider
and advise the company on consumer issues related to Charter’s cable television services, products and
policies.
Charter Cable Advisory Councils may be contacted as follows:
1) Newtown/Winsted system in Western CT, can be reached via email at Chairman@
CableAdvisoryCouncil.com, by mail at Cable Advisory Council, P.O. Box 87, Newtown, CT, 06470,
and the www.CableAdvisoryCouncil.com/ website.
2) Willimantic system in Northeast CT can be reached by mail at Cable Advisory Council, P.O. Box 144,
Willimantic, CT 06226.
Charter Operates 3 Local Community Access Studios in CT:
1) Newtown, CommuniTyVision21, 11 Commerce Dr., Newtown, CT 06470, Phone: 203-304-4050,
Web: www.communityvision21.com
2) Winsted, Community Access Television 13, 140 Willow St., Suite 3, Winsted, CT 06098,
Phone: 860-738-5090, Web: www.ctv13.net
3) Willimantic, Community Access Television 14, 207 Tuckie Rd., N. Windham, CT 06256,
Phone: 860-456-8500, Web: www.ctv14.com
Please do NOT send bill payments to the Advisory Councils or the Community Access Studios, doing so
will delay or prevent payment of your bill.
COMPLAINT PROCEDURES
Charter maintains offices and trained maintenance staff to be promptly available to Customers upon
request. Technical personnel will be dispatched as warranted. Charter strives to resolve any complaints
concerning its Service as expeditiously as possible. Should a Customer have any unresolved complaint
regarding quality of Service, Equipment malfunctions, or similar matters, the Customer should contact
25
Charter Customer Service. If a complaint remains unresolved, the Customer may write a brief explanation
of the complaint and actions taken by mailing to Charter, Attention Customer Complaint, 2 Digital Place,
4th Floor, Simpsonville, SC 29681. Additionally, local governments designate individuals, councils, boards,
committees, or commissions to resolve complaints and ensure compliance with all laws and regulations.
These authorities are empowered to petition the FCC to demand compliance. Please consult the local
franchise authority listed on the back of your statement.
ADDITIONAL NOTICE INFORMATION FOR NY CUSTOMERS
LARGE PRINT BILLING STATEMENTS. Large print billing statements are available with written request
and can be provided within 60 days of Charter’s receipt of the request. Please send request to:
CHARTER COMMUNICATIONS, IS DEPT, 9 COMMERCE RD, NEWTOWN, CT 06470
SUSPENSION/CREDITS FOR LOSS OF SERVICE. Charter endeavors to respond to a complete outage in a
customer’s service within 24 hours of the outage being reported, except in situations beyond our control.
Customers should notify Charter as soon as possible of any service outage they are experiencing. Charter
will provide to a customer who notifies Charter of a service outage, a credit of 1/30th of recurring monthly
service charges for any service outage that continues for four or more hours during any 24-hour period (as
measured from the time the customer reports such outage). Charter will not be responsible for any failure
or interruption of programming or Service resulting from circumstances beyond its control. Customer shall
not be entitled to consequential damages of any sort, under any circumstance.
ADDITIONAL NOTICE INFORMATION TO VT CUSTOMERS
This information is a compilation of the TV products and services we have to offer; prices and options
for programming services; installation and service maintenance policies; brief instructions on how to
use the cable service; channel positions of the programming we carry; billing and complaint procedures;
information on your right to privacy; an explanation of Local Access and how to use it; and the role of the
Cable Advisory Council. The Federal Communications Commission requires cable systems to provide
customers annually with an updated version of this information. Should you have any questions after
reviewing the information, please don’t hesitate to call us. We’re here to assist you.
26
ADDITIONAL NOTICE INFORMATION TO VT CUSTOMERS CONT.
City Eau Claire Eau Claire WI 54701
FRANCHISE CONTACTS
State Department of Wisconsin PO Box 7846 Financial Institutions Phone 608-261-7577
Madison WI 53707 Tribal Red Cliff 88385 Pike Road Hwy 13 Bayfield WI 54814
Tribal Lac Courte Oreilles 13394 W. Trepania Rd Hayward WI 54843
The Vermont Department of Public Service and Public Service Board desires to hear the views
of subscribers regarding the quality of services provided by Charter Communications and the
reasonableness of the terms upon which those services are provided.
To convey your views or seek assistance with a dispute, you may contact the Consumer Affairs Division
of the VT Department of Public Service at 800-622-4496 or 802-828-2332, Monday-Friday, except
holidays, 7:45 a.m. - 4:30 p.m., or write DPS, 112 State Street, Montpelier, VT 05620-2601; the TTY/TDD
number 1-800-734-8390. The division can also assist you in submitting a dispute to the Vermont Public
Service Board, which is the franchise authority. The access management organizations (AMO) for Charter
are: Kingdom Access Television (KATV) in Northeast Vermont and Central Vermont Television (CVTV) in
Central Vermont.
MN Franchise Contacts
Type Franchise Address City State ZIP
City Altura 25 N. Main Street Altura MN 55910
City Goodview 4140 W. 5th St Goodview MN 55987
Village Hidden Valley 23 Hidden Valley Minnesota City MN 55959
Town Homer Route 4, Box 205 Winona MN 55987
St.Johnsbury: 459 Portland Street, St.Johnsbury, VT 05819
City LaCrescent 315 Main St, PO Box 142 LaCrescent MN 55987
Barre: 304 North Main Street, Suite 1, Barre, VT 05641
Town LaCrescent PO Box 57 LaCrescent MN 55987
SUSPENSION/CREDITS FOR LOSS OF SERVICE. Charter endeavors to respond to a complete outage in a
customer’s service within 24 hours of the outage being reported, except in situations beyond our control.
Customers should notify Charter as soon as possible of any service outage they are experiencing. Charter
will provide a proportionate, monthly service charge credit, on a day-for-day basis, to each customer who
notifies Charter of a service outage that continues for twenty-four consecutive hours (as measured from
the time the customer reports such outage). Charter will not be responsible for any failure or interruption
of programming or Service resulting from circumstances beyond its control. Customer shall not be entitled
to consequential damages of any sort, under any circumstance.
City Lewiston 75 Rice Street Lewiston MN 55952
City Minnesota City 121 Minnesota St Minnesota City MN 55959
City Rollingstone COMPLAINT PROCEDURES
PAYMENT OFFICES
Charter Communications maintains offices and trained maintenance staff to respond promptly to
customers’ requests. Technical personnel will be dispatched as needed. We strive to resolve any complaints
concerning service as quickly as possible. Should a customer have any unresolved complaint regarding
quality of service, equipment malfunctions, or similar matters, please contact Charter Customer Service.
If a complaint remains unresolved, you may write a brief explanation of the complaint and actions taken
and send them to: Charter Communications, Vice President, 95 Higgins Street, Worcester, MA 01606.
Additionally, Charter Communications holds an operating certificate from the Vermont Public Service
Board and is also regulated by the Federal Communications Commission. Both of these entities may assist
customers who are unable to get a satisfactory resolution of their complaints directly from the company.
61 Main St Rollingstone MN 55969
Township Rollingstone 16233 Denzer Road Minnesota City MN 55959
City Stockton 600 D Street Stockton MN 55988
City Winona PO Box 378 Winona MN 55987
Town Wilson 29651 County Rd 12 Winona MN 55987
IL Franchise Contacts
Type Franchise Address City State ZIP
County Boone 601 N. Main St, Suite 201 Belvidere IL 61008
City Genoa 113 N. Genoa St Genoa IL 60135
Township Harlem 819 Melbourne Ave Machesney Park IL 61115
City Harvard PO Box 310 Harvard 60033
DISPUTE RESOLUTION
Village Machesney Park 300 Machesney Road Machesney Park IL 61115
You should first try to resolve any complaint or dispute directly with Charter. If you remain unsatisfied
by Charter’s response, you may request assistance from the Vermont Department of Public Service
Consumer Hotline by calling 1-800-622-4496 or writing 112 State Street, Montpelier, VT 05620-2601.
Assistance is available Monday through Friday, except state holidays, between the hours of 7:45 a.m. and
4:30 p.m. TTY/TDD number is 1-800-734-8390.
City Marengo 132 E Prairie St Marengo IL 60152
County McHenry 2200 N. Seminary Woodstock IL 60098
Village Richmond 5600 Hunter Dr Richmond IL 60071
Town Riley 7918 Majorie Dr Marengo IL 60152
Town Rockton 1315 N Blackhawk Blvd Rockton IL 61072
Village Rockton 110 E Main St Rockton IL 61072
Town Roscoe 5792 Elevator Rd Roscoe IL 61073
Village Roscoe PO Box 283 Roscoe IL 61073
City South Beloit 519 Blackhawk Blvd, Suite 2 South Beloit IL 61080
County Winnebago Admin Bldg, 404 Elm St, Room 104 Rockford IL 61101
Village Union 17703 O’Cock Rd Union IL 60180
WI Franchise Contacts
27
203 S. Farwell Street Type Franchise Address
City State ZIP
City Madison 215 Martin Luther King Jr Blvd #210 Madison WI 53703
City Onalaska 415 Main St Onalaska WI 54650
City Wausau 407 Grant St Wausau WI 54403
City Fond du Lac 160 South Macy St, PO Box 150
Fond du Lac WI 54936
IL 28
CHARTER TV CUSTOMERS
LINE ACCESS ADDITIONAL LINE
UNDERSTANDING YOUR CHARTER BILL – TAXES AND FEES
This monthly charge covers part of the cost of Charter’s local network that supports customers’ ability to
make and receive interstate and international calls but may be assessed for each additional telephone line.
Taxes and fees will appear on your billing statement separated by services (i.e., TV, Internet and Phone).
You may see taxes, which are applied to all services, appear once in each category (e.g., state sales tax).
FEDERAL COMMUNICATIONS COMMISSION (FCC) FEE
FEES / SURCHARGES
This is a fee that Charter must pay to the Federal Communications Commission (FCC) to cover the cost of
the FCC’s regulation of Charter’s cable service.
BROADCAST TV SURCHARGE
FEDERAL UNIVERSAL SERVICE FUND (USF) (FEDERAL USF)
Federal law allows local U.S. broadcast television stations (i.e., affiliates of networks such as CBS, NBC,
ABC, Fox, etc.) to negotiate with cable and satellite providers in order to obtain “consent” to carry their
broadcast signals (Cable Television Consumer Protection and Competition Act of 1992).
The FCC created the USF. This fee helps to make phone service affordable and available to all Americans,
including consumers with low incomes, those living in areas where the cost of providing telephone service
is high, public and non-profit schools and libraries serving low income communities, and rural health care
providers. Congress mandated that all telephone companies providing interstate service contribute to
the Universal Service Fund. A telephone service provider may choose to include this contribution on their
customers’ monthly telephone bill.
As a direct result of local broadcast, or “network-affiliated,” TV stations increasing the rates to Charter
to distribute their signals to our customers, we will be passing those charges on as a Broadcast TV
Surcharge, in the Taxes and Fees section of the billing statement. These local TV signals were historically
made available to Charter at no cost, or low cost. However, in recent years the prices demanded by local
broadcast TV stations have necessitated that we pass these costs on to customers.
BUSINESS LICENSE FEE
This is a fee or tax assessed on Charter for doing business in your state or locality.
CALIFORNIA ADVANCED SERVICES FUND (CALIFORNIA ONLY)
This fee subsidizes the cost of providing broadband Internet service by telephone companies in rural,
high cost areas in California.
CALIFORNIA HIGH COST FUND A (CALIFORNIA ONLY)
This fee subsidizes telephone service in 14 rural, high cost areas in California.
CALIFORNIA HIGH COST FUND B (CALIFORNIA ONLY)
This fee subsidizes telephone service in other rural, high cost areas in California.
CA RELAY SERVICE AND COMMUNICATIONS DEVICES FUND (CALIFORNIA ONLY)
This fee supports telecommunications relay services and necessary communications equipment for the
speech and hearing impaired in California.
CALIFORNIA TELECONNECT FUND (CALIFORNIA ONLY)
This fee supports discounts on selected telecommunications services to qualifying schools, libraries,
government-owned and operated hospitals and health clinics, and community-based organizations in
California.
E911 CHARGE (9-1-1 FEE)
This is a charge imposed by local government to help pay the cost of E911 service.. The customer’s local
government determines whether to provide a 911 system. Costs associated with the 911 systems are
collected by the phone company through the monthly telephone bill and then paid to the provider of that
service.
E911 EQUALIZATION SURCHARGE (9-1-1 EQUALIZATION FEE) (TEXAS ONLY)
A fee used to provide financial support for regions in Texas where the 9-1-1 fee does not fully offset the
cost of 9-1-1 service. The fee is imposed on each customer receiving intrastate long-distance service.
LINE ACCESS
FRANCHISE FEE
A Franchise Fee is a fee collected by Charter on behalf of your Local Government and Municipality.
This fee is paid directly to the Local Government to use the public rights of way when providing Cable
Service. The fee is a percentage of the revenues received from providing Cable Services – generally 3-6%.
According to Federal Law, Cable Operators may pass the entire amount of the Franchise Fee to their
customers and itemize the fees on the customers’ monthly bills. Each year Charter reviews the Franchise
Fees recovered from customers to ensure the Franchise Fees collected are correct. The amount of the
Franchise Fee itemized on your bill varies based on where you live, the level of service you subscribe to,
and how many PPV/VOD movies and events ordered in a given month.
LATE PAYMENT FEE
A late fee will be assessed for past due unpaid Charter Services. The amount of the late fee is set forth in
the current rate card for the cable television system in your area or in the applicable terms and conditions
for other Services. Charter’s late fee practices may be revised to comply with applicable federal, state or
local laws, rules or regulations.
POLICE AND FIRE PROTECTION FEE (WISCONSIN ONLY)
This fee supports the cost of police and fire protection services.
PUBLIC EDUCATION AND GOVERNMENT CHANNELS (PEG) FEE
Cities and Municipalities impose a Public Education and Government Channels (PEG) fee that is collected
by Charter in a similar manner as a Franchise Fee. This fee is used to support the City or Municipalities
PEG access channels. All monies collected by Charter are passed through to the local municipality and no
portion is kept by Charter.
Public access channels are available for use by the general public. They are usually administered either by
the cable operator or by a third party designated by the franchising authority.
Educational access channels are used by educational institutions for educational programming. Time on
these channels is typically allocated by either the franchising authority or the cable operator among local
schools, colleges and universities.
Governmental access channels are used for programming by organs of local government. In most
jurisdictions, the franchising authority directly controls these channels.
The monies collected by this fee are used in support of these channels including equipment, training,
airtime, etc.
This monthly charge covers part of the cost of Charter’s local network that supports customers’ ability to
make and receive interstate and international calls.
29
30
PUBLIC UTILITIES COMMISSION (PUC), PUBLIC SERVICE COMMISSION (PSC), STATE REGULATORY,
OR UTILITY GROSS RECEIPTS FEE
The Public Utilities Commission (PUC) or Public Service Commission (PSC) is a state regulatory agency
whose responsibilities include oversight of the telecommunications industry for their area. This fee (State
PUC Fee/State PSC Fee/State Regulatory/Utility Gross Receipts Fee) supports the operation of the PUC
or PSC. It is assessed upon Charter and passed through to Charter’s customers on a pro rata basis.
REGULATORY COST FEE
This fee recovers federal government charges to support the FCC’s operations and charges to support the
telephone number system and telephone number portability.
RETURNED CHECK FEE
A returned check fee is assessed when a payment made to Charter was not honored by the financial
institution on which the instrument was drawn. Returned check fees may be assessed on checks,
electronic funds transactions or debit and credit cards.
A returned check fee of up to $25.00 will be assessed for any returned payment. Additional charges may
apply if further collection activity is required.
STATE TELECOMMUNICATIONS RELAY SERVICE CHARGE
This charge provides for a telecommunications relay service, providing full telephone accessibility to
people who are hearing impaired or speech disabled. This service is available 24 hours a day, 365 days a
year. Some states require that all telecommunications providers operating within their borders contribute
to the funding of this program. Whether this charge is recovered directly from customers or paid by the
telephone provider varies from state to state.
STATE UNIVERSAL SERVICE FUND FEE
This fee, set by the state Public Service/Utility Commission, subsidizes the cost of telephone service in rural,
high cost areas in your state. In some states, it also subsidizes affordable telephone service for low income
consumers and/or telecommunications relay services for the speech and hearing impaired in your state.
TELECOMMUNICATIONS ACCESS FUND (TAM – MINNESOTA ONLY)
This charge is to establish and administer a program to distribute communications devices to eligible
communication-impaired persons and to create and maintain a message relay service.
TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE (ILLINOIS ONLY)
This fee supports the cost of providing and maintaining utility rights of way in Illinois.
TELEPHONE ASSISTANCE PLAN (MINNESOTA AND WASHINGTON ONLY)
This fee supports affordable telephone service for low income consumers.
TELEPHONE RIGHT OF WAY FEE (MUNICIPAL RIGHT-OF-WAY FEE)
A fee used to compensate municipalities for the use of their street rights-of-way for Charter’s facilities.
TAXES
COUNTY SALES TAX
The county imposes this sales tax. It is the same sales tax charged on ordinary consumer items.
The percentage of tax charged varies from county to county and depends on the county in which the
customer lives.
FEDERAL EXCISE TAX (FET)
Federal tax assessed on basic local service that is billed separately from long distance service.
GROSS RECEIPTS TAX
A gross receipts tax is similar to a sales tax, but it is levied on the goods or services sold and in some
cases, passed on to the consumer. This tax is only applicable in certain communities.
31
LOCAL SALES TAX
This sales tax is imposed by the local jurisdiction, such as a city. It is the same sales tax charged on
ordinary consumer items. The percentage of tax charged varies from jurisdiction to jurisdiction and
depends on the jurisdiction in which the customer lives.
STATE SALES TAX
The state government imposes this sales tax. It is the same sales tax charged on ordinary consumer items. The
percentage of tax charged varies from state to state and depends on the state in which the customer lives.
ACCEPTABLE USE POLICY – RESIDENTIAL CUSTOMERS
IN ORDER TO PROVIDE HIGH-QUALITY CUSTOMER SERVICE AND TO INSURE THE INTEGRITY OF
CHARTER INTERNET SERVICE (“HSI”), INCLUDING BUT NOT LIMITED TO ANY SERVICE FEATURES
THAT MAY BE AVAILABLE (E.G., ELECTRONIC MAIL, PORTAL COMPONENTS, VIDEO MAIL, HOME
NETWORKING) AND ANY EQUIPMENT USED TO PROVIDE CHARTER HIGH-SPEED INTERNET
SERVICE (COLLECTIVELY “SERVICE”), CHARTER COMMUNICATIONS (“CHARTER”) HAS ADOPTED
THIS ACCEPTABLE USE POLICY (“POLICY”). THIS POLICY, INCLUDING ITS USE RESTRICTIONS,
IS IN ADDITION TO THE RESTRICTIONS CONTAINED IN THE CHARTER INTERNET SUBSCRIBER
AGREEMENT.
PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. THE WORD
“CUSTOMER” IS USED HEREIN TO REFER TO ANY INDIVIDUAL WHO SUBSCRIBES TO THE SERVICE.
BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY.
CHARTER RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE THE CUSTOMER’S
ACCOUNT OR TO UNDERTAKE NETWORK MANAGEMENT ACTIONS DESCRIBED HEREIN WITHOUT
NOTICE, AT CHARTER’S SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMER’S
ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY. CHARTER ALSO RESERVES THE RIGHT TO
IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY
REASON WHATSOEVER AT CHARTER’S SOLE DISCRETION WITHOUT PRIOR NOTICE. BY USING THE
SERVICE, CUSTOMER AGREES TO ABIDE BY, AND REQUIRE OTHERS USING THE SERVICE THROUGH
CUSTOMER’S ACCOUNT TO ABIDE BY, THE TERMS OF THIS AUP.
CHARTER REGULARLY UPDATES AND AMENDS THIS AUP AND CUSTOMER SHOULD CONSULT
CHARTER’S WEBSITE TO BE SURE CUSTOMER REMAINS IN COMPLIANCE. IF CUSTOMER DOES
NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER SHOULD IMMEDIATELY STOP THE
USE OF THE SERVICES AND NOTIFY THE CHARTER CUSTOMER SERVICE DEPARTMENT SO THAT
CUSTOMER’S ACCOUNT MAY BE CLOSED. CUSTOMER’S CONTINUED USE OF THE SERVICE WILL
CONSTITUTE CUSTOMER’S ACCEPTANCE OF AND AGREEMENT TO THIS POLICY AND ANY POSTED
AMENDMENTS TO THIS POLICY.
1. USE
The Service is designed for personal and family use (residential use only) within a single household.
Customer agrees that only Customer and co-residents living in the same household will use the Service.
The term “single household” means Customer’s home and includes an apartment, condominium, flat or
other residential unit that may be used as a residence in any multiple dwelling unit. The Service is being
provided solely for residential use in Customer’s household and any unauthorized access by a third party
to email, Internet access or any other function of the Service relieves Charter of any affirmative obligations
it may have, and is in violation of this Policy and the Charter Internet Residential Customer Agreement.
Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether
by a member of Customer’s household or an authorized or unauthorized third party. Customer may set
up one (1) web page per service account for personal use of the Service, but Customer may not establish
a web page using a server located at Customer’s home. Customer will not use, or allow others to use,
Customer’s home computer as a web server, FTP server, file server or game server or to run any other
server applications or to provide network or host services to others via Charter’s network. Customer will
not use, or allow others to use, the Service to operate any type of business or commercial enterprise,
including, but not limited to, IP address translation or similar facilities intended to provide additional
32
access. Customer will not advertise that the Service is available for use by third parties or unauthorized
users. Customer will not resell or redistribute, or allow others to resell or redistribute, access to the Service
in any manner, including but not limited to wireless technology. Charter reserves the right to disconnect
or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure
to comply with any portion of this provision or this Policy, without prior notice. Charter owns any and all
email addresses associated with the Service, and reserves the right to reclaim any such email address
at any time and for any reason. Any violation of this Policy may lead to prosecution under state and/or
federal law.
2. NO ILLEGAL OR FRAUDULENT USE
Customer will not use, or allow others to use, the Service to violate any applicable federal, state, local or
international laws or regulations or to promote illegal activity, including but not limited to the Children’s
Online Privacy Protection Act, posting or transmitting child pornography or obscene material, gambling,
the offering for sale of illegal weapons or substances, the promotion or publication of any material that
may violate hate crime laws, or by exporting software or technical information in violation of U.S. export
control laws. Customer will not use, or allow others to use, the Service to commit a crime, act of terrorism
or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts
of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters that request money or other
items of value.
3. NO COPYRIGHT OR TRADEMARK INFRINGEMENT
Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any
information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of
any other person or entity. This includes, but is not limited to digitization of music, movies, photographs
or other copyrighted materials or software. Customer must obtain appropriate authorization from such
other person or entity prior to sending, receiving or using such materials. Customer represents and
warrants that Customer is the author and copyright owner and/or authorized licensee with respect to
any hosted content and Customer further represents and warrants that no hosted content violates the
trademark, copyright, domain name or intellectual property rights of any third party. Charter assumes no
responsibility, and Customer assumes all risks regarding the determination of whether material is in the
public domain, or may otherwise be used for such purposes.
Charter is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA,
copyright owners have the right to notify Charter if they believe that a Charter customer has infringed the
copyright owner’s work(s). If Charter receives a notice from a copyright owner alleging any Customer has
committed copyright infringement, Charter will notify the Customer of the alleged infringement. Charter
may determine that Customer is a repeat copyright infringer if Charter learns that Customer has engaged
in online copyright infringement on more than one occasion. Charter reserves the right to suspend or
terminate the accounts of repeat copyright infringers.
4. NO THREATS, HARASSMENT OR TORTIOUS CONDUCT
Customer will not use, or allow others to use, the Service to post or transmit any material that threatens
or encourages bodily harm or destruction of property or which harasses, abuses, libels, defames, slanders,
or otherwise constitutes tortuous conduct.
5. NO HARM TO MINORS
Customer will not use, or allow others to use, the Service to harm or attempt to harm a minor, including
but not limited to using the Service to send pornographic, obscene or profane materials involving minors.
6. NO “SPAMMING”
Customer will not use, or allow others to use, the Service to send unsolicited messages or materials, bulk
email or other forms of solicitation (“spamming”). Charter reserves the right, in Charter’s sole discretion,
to determine whether such posting or transmission constitutes unsolicited messages or materials.
Forging, altering or removing electronic mail headers is prohibited. Deceiving any recipient as to the
identity of the sender through any process is prohibited. Customer may not, or allow others to, reference
Charter or the Charter network in any email in an attempt to mislead the recipient.
33
7. NO “HACKING”
Customer will not use, or allow others to use, the Service to access the accounts of others or to attempt
to penetrate security measures of the Service or other computer systems (“hacking”) or to cause a
disruption of the Service to other online users. This includes but is not limited to achieving or attempting
to achieve, or assisting others in achieving or attempting to achieve, any unauthorized access to any
computer, cable or telecommunications system, network, software, data, information or any other
proprietary material. Customer will not use, or allow others to use, tools designed for compromising
network security, such as password-guessing programs, cracking tools, packet sniffers or network probing
tools. In addition, Customer will not participate in, or allow others to participate in, the collection of email
addresses, screen names or other identifiers of others (without their prior consent), a practice known as
spidering or harvesting, or participate in the use of software (including “adware” or “spyware”) designed
to facilitate this activity.
8. NO SYSTEM DISRUPTION
Customer will not use, or allow others to use, the Service to disrupt Charter’s network or computer
equipment owned by Charter or other Charter customers. This includes but is not limited to improperly
interfering with, inhibiting, degrading or restricting the use and operation of the Service by others, sending
or receiving excessive data transfers (as determined in Charter’s reasonable discretion) for the package
or tier of service to which Customer subscribes, or modifying or altering in any manner any modem
or modem configuration so as to allow its use beyond the parameters outlined by the specific level of
service to which Customer subscribes. Any static or dynamic IP address must be specifically authorized
and provisioned by Charter. Altering any IP address provisioned by Charter or otherwise cloning another
user’s IP address is prohibited. Customer also agrees that Customer will not use, or allow others to use,
the Service to disrupt other Internet Service Providers (“ISPs”) or services, including, but not limited to,
email bombing or the use of mass mailing programs. Customer may not use bandwidth in excess of that
associated with the package or tier of service to which Customer subscribes.
In addition, Customer will not, or allow others to, alter, modify, service, or tamper with the Charter
Equipment or Service or permit any other person to do the same who is not authorized by Charter.
9. SECURITY
Customer is solely responsible for the security of any device connected to the Service, including any data
stored on that device. Charter recommends that Customer take appropriate security precautions for any
systems connected to the Service. Customer is responsible for securing any wireless (“WiFi”) networks
connected to the Service. Any wireless network installed by Customer or a Charter representative that is
unsecured or “open” and connected to the Charter network will be deemed to be operating as an ISP and
subject to the prohibition on commercial use set forth in Section 1 above.
10. NO IMPERSONATION OR FORGERY
Customer will not, or allow others to, impersonate another user; falsify one’s user name, company name,
age or identity in email or in any post or transmission to any newsgroup or mailing list or other similar
groups or lists; or knowingly or unknowingly create or use an email address that has the effect of being
misleading. Customer will not, or allow others to, forge, alter or remove any message header of any
electronic transmission, originating or passing through the Service. Customer will not, or allow others to,
forge anyone else’s digital or manual signature.
11. NO ABUSE OF NEWSGROUPS
Customer will not, or allow others to, post a similar item to more than six (6) newsgroups or mailing lists.
Customer will not, or allow others to, post or transmit any private, third-party email to any newsgroup
or mailing list without the explicit approval of the sender. Customer will not, or allow others to, post
messages that do not comply with or are not permitted by or otherwise violate the newsgroup’s terms
of use, written charters, FAQ or similar instructions or guidelines. Customer will also not circumvent the
approval process for posting to a moderated newsgroup and will not “flood,” “newsbomb” or otherwise
disrupt users of newsgroups by posting a large number of messages to a newsgroup with the intent to
34
hinder normal discussion, cancel messages of others (except as an authorized moderator), send excessive
quantities of data to a newsgroup, post binary files to newsgroups that do not expressly permit them or
download any newsgroup in bulk unless expressly permitted.
12. USE OF CHAT ROOMS AND SIMILAR INTERACTIVE PROGRAMS
Customer will not, or allow others to, participate in chat rooms, bulletin boards, discussion groups or
other interactive sections of the Internet (“Chat Rooms”) that Customer or a person using Customer’s
service has been banned from using. Customer will not, nor allow others to, violate the acceptable use
policy of the server or Chat Room. In addition, Customer will not, or allow others to: flood or scroll such
Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such
Chat Rooms by others); use automated programs such as “bots” or “clones” to participate in Chat Rooms
unless Customer is physically present at Customer’s computer; manipulate any Chat Room server to
harass or disconnect other Internet users or to gain privileges that Customer is not entitled to; send Chat
Room messages to recipients who have indicated their desire not to receive such messages; or forge, alter
or hide Customer’s identity.
13. NETWORK MANAGEMENT
Charter manages its network to deliver the best possible service to all of our customers. This is necessary
because high-speed bandwidth and network resources are not unlimited. Additionally, if we did not
manage our network, our customers would be subject to the negative effects of “spam,” viruses, security
attacks, network congestion, and other risks and degradations of service. To address these risks, Charter
uses reasonable network management practices with the goal of relieving network congestion and
ensuring that all customers have the opportunity to use the Service with the best available results. Charter
uses tools that it considers to be the least disruptive to the customer experience.
In the case of significantly high bandwidth usage causing congestion (regardless of the usage type or
format), Charter may temporarily reduce the available bandwidth to those customers identified as using
such high amounts of bandwidth as necessary to reduce bandwidth congestion. This may cause high
bandwidth users to temporarily experience slower Service speeds, but specific network traffic is not
targeted for restriction during these times. While Charter does not guarantee that the network will never
experience disruptions, we believe our network management techniques are among the best available for
assuring a good customer experience. Of course, Charter’s network management practices will change
and evolve, along with the uses of the Internet and the challenges and threats on the Internet.
14. NO EXCESSIVE USE OF BANDWIDTH
The Service is for residential use and only within limits that Charter considers reasonable for the service
level to which Customer subscribes. Residential service usage for Customers subscribing to the Lite or
Express packages should not exceed 100 Gigabytes (“GB”) of data per month. Usage for Customers
subscribing to the Plus or Max packages should not exceed 250 GB of data per month and usage for
Customers subscribing to the Ultra60 package should not exceed 500 GB of data per month. Charter
reserves the right to revise or implement additional usage limits at any time.
It is a violation of this Policy to use the Service in excess of these limits. In these cases, Charter may, in
its sole discretion, notify Customer of excessive use and (i) request Customer to employ corrective or
self-limiting actions to comply with this provision; (ii) suspend or terminate Customer’s Service account;
or (iii) request that Customer subscribe to a version of the Service (such as a commercial-grade Internet
service, if appropriate) for use at higher data consumption levels that align with Customer’s usage
patterns. Charter’s determination of the data consumption for Service accounts is final.
15. NO “VIRUSES”
Customer will not use, or allow others to use, the Service to transmit computer “viruses,” worms, “Trojan
horses,” denial of service attacks or other harmful software programs or information containing any lock,
key, bomb, worm, cancelbot or other harmful feature. Customer will use standard practices to prevent the
transmission of such viruses, or other harmful software and information. As software or other content
downloaded from the Service may contain viruses, it is Customer’s sole responsibility to take appropriate
precautions to protect Customer’s computer from damage to its software, files and data.
35
16. RIGHT TO MONITOR
Neither Charter nor any of its affiliates, suppliers or agents have any obligation to monitor transmissions
or postings (including but not limited to email, newsgroup and instant message transmission as well as
materials available on the personal web pages and online storage features) made on the Service. However,
Charter and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings
from time to time for violations of this Policy, including for purposes of management of the network and
implementing limitation of bandwidth use and to disclose, block, or remove them in accordance with the
Subscriber Agreement and any other applicable agreements and policies.
17. OTHER SERVICE PROVIDERS’ ACCEPTABLE USE POLICIES
Charter obtains services from and relies upon many other entities to provide the Service to Customer.
Where Customer accesses services of other entities through the Service, Customer agrees to and shall
abide by the publicized acceptable use policies of such other known entities.
18. NO WAIVER
The failure by Charter or its affiliates to enforce any provision of this Policy at any given point in time shall
not be construed as a waiver of any right to do so at any future time thereafter.
19. REVISIONS TO POLICY
Charter reserves the right to update or modify this Policy at any time and from time to time with or
without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance
of this Policy. Notice of modifications to this Policy may be given by posting such changes to Charter’s
homepage (www.charter.com), by email or by conventional mail, and will be effective immediately upon
posting or sending. Customers should regularly visit Charter’s website and review this Policy to ensure
that their activities conform to the most recent version. In the event of a conflict between any subscriber
or customer agreement and this Policy, the terms of this Policy will govern. Questions regarding this
Policy should be directed to [email protected]. Complaints of violations of it by Charter
customers can be directed to [email protected].
Acceptable Use Policy, Effective November 2010
CHARTER INTERNET RESIDENTIAL CUSTOMER AGREEMENT
Charter Internet, including, but not limited to any service features that may be available or provided as
part of the service offering customer has elected to receive (e.g., electronic mail, portal components,
home networking, etc.), (“Service”) is an Internet access service. This Service Agreement (“Agreement”)
states the terms and conditions under which Charter Communications, Inc. and its subsidiaries
(collectively “We” or “Charter”) will provide the Service to a subscriber (“You” or “Customer”). By using
the Service, Customer agrees to be bound by the terms of this Agreement and the Acceptable Use Policy
(“AUP”) as each may be amended from time to time.
CHARTER REGULARLY UPDATES AND AMENDS THIS AGREEMENT, THE AUP, AND THE CUSTOMER
PRIVACY STATEMENT. CUSTOMER SHOULD CONSULT CHARTER’S WEBSITE TO BE SURE CUSTOMER
REMAINS IN COMPLIANCE.
1. Equipment Needs For Provision of the Service
To use the Service, Customer must have a personal computer, an Ethernet network interface, a modem,
and operating system software meeting Charter’s then-applicable minimum requirements.
1.1 Computer Equipment. The personal computer that Customer uses to access the Service must meet
minimum configuration standards. Please refer to System Requirements for the current specifications.
The minimum configuration standards may change, and Charter will make reasonable efforts to support
previously acceptable configurations; however, Charter is not obligated to continue to provide such
support. Charter may supply equipment such as modems, gateways, routers or wireless cards, for a fee, to
operate the Service. Customer acknowledges that such equipment may require updates and/or changes
to the software resident in the equipment and that Customer may be required to perform such updates
and/or changes. Notwithstanding, Customer hereby authorizes Charter to perform updates and/or
changes, on-site or remotely from time to time as Charter deems necessary, in Charter’s sole discretion.
36
Charter does not provide technical assistance for third-party hardware or software, including but not
limited to home networks other than the Charter Home Networking Service or gaming systems. Any
questions concerning third-party hardware or software should be directed to the manufacturer of
that product. Charter has no responsibility for the operation or support, maintenance or repair of any
equipment, software or services that Customer elects to use in connection with the Services.
household living with Customer at the same address. Customer acknowledges that Customer is executing
this Agreement on behalf of all persons who use the Charter Equipment and/or Service by means of the
Customer Equipment. Customer agrees that Customer is solely responsible and liable for any and all
breaches of the terms and conditions of this Agreement, whether such breach results from Customer’s
use of the Service or by another using Customer’s computer.
Customer will not connect any equipment, other than equipment authorized by Charter, to the cable
modem outlet. Customer understands that failure to comply with this restriction may cause damage to
the Charter network and subject Customer to liability for damages and/or criminal prosecution. Customer
may not alter, modify or tamper with the Equipment or the Service, or permit any other person to do the
same that is not authorized by Charter.
The identifying information that Customer has provided and will provide to Charter during the term of
this Agreement, including without limitation Customer’s legal name, address, telephone number(s),
the number of computers on which the Service is being accessed and payment data (including without
limitation information provided when authorizing recurring payments) is accurate, complete and current.
Customer agrees to promptly notify Charter, in accordance with the terms of this Agreement, upon the
occurrence of any change in the status of Customers’ account (e.g., change in individuals authorized
to use Customer’s account) or if there is any change in the information that Customer has provided to
Charter. Failure to provide and maintain accurate information constitutes a breach of this Agreement.
1.2 Network Interface. When Charter installs the Service, Customer will need a network interface card
or adapter providing an Ethernet. If Customer does not have a network interface, it may be possible for
Customer to purchase from Charter. This interface will become Customer’s property, even if Customer
terminates the Service.
1.3 Cable Modem. Customer may purchase or lease the cable modem. If Customer leases the modem,
Customer must return it to Charter at the end of the lease period. If Customer purchases the cable
modem, Charter reserves the right to download firmware to meet current requirements. Charter currently
supports many DOCSIS-compliant standard cable modems. Please refer to System Requirements for the
currently supported modems.
1.4 Software. At the time of installation of the Service, Charter may provide Customer with common
Charter or third-party software (e.g., a browser and plug-ins) to enable and enhance the Service.
Charter does not support third-party software. If Customer has any questions concerning third-party
software, Customer should contact the software manufacturer directly. Any and all software provided
by Charter is the property of Charter and/or its suppliers and licensors. Charter hereby grants Customer
a non-exclusive, non-transferable license to use and to install on Customer’s computer system(s) the
software for use solely in connection with the Service. Customer’s license to use any software provided
by Charter and its suppliers and licensors is contingent upon Customer’s compliance with all use
and other restrictions contained in this Agreement and the AUP. It is a material breach for Customer
to copy, duplicate, reverse engineer or in any way modify, change, tamper with or interfere with any
software provided to Customer by Charter. Upon any termination or expiration of this Agreement or the
disconnection of Customer’s Service, this license will terminate and Customer agrees to then destroy all
copies of the software that were delivered to Customer (including by erasing and deleting the software
from Customer’s computer system). Customer hereby represents and warrants to Charter that Customer
owns the operating system software and associated use/license rights thereto for the computers that are
connected to the Charter network.
1.5 Security. Customer acknowledges and agrees that when using the Service to access the Internet
or any other online network or service, there are certain risks that may enable other Internet users to
gain access to or use of Customer’s equipment. Customer is responsible for taking and should take
all appropriate security measures when using the Service, including those recommended in Charter’s
Internet Security website. Those recommendations can be found at http://security.charter.com and are
incorporated into this Agreement by reference. Customer is responsible for any misuse of the Service that
occurs through Customer’s account whether by a member of Customer’s household or an authorized or
unauthorized third-party.
1.6 Cookies. Customer may access their Charter email account at www.charter.net, or by using the user’s
software application (e.g. Outlook, Outlook Express, Incredimail, and Apple Mail). When accessing email
at www.charter.net, Customer must have their browser configured to accept cookies. www.charter.net will
notify the user, if their browser is not configured to accept cookies.
2. General Subscriber Responsibilities and Warranties
Customer warrants that he or she is at least 18 years of age.
37
Customer agrees that the subscription is personal to Customer and agrees not to assign, transfer, resell or
sublicense Customer’s rights as a subscriber unless specifically allowed by this Agreement. The Service
and the Charter Equipment shall be used only by Customer and by members of Customer’s immediate
When Customer completes registration for the Service, Customer must select a user name and password
to be used by Customer to access the Service. Customer agrees that Customer is responsible for anyone
using Customer’s computer system, password or name or user name in connection with the Service and for
ensuring that anyone who does use the Service through Customer’s computer or access to the Service, does
so in accordance with the terms and conditions of this Agreement. Customer agrees to take all reasonable
measures necessary to ensure that the Service is not used by another without Customer’s consent.
Charter requires Customer to comply with the terms of Charter’s Acceptable Use Policy (“AUP”). A
copy of that Acceptable Use Policy can be found on Charter’s website at Acceptable Use Policy and is
incorporated into this Agreement by reference. Please review the AUP regularly as Charter updates and
amends that policy.
Customer shall be responsible for procuring and installing patches, any and all anti-virus and firewall
software/hardware and operating system patches, updates, or supplements that may be necessary for
(i) the protection and maximum functionality of Customer’s computer and related equipment and (ii)
the protection of Charter’s network and other customers. For purposes of clarification, Charter hereby
disclaims any and all responsibility and liability for any damages that may arise from Customer’s failure to
procure or install the aforementioned security software and/or hardware.
3. Monitoring the Services and Privacy
Charter is concerned with issues of privacy. Charter has no obligation to monitor content. However,
Customer agrees that Charter has the right to monitor the Service (including but not limited to,
content and Customer equipment as it may affect the Service from time to time) in accordance with
this Agreement, the AUP and its Internet Service Privacy Statement. A copy of the Internet Service
Privacy Statement can be found on Charter’s website at Your Privacy Rights and is incorporated into this
Agreement by reference.
For content residing on Charter’s servers, Charter reserves the right at all times and without notice to
remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content
or other information in Charter’s possession about or related to Customer, Customer’s use of the Service
or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the
System or Charter’s customer information.
Customer also authorizes Charter to make inquiries and to receive information about Customer’s credit
history from others and to utilize such information in its decision regarding its provision of the Service to
Customer. In addition, Customer agrees that Charter may collect and disclose information concerning
Customer and Customer’s use of the Service in the manner and for the purposes set forth here and in
Charter’s Internet Service Privacy Statement.
In order to protect the privacy of Customer’s account information, Charter may require that Customer
use a security code or other method, in addition to the user name and password referenced in Section
2 of this Agreement, to confirm Customer’s identity when requesting or otherwise accessing account
information, making changes to the Service or performing other functions related to the Service through
Charter’s customer service representatives. Customer may also choose to designate an authorized user of
Customer’s account (an “Authorized User”), who will be able to access Customer’s account information
38
and make changes to Customer’s account. Once established, an Authorized User will be required to
authenticate his/her identity in the same manner as Customer and according to Charter’s Authorized
User Policy.
4. Customer Payment Obligations
4.1 Service Fees. Charter will bill Customer a standard monthly fee for the Service. Customer agrees
to pay the bill by its due date and to be responsible for any and all charges, damages and costs that
Customer or anyone using Customer’s account incurs. If Customer leases equipment from Charter,
additional monthly charges will apply. In addition, Customer agrees to pay all applicable taxes. Charter
may also charge a monthly support maintenance fee or a per instance support charge, depending on
Customer location, for technical support services related to the Service including, but not limited to,
repairs or for any Service features, such as Charter’s Home Networking Service (“HN Service”). Charter
may change the amount of the standard monthly fee, the modem rental fee, or any applicable monthly
maintenance fee upon thirty (30) days written notice. Charter will identify any per instance support
charges to Customer prior to providing any technical support that would result in such charge(s). Subject
to applicable law, Customer must notify Charter of any billing errors or other requests for refund within
thirty (30) days of the date on which the error occurred.
4.2 Installation Fees. Charter may charge Customer a one-time installation fee. In some circumstances,
an additional installation fee may be required when customer adds additional Service features, such as
Charter’s HN Service. Charter shall notify Customer of such fee prior to installation. Customer shall not be
eligible to receive the applicable Service feature unless Customer pays any applicable installation fee.
4.3 Late Fees, NSF Fees, Collection Expenses and Termination for Unpaid Balances. If Customer’s
payments are not current, Charter may impose a late fee, the Service may be disconnected without
notice and Charter may remove Charter’s equipment from Customer’s premises. Charter may charge an
insufficient funds fee (NSF Fee) of $25 or to the extent permissible under applicable law for all returned
checks and bankcard/credit card charge-backs. The Customer must replace/pay the returned check
or declined card amount (plus applicable NSF Fee), and in any event, the Customer acknowledges and
agrees that Charter has the right to present to Customer’s banking institution for payment via electronic
funds transfer, any returned check or declined card amount and the applicable NSF Fee. Customer will
also be liable to pay Charter for all attorneys’ fees, collection fees or other expenses arising from efforts to
collect any unpaid balances on Customer’s account.
4.4 Charges for Online Services, Internet Transactions or Toll Charges for Dial-Up Service. Through use
of the Service, Customer may access certain information, products, and services of others, for which there is
a charge. These include, for example, certain online services such as America Online. Customer agrees that
Customer is solely responsible for all fees or charges for these online services, products or information.
4.5 Credit Inquiries. Customer authorizes Charter to make inquiries and to receive information about
Customer’s credit experience from others, to enter this information in Customer file, and to disclose this
information concerning Customer to appropriate third parties for reasonable business purposes.
4.6 Payment by Credit Card, Debit Card or ACH Transfer. If Customer has elected to be billed by credit
card, debit card or ACH transfer, Customer agrees that he/she will automatically be billed each month
for any amounts due under this Agreement. If Customer makes payment by check, Customer authorizes
Charter and its agents to collect this item electronically.
5. Limited Warranty – Modem
39
In the event Customer purchases a cable modem from Charter in conjunction with the Service, Charter
provides a limited one (1) year warranty against any defect in materials or workmanship of the modem
purchased directly from Charter. This limited warranty shall supersede any and all manufacturer
warranties. In the event there is a problem with the modem that cannot be corrected either over the
telephone or onsite, Charter will replace the equipment with either a new or refurbished unit at Charter’s
option. In addition, Charter does not guarantee that the equipment it replaces will be the same make or
model as the originally purchased equipment. This warranty expressly excludes defects in the modem
caused by acts of nature, such as but not limited to lightning damage, damage from misuse or neglect,
water damage, loss of programming or data, or installation. To obtain warranty service, please contact
Your local Charter office for assistance.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
6.1 NO WARRANTY. CUSTOMER AGREES THAT CUSTOMER USES THE SERVICE AND ANY
SOFTWARE AND EQUIPMENT SUPPLIED BY CHARTER AT CUSTOMER’S SOLE RISK. THE SERVICE
AND CHARTER EQUIPMENT ARE PROVIDED ON AN “AS-IS BASIS” AND EXCEPT TO THE LIMITED
EXTENT SPECIFICALLY STATED IN SECTION 5, IF APPLICABLE, WITHOUT WARRANTIES OF ANY
KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. CHARTER DOES NOT WARRANT
UNINTERRUPTED USE OF SERVICE. CHARTER DOES NOT WARRANT THAT THE SERVICE WILL
BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE,
ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN
DEPLOYED. CHARTER DOES NOT WARRANT THAT ANY DATA OR FILES CUSTOMER SENDS
OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A
REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER
USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER. THIS INCLUDES BUT
IS NOT LIMITED TO INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS
THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S EQUIPMENT OR TO MONITOR
CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE.
CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT CHARTER UTILIZES ANTI-SPAM
SOFTWARE AND THAT SUCH SECURITY TECHNOLOGY IS A FEATURE OF THE SERVICE THAT MAY
BLOCK INCOMING AND OUTGOING ELECTRONIC MAIL. CHARTER DOES NOT WARRANT THAT
SUCH FEATURE WILL BLOCK ALL UNWANTED MAIL/SPAM OR THAT ALL MAIL THAT IS BLOCKED
CONSTITUTES UNWANTED MAIL/SPAM. CONSISTENT WITH OTHER STATEMENTS SET FORTH IN
THIS SECTION, CHARTER DOES NOT WARRANT THAT SUCH FEATURE WILL BE ERROR-FREE.
In addition, in its sole discretion, Charter may make available to Customer security software, such as antivirus software, firewall software, “pop-up” advertising blocking software, parental control software, antispyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction
with the Service. Any such security software provided by Charter to Customer is intended to provide only
a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS AND
AGREES THAT CHARTER AND ITS THIRD-PARTY SUPPLIERS OF ANY SUCH SECURITY SOFTWARE
DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS
AND AGREES THAT CHARTER AND ITS THIRD-PARTY SUPPLIERS ARE NOT RESPONSIBLE FOR
ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) OR THE INFORMATION STORED ON IT
THAT MAY RESULT FROM THE SECURITY SOFTWARE OR ITS NON-PERFORMANCE.
When Customer uses the Service and/or accesses Charter websites, Customer may encounter links
allowing Customer to visit websites operated or owned by third parties (“Third Party Site(s)”). Charter
provides these links as a convenience and they are not under the control or ownership of Charter. The
presence of a link to any Third Party Site is not an endorsement by Charter of the Third Party Site, an
acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any
information or offer on the Third Party Site. Customer’s use of any third party site is governed by the
various legal agreements and policies posted at that website.
CUSTOMER UNDERSTANDS AND AGREES THAT CHARTER DOES NOT GUARANTEE THAT ANY
PARTICULAR AMOUNT OF BANDWIDTH ON THE CHARTER NETWORK OR THAT ANY SPEED OR
THROUGHPUT OF CUSTOMER’S CONNECTION TO THE CHARTER NETWORK WILL BE AVAILABLE
TO CUSTOMER. Customer understands and agrees that the speed of the Service provided at Customer’s
site will vary depending upon a number of factors, including Customer’s computer system(s) and associated
equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions,
events beyond Charter’s control, and system failures, modifications, upgrades and repairs.
Customer understands that Charter may use various tools and techniques in order to efficiently manage
its networks and to ensure compliance with Charter’s AUP (“Network Management Tools”). These may
include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious
code, and managing network resources through techniques such as limiting the number of peer-to-peer
sessions Customer can conduct at the same time, limiting the aggregate bandwidth available for certain
40
usage protocols such as peer-to-peer and newsgroups, and such other Network Management Tools as
Charter may from time to time determine appropriate.
Customer further understands and agrees that, to allocate bandwidth across all of its users, Charter may
employ traffic-management technology, including but not limited to packet-reset technology, which
technology may materially slow the uploading of certain files.
Customer’s sole and exclusive remedies under this Agreement are as set forth in this Agreement. Because
some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions
may not apply to Customer.
6.2 LIMITATION OF LIABILITY/EXCLUSIVE REMEDY. CHARTER’S ENTIRE LIABILITY AND
CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE OR ITS
SOFTWARE AND EQUIPMENT, OR ANY BREACH BY CHARTER OF ANY OBLIGATION CHARTER
MAY HAVE UNDER THIS AGREEMENT, SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE
SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE SOFTWARE OR
EQUIPMENT PROVIDED BY CHARTER TO CUSTOMER. IN ADDITION, CHARTER SHALL NOT BE
LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF,
ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY TV, MONITOR OR
SCREEN BURN-IN, PIN MISALIGNMENT, UNEVEN TV, MONITOR OR SCREEN WEAR, STUCK PIXELS,
PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. CHARTER SHALL
NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM
THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE
PROVISION OF SERVICES.
FOR CERTAIN PRODUCT OFFERINGS, CHARTER MAY OFFER A LIMITED 30-DAY, NO RISK MONEYBACK GUARANTEE. ANY SUCH LIMITED GUARANTEE IS SUBJECT TO THE SPECIFIC CONDITIONS
INCLUDED WITH THE OFFER. IN NO EVENT SHALL CHARTER LIABILITY TO CUSTOMER FOR
ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER
TO ACCESS AND USE THE SERVICE FOR A PERIOD OF THREE MONTHS. CUSTOMER HEREBY
RELEASES CHARTER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF
THIS LIMITATION.
IN NO EVENT SHALL CHARTER BE LIABLE FOR ANY BREACH OF WARRANTY, OR FOR DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES
WITH REGARD TO THE INSTALLATION, OUTAGE, MAINTENANCE, USE, FAILURE OR REMOVAL OF
THE SERVICE, EVEN IF DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE (OR
EQUIVALENT BEHAVIOR) OF CHARTER, ITS EMPLOYEES OR AGENTS.
CUSTOMER ACKNOWLEDGES AND AGREES THAT CHARTER HAS SET ITS PRICING FOR THE
SERVICE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN THE PARTIES. CUSTOMER UNDERSTANDS AND AGREES THAT THE
LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS IN THE AGREEMENT WILL
SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
6.3 Right of Entry and Damage to Customer’s Home or Business Computer During Installation.
Customer agrees to permit Charter to enter Customer’s home and property at reasonable times to install,
connect, disconnect, repair or inspect the equipment used to provide the Service. If Customer is not the
owner of the premises upon which the Service is to be installed or serviced, Customer represents and
warrants that Customer has obtained the consent of the owner of the premises for Charter personnel and/
or its agents to enter the premises for the purposes described above. Charter will not enter Customer’s
home to install or repair Customer’s Service unless an adult is present in Customer’s home at the time
of the service call. Customer authorizes any other adult resident or guest at Customer’s residence to
grant Charter access to Customer’s premises, if Customer is not at home when Charter makes a service
visit. Customer acknowledges and agrees that installation or repair of the Service or Customer’s cable
system may require Charter personnel and/or its agents to open Customer’s computer. Charter neither
represents, warrants, nor covenants that such modifications will not disrupt the normal operation of
Customer’s computer. Charter shall not be liable for any damage, loss or destruction to Customer’s home
41
or Customer’s computer equipment whatsoever during installation or repair, including but not limited
to any damage to, or loss or destruction of, any hardware, software, files or data. Charter is also not
responsible for returning Customer’s computer to its original configuration. If Customer is not the owner
of the premises, Customer shall indemnify and hold Charter harmless from and against any claims of the
owner of the premises arising out of the performance of this Agreement.
6.4 Damage to Equipment Owned by Charter. All equipment provided by Charter shall remain its sole
property throughout the term of this Agreement, unless expressly stated otherwise. Customer agrees
that Customer will not sell, transfer, lease, assign or otherwise encumber any equipment leased by
Charter to Customer. Customer agrees to pay the full retail cost for the repair or replacement of any lost,
stolen, damaged or unreturned Equipment, together with any costs incurred by Charter in obtaining or
attempting to regain possession of leased equipment.
6.5 Force Majeure. Customer agrees that Charter will not be liable for any inconvenience, loss, liability or
damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances
beyond its control, including but not limited to denial of use of poles or other facilities of a utility company,
labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in
any way restricting the operation of the Service.
6.6 Mailbox Deactivation. Customer agrees that Charter owns any and all mailboxes associated with the
Service and may reclaim such mailboxes at any time for any reason. Charter may also limit the number of
new email addresses that can be created within a 24-hour time period. Customer agrees that if Customer
does not access a Charter mailbox for a period of six months, Charter may deactivate the mailbox.
Customer understands that Charter will delete the contents of the mailbox, if any, at that time. If after that
time, Customer does not access such Charter mailbox for an additional period of three months, Charter
shall have the right to reassign such mailbox.
6.7 Mail Storage. If Customer elects to store electronic mail on Charter’s server(s), such electronic mail
is subject to deletion three days after Customer first retrieves such electronic mail. Regardless of the
retrieval protocol used by Customer, in no event will Charter be responsible for maintaining, and Charter
will not guarantee storage of, such electronic mail for any period of time. Charter also reserves the right to
enforce email storage limits.
6.8 Network Security and Management. Customer agrees that Charter may block traffic to and from any
source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure
its network and/or eliminate spam. Charter may take other actions, in its sole discretion, to manage or
protect its network or to benefit the greatest number of its subscribers, including but not limited to, traffic
prioritization and protocol filtering, and in some instances, suspend or terminate access by Customer
to the network. Charter may take these actions, with or without notice, in situations where Charter
believes, in its sole discretion, that Customer may harm the Charter network or disrupt the performance
of the Service for other users or where Customer is transmitting or is otherwise connected with what
Charter considers in its sole discretion to be spam. Customer agrees that Charter is entitled to damages
if Customer is transmitting or is otherwise connected with spam. Customer agrees Charter is entitled
to actual damages, however, if actual damages cannot be reasonably calculated, Customer agrees to
pay Charter liquidated damages of five dollars (U.S. $5.00) for each piece of spam transmitted from or
otherwise connected with Customer’s account.
7. INDEMNIFICATION
CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS CHARTER, ITS PARENTS,
SUBSIDIARIES, MEMBERS, AFFILIATES, OFFICERS AND EMPLOYEES FROM ANY CLAIMS
BROUGHT AGAINST CHARTER RELATED TO CUSTOMER’S USE OF THE SERVICE OR THE
VIOLATION OF THE ACCEPTABLE USE POLICY OR THE PRIVACY POLICY, INCLUDING BUT NOT
LIMITED TO, CLAIMS THAT CUSTOMER’S USE OF THE SERVICE INFRINGED ON THE PATENT,
COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY,
CLAIMS ARISING FROM ANY BREACH OR ALLEGED BREACH BY CUSTOMER OF THIS AGREEMENT
OR THE AUP, OR ANY CLAIM RESULTING FROM CUSTOMER’S NEGLIGENCE. CUSTOMER AGREES
TO PAY ANY ATTORNEYS’ FEES INCURRED BY CHARTER IN BRINGING ANY ACTION RELATED TO
THE SERVICE OR A BREACH OF THE TERMS OF THIS AGREEMENT.
42
8. Termination of the Service
8.1 Customer’s Right to Terminate the Service. Customer may terminate the Service at any time by
calling Customer’s local customer service department. Email submissions to Charter shall not constitute
effective notice. Upon termination, Customer agrees to pay any outstanding account balance and
Customer will return any leased equipment to Charter within ten (10) days of termination of account. If
Customer does not return leased equipment within ten (10) days of the date of termination of Customer’s
account, Charter reserves the right to charge Customer for up to the full retail value of the leased
equipment, which Customer failed to return. IF CUSTOMER CANCELS THE SERVICE FOR ANY REASON,
CHARTER WILL NOT BE REQUIRED TO REFUND TO CUSTOMER ANY PORTION OF THE MONTHLY
CHARGES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS.
8.2 Charter’s Right to Suspend/Terminate the Service. The Service and all Service features are subject
to availability on an ongoing basis. Customer understands that Charter may cease to offer the Service or
any Service feature at any time. Charter may suspend, disconnect and/or terminate the Service at any
time without prior notice if Charter believes in its sole discretion that Customer has:
(a) Failed to pay Customer’s bill when due;
10.3 Governing Law. This Agreement and all matters arising out of or related to this Agreement will be
governed by the laws of the State of Missouri, without regard to conflicts of law provisions. Customer
agrees that the federal and state courts of Missouri alone have jurisdiction over all disputes arising under
this Agreement and Customer consents to personal jurisdiction of those courts.
10.4 Severability. If any term, covenant, condition or portion of this Agreement shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement shall not be affected and each remaining term,
covenant or condition shall be valid and enforceable to the fullest extent permitted by law.
10.5 Changes to the Agreement. Charter may change, amend, alter, or modify this Agreement at any
time. Charter may notify Customer of any change either by posting that change on Charter’s website
(www.charter.com), by sending Customer an email or by U.S. mail. If Customer continues to use the
Service after such notice has been made of a change, Customer agrees that such continued use shall be
deemed to be Customer’s acceptance of those changes. The updated, online version of this Agreement
shall supersede any prior version of this Agreement that may have been included in any software or
related materials provided by Charter. This Agreement should be read in conjunction with Charter’s AUP
and all other applicable policies.
(d) Violated any other provision of this Service Agreement.
10.6 No Assignment. Customer may not assign this Agreement, or Customer’s rights or obligations under
this Agreement, without Charter’s prior written consent. Charter may transfer or assign any portion or all
of this Agreement at any time without notice to Customer, and Customer waives any such notice which
may be required.
If Customer is disconnected for any reason and/or service is suspended in accordance with this
agreement, Customer may be charged (i) a reasonable disconnection and/or a reconnection fee and/or
(ii) for service during the period of suspension in accordance with applicable federal and state law.
10.7 Waiver. Except as otherwise provided herein, the failure of any party to enforce any provision of this
Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such
provision.
8.3 Rights Upon Termination. In the event that Customer’s account is suspended, disconnected, and/
or terminated, no refund, including any fees Customer paid to Charter, will be granted; no online time
or credits (for example, points in an online game) will be credited to Customer, nor can it be converted
to cash or another form of reimbursement. Moreover, Charter will not be responsible for the return of
data stored on Charter’s servers, such as web and email servers. Customer agrees that Charter has no
obligation to visit Customer’s home upon termination to reconfigure Customer’s computer.
10.8 Contact Information. If Customer experiences a problem with the Service, Customer may contact
Customer’s local customer service which can be located using Charter’s website at (www.charter.com).
(b) Threatened or harassed any Charter employee or contractor;
(c) Violated the Acceptable Use Policy; or
9. Home Networking
Customer may elect to receive the HN Service to facilitate the simultaneous, multiple connection to the
Service from up to five (5) personal computing devices within Customer’s single household. Customer
shall be solely responsible for and shall indemnify and hold Charter harmless from and against any and
all claims and expenses (including reasonable attorneys’ fees) arising out of Customer’s use or misuse of
the HN Service. Customer acknowledges and agrees that the HN Service may only be used for residential,
non-commercial purposes. Customer further acknowledges that the HN Service may still be subject to
the security risks outlined in Section 1.5 of this Agreement, and that the disclaimer of warranty set forth
in Section 6.1 of this Agreement will continue to apply to use of the HN Service. Use of the HN Service for
commercial purposes is strictly prohibited. (Please contact the local Charter office to inquire about the
availability of commercial service options.)
10. Miscellaneous
10.1 Entire Agreement. This Agreement and the schedules referenced in this agreement constitute
the entire agreement with respect to the Service. This Agreement supersedes and nullifies all prior
understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties
with respect to the subject matter of this Agreement.
10.2 No Rights or Remedies for Third Parties. This Agreement is not intended to give and does not give
any rights or remedies to any person other than Customer and Charter.
10.9 Consent to Phone, Mail and Email Contact. Customer consents to Charter calling the phone
numbers and emailing any email addresses Customer has supplied to Charter, including mobile and
wireless numbers, for any purpose, including the marketing of its current and future Services. Customer
agrees that such phone calls may be made using any method, including an automatic dialing system or an
artificial or recorded voice. If Customer’s wireless or mobile provider charges Customer for receipt of such
messages, Customer acknowledges and agrees that Customer is responsible for paying such charges.
Upon Customer’s request, the phone numbers and/or email addresses that Customer has previously
provided will be removed from Charter’s marketing list. Customer can make this request by calling Charter
or visiting Privacy Settings and requesting to be placed on Charter’s Do Not Call list and/or Do Not Email
list. Charter may still contact customer by phone or through email for non-marketing purposes.
10.10 Information for California Residents Only. Under California Civil Code Section 1789.3, California
residents are entitled to the following specific consumer rights information:
(a) Contact information. Customers can contact Charter at: Charter Communications, Attn: Customer
Care, 12405 Powerscourt Drive, St. Louis, Missouri 63131-3660, 1-888-GET-CHARTER.
(b) Complaints. California residents with complaints may also contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in writing at: State of
California, Department of Consumer Affairs, 1625 North Market Boulevard, Sacramento, CA 95834 or by
telephone at: (916) 445-1254.
(c) Charges. Charges to Customer imposed by Charter for use of the Service are as follows: Current rates
for using the Service are in Charter’s Pricing Schedule, which is provided to Customer with the installation
kit, may be included in Charter’s Services Guide and may be posted at Charter’s website (www.charter.
com). Charter reserves the right to change fees, surcharges and monthly fees or to institute new fees at
any time, all pursuant to Section 4 of this Agreement.
Customer Agreement, Effective April 2008
43
44
CHARTER PHONE CUSTOMERS
advance payment/COD is required, the amount is typically equal to the normal cost of installation plus
the cost of one month of service.
ABOUT CHARTER PHONE SERVICES
If the results of a credit assessment indicate that an advance payment or COD is required, and the finding
is based on your Social Security number being associated with a joint credit history, and you disagree with
that finding, you will be provided with the number to the reporting agency so you may attempt to resolve
the matter. At this time, Charter Telephone® service does not require a deposit to establish or maintain
telephone service.
Consumers have a right to the information necessary to make sound decisions. Please call our Customer
Care Center at 1-888-GET-CHARTER (1-888-438-2427) to obtain information about our products and
services.
Bill Disputes
You must notify our Customer Care Center at 1-888-GET-CHARTER (1-888-438-2427) within 30 days of
your billing date of any billing discrepancies.
CUSTOMER RIGHTS
Bill Payment and Adjustments
If you are unable to pay the total charges on your bill, you may enter into a payment arrangement. So long
as the terms of the payment arrangement remain met, your service will not be disconnected. Typically,
you may have between one and three billing cycles to pay the past-due balance; however, in addition to
the deferred amount, you must also pay all current charges each month.
Your telephone bill with only current charges is due within 21 days of delivery; any past-due balance is due
immediately. Your payment is considered past-due if not received by the date specified on the bill. A late
fee may be assessed on any unpaid past-due balance each month.
A returned payment fee of up to $25.00 may be assessed for any returned check or declined credit or
electronic payment. Additional charges may apply if further collection activity is required.
You may have your monthly amount due automatically deducted from a checking, savings or credit card
account. To sign up for this service or to obtain the hours and addresses of bill payment locations, please
call our Customer Care Center toll-free at 1-888-GET-CHARTER (1-888-438-2427).
You have the right to your continued local telecommunications package as long as full payment for that
local service is made in a timely way.
Call Blocking Options
Refer to your Welcome Kit or call our Customer Care Center at 1-888-GET-CHARTER
(1-888-438-2427) for detailed information on the call blocking options available in your area.
Choice of Services
Charter Telephone Services are provided to consumers without discrimination as to race, color,
sex, nationality, religion, marital status, income level and source of income, or from unreasonable
discrimination on the basis of geographic location.
Cramming — Charges on Your Telephone Bill
In some areas, once you agree to a payment arrangement plan, you may receive the terms in writing and
must sign and return the agreement for it to remain valid and avoid disconnection. Whether verbal or
in writing, if you do not meet the agreed payment arrangements at any time during the deferment, your
service may be disconnected. To exercise your right to request payment arrangements, call our Customer
Care Center toll-free at 1-888-GET-CHARTER (1-888-438-2427).
Filing a Complaint
To file a complaint with Charter by telephone, call our Customer Care Center at
1-888-GET-CHARTER (1-888-438-2427).
To file a complaint with Charter in writing, mail to: Charter Communications, 2 Digital Place, 4th Floor,
Simpsonville, SC 29681, ATTN: CCA – Charter Telephone.
If handling of the complaint is unsatisfactory, you may request a review by a supervisor.
Restoration of Service
In order to have service restored, any outstanding balance must be paid. There is a charge to have service
restored. If service is not restored within 60 days of disconnection, the restoration may be considered a
new connection and subject to credit assessment. Other conditions may apply. Please call our Customer
Care Center toll-free at 1-888-GET-CHARTER (1-888-438-2427) to arrange for the restoration of service.
Placing charges on your phone bill for products or services without your authorization is known as
“cramming” and is prohibited by law.
Service Standards
Charter may be providing billing services for other companies, so other companies’ charges may
appear on your telephone bill. If you believe you were crammed, you should contact the telephone
company that bills you for your telephone service — Charter Telephone® Service at 1-888-GETCHARTER(1-888-438-2427) — and request that it take corrective action.
Special Services and Assistance
Charter will do the following within 45 days of when it learns of the unauthorized charge:
• Notify the service provider to cease charging you for the unauthorized product or service;
• Remove any unauthorized charge from your bill;
• Refund or credit all money to you that you have paid for an unauthorized charge; and
• On your request, provide you with all billing records related to any unauthorized charge within15
business days after the charge is removed from your telephone bill.
Credit and Deposit Information
A credit assessment may be required to establish service. If required, you will be asked for the necessary
information or provided with alternatives if available. The result of the assessment process determines
whether more information and/or an advance payment and/or COD (cash on delivery) are required. If an
45
Deferred Payment Plans
Charter strives to maintain high quality service standards. Call our Customer Care Center at
1-888-GET-CHARTER (1-888-438-2427) with any questions about service standards.
If you, or someone you care for, has a physical disability, please contact our Customer Center toll-free at
1-888-GET-CHARTER (1-888-438-2427) so that special actions needed to inform you of your rights and/
or provide services may be discussed. Hearing and speech-impaired individuals with a text telephone
(TTY) may access the Telecommunications Relay Service (TRS) to place calls by dialing “711” from their
home telephone.
SUSPENSION/DISCONNECTION OF SERVICE
Upon advance written notice, Charter Telephone can suspend/disconnect your local telephone package
and services for any of the following reasons:
• Failure to pay for Telephone services or to make payment arrangements before the date of disconnection
indicated on the disconnect notice.
• Failure to comply with the terms of a payment arrangement plan.
46
Charter can suspend/disconnect the local Telephone package and services without notice for any of the
following reasons:
• Service is installed, connected or reconnected without authority.
• Where there is evidence or suspect of tampering with Charter’s equipment.
• Theft of service.
• Any other efforts to defraud Charter.
• Abuse, threats or harassment of Charter’s employees, agents and/or contractors.
Non-payment of an amount under dispute will not be subject to suspension/disconnection until the
resolution of the dispute if the amount is then deemed due.
Telephone Solicitation
All consumers have the right to have their home or mobile phone number added to the national do-notcall registry by calling 1-888-382-1222 (or TTY, 1-866-290-4236) or by going to www.donotcall.gov.
Registering for the national do-not-call list will reduce the number of unwanted telemarketing calls that
you receive. You may continue to receive non-telemarketing calls and telemarketing calls from those
groups, organizations and persons that are exempt under applicable laws, such business with which you
have an existing relationship.
Some states continue to maintain their own “no call” list; in Louisiana call 1-877-676-0773, in
Massachusetts’ call 1-866-231-2255 or go to www.govone.com/man, in North Carolina call1-888-3821222 or go to www.nocallsnc.com, and in Tennessee call 1-877-TRA-7030 or go towww.tn.gov/tra/
donotcall/nocall.htm, to get added to these state-specific lists. New York residents should be aware
of their rights under the General Business Laws §§ 399-p, 399-z and 399-pp, and under the Personal
Property Law Article 10-B. Washington residents should be aware that solicitors are required to identify
themselves and state their purpose within the first 30-seconds, that you have the right to ask to be
removed from the particular solicitor’s calling list, and that the Washington attorney general is authorized
to enforce state law.
FRAUD AND MISUSE OF SERVICE POLICY
Charter provides residential service for residential use only. Customers desiring voice service for business
purposes are required to purchase business voice service. Charter Communications reserves the right to
discontinue or block long-distance services without further notice if the customer is utilizing residential
service for business purposes, or other non-residential purposes as evidenced by excessive usage based
on average residential usage within the voice industry or other factors indicating non-residential use.
If Charter residential voice service is used for business purposes including access to the Internet,
telemarketing, auto-dialing or commercial or broadcast facsimile (i.e., fax), where any of these calls would
be long distance or local toll calls, the customer may request to reclassify service to Charter Business and
pay the fees associated with such service, prior to disconnection due to non-residential usage. Any such
conversion will be at the sole discretion of Charter. Customer is responsible for any fraudulent or misuse
of service that occurs through customer’s account whether by a member of customer’s household or an
authorized or unauthorized third party. Misuse includes modem hijacking, international calls, 411/directory
assistance calls, excessive usage and any per-minute-of-use charges.
What Is Modem Hijacking?
Modem hijacking is a type of fraud that takes place over a dial-up modem while you are on the Internet
downloading a file or, in some cases, accepting certain terms and conditions. While your computer is
downloading the information, the hijacker takes control of your modem and starts dialing international
locations. Usually, the first thing the hijacker does is disable the sound on your computer so that you
do not hear the modem dialing. Hijacked international calls will show up on your phone bill as dialed
international numbers.
47
How Do I Prevent Modem Hijacking?
Contact Charter Communications at 1-888-GET-CHARTER (1-888-438-2427) to replace dial-up Internet
service with high-speed Internet service, which includes Internet Security software that can help prevent
modem hijacking.
What Sites Are Prone to Hijacking?
Entertainment sites are the most targeted by modem hijackers, although any site could hijack a modem.
These sites often dial international numbers specializing in entertainment.
What Do I Look For?
The appearance of short international calls on your phone bill that you have not made. Typical target
countries are: Sao Tome, Wallis and Futuna, Central African Republic, Estonia, Austria and Lichtenstein.
What Should I Do if I Suspect Modem Hijacking?
1. Disconnect your telephone line from the dial-up modem immediately.
2. Contact Charter Phone customer service at 1-888-GET-CHARTER (1-888-438-2427) and request
international calling to be disabled.
3. Contact your Internet provider immediately or, if your Internet provider is Charter Communications, call
1-888-GET-CHARTER (1-888-438-2427) and request Internet Security.
Important Information about Charter Phone 911 Services & Battery Back up
To help you quickly respond to emergencies, Charter provides emergency 911 services much like
traditional telephone companies. Should you ever need to access emergency services – fire, police, or
ambulance – just dial the familiar digits “9-1-1,” using your Charter Phone service. Your call will be routed
directly to the nearest public-safety operator, who will dispatch the appropriate services. With Enhanced
911, emergency services will be able to quickly find you – your telephone number and address are
electronically routed to the operator the moment your call is connected.
Charter Phone provides your home with telephone service using a Multimedia Terminal Adaptor (MTA),
or a telephone modem, that requires electrical power in your home. As is the case with cordless phones,
your Charter Phone equipment will not work in the event of a power outage, and you will not be able
to make or receive calls, including 911 calls, unless at the time of ordering service you chose to have a
battery-slotted MTA installed and have purchased and installed a battery into the appropriate slot in
the MTA. In a power outage, a cordless telephone, and other equipment connected to the telephone line
that requires electricity, such as communications devices used to assist with disabilities, will not work
unless they also have a battery that allows them to function for a period of time without electricity to your
residence. You are responsible for providing and installing batteries for your cordless telephone and other
communications devices and to ensure that they operate during a power outage.
You are also responsible for the purchase of the MTA backup battery for which you will be assessed a
one-time charge at the time of order entry. If you would like to order an initial backup battery or extra
backup batteries, or if you would like to upgrade your MTA to a model that includes a slot for a backup
battery, you should contact Charter Customer Care at 1-888-438-2427.
The backup battery is designed only to power your MTA to enable calling, including 911 calling, for up to
eight hours of standby time and approximately five hours of talk time, in the event of a power outage.
You are also responsible for monitoring the status of the back-up battery and for ensuring that the battery
is charging normally. Please note the following battery status light conditions after the unit has been
connected and powered:
• If the status light is green and flashing, this denotes that the installed battery is taking a charge. This is
the unit’s normal operating mode upon being newly installed.
• A steady green light represents a fully charged battery; this typically takes a few hours after initial
power-up.
• Amber light signifies that the battery is discharging or not able to charge. If the unit displays an amber
light, the battery should be replaced.
48
The lithium-ion backup battery generally provides 6 to 10 years of service life. The back-up battery can
safely be stored within the following temperature range: –4 to 140 °F (–20 to 60 °C). However it is
important to note that storage of back-up batteries above 77°F (25°C) will significantly reduce life of the
battery and is not recommended.
Whenever commercial power or its equivalent is required to operate services or facilities provided by the
Company at the customer’s premises, the customer shall: furnish such power which shall be suitable for
the purpose; provide and maintain all necessary power wiring and power outlets in a suitable location
and in a safe fashion; and allow the Company access to the power supply, if necessary. IN THE EVENT
OF A POWER FAILURE, NO ALLOWANCE IS MADE FOR INTERRUPTION OF SERVICE AND THE
COMPANY SHALL NOT BE HELD LIABLE FOR SUCH AN INTERRUPTION OF SERVICE. NOR SHALL
THE COMPANY BE LIABLE FOR ANY PROPERTY DAMAGE OR PERSONAL INJURY, OR ANY OTHER
ALLEGED DAMAGE OR INJURY, CAUSED BY ANY CUSTOMER-PROVIDED POWER SUPPLY, WIRING
OR POWER OUTLET.
Caller ID Spoofing & Vishing
If you purchase the Caller ID calling feature with your Charter Phone service, you have the ability to
receive and accept calling party identification information. However, dishonest callers or “scammers” may
try to falsify incoming caller identification information to disguise their identity and transmit deceptive
information. This practice is called Caller ID “Spoofing.” Scammers use new telephone technology to
manipulate incoming caller ID information to make customers believe that the call originated from
another party. Charter, like all telephone providers, cannot validate or authenticate the calling party
originating name and number.
Therefore, do not assume the Caller ID name and number displayed on your Caller ID device is always
accurate. Congress is currently considering new laws to take corrective action against scammers. You
should also be aware of a related criminal practice called “Vishing.” Vishing involves scammers asking
customers to call a number left by a voice recording, after the call is answered in-person or by an
answering machine, for the purpose of gaining personal information – like credit card information. Always
be extra cautious when giving out personal information over the telephone. For additional information
please refer to the following website (http://www.fcc.gov/cgb/consumerfacts/callerid.html).
49
50
1-888-GET-CHARTER
charter.com
©2013 Charter Communications, Inc. All rights reserved.
Policies1213