Terms and Conditions of Service
Subscriber (“Subscriber”, “you” or “your”) agrees to be bound by these Residential General Terms and Conditions of Service with respect to all residential services provided by Spectumcableinstaller (“Services”), and by the additional terms of service and posted policies applicable to the Services to which you subscribe and posted at Spectumcableinstaller.com/policies and incorporated herein by reference (collectively referred to as “Terms of Service”). These Terms of Service also incorporate by reference Spectumcableinstaller ‘s Privacy Policy located at Spectumcableinstaller.com/privacy, which governs the collection, use and disclosure of Subscriber personal information. All references to “Spectumcableinstaller ” in these Terms of Service mean Charter Communications Operating, LLC, its parents, affiliates or subsidiaries providing Subscriber the Services, as well as third parties Spectumcableinstaller may retain to provide the Services.
If Spectumcableinstaller provides Spectumcableinstaller Voice™ service in Subscriber’s area, it will be provided through the Spectumcableinstaller phone service affiliate servicing Subscriber’s area.
These Terms of Service do not apply to services sold under the Spectumcableinstaller Business brand.
THESE TERMS OF SERVICE CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST SPECTUM CABLE INSTALLER MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT SUBSCRIBER’S RIGHTS UNDER THESE TERMS OF SERVICE WITH RESPECT TO ALL SERVICES. SEE SECTION 30 FOR DETAILS ON THESE PROVISIONS.
- Introduction
- Acceptance. Subscriber accepts these Terms of Service by doing any of the following: (i) written or electronic signature; (ii) informing Spectumcableinstaller electronically or orally of such acceptance; (iii) activating a Service, Equipment or Device; (iv) breaking the seal on any package or box containing any Equipment or Device; or (v) use of or payment for, in whole or in part, the Service, Equipment or Device. When Subscriber accepts this Agreement, Subscriber is representing that Subscriber is at least eighteen (18) years old and legally able to accept a binding contract. This is a binding legal document and Subscriber should regularly consult Spectumcableinstaller.com/policies for updates.
- Use of Services. Subscriber agrees that the Services will be used only for Subscriber’s personal, residential, non-commercial purposes, unless otherwise specifically authorized by Spectumcableinstaller in writing. You are prohibited from reselling or permitting another to resell the Services in whole or in part, or using or permitting another to use the Services, directly or indirectly, for any unlawful purpose or in violation of applicable law. Subscriber agrees and acknowledges that these Terms of Service apply to all persons who use the Services and that you shall have sole responsibility for ensuring that all other users of the Services understand and comply with the Terms of Service.
- Amendments; Notices. To the fullest extent permitted under applicable law, Spectumcableinstaller may in its sole discretion modify any aspect of the Services or these Terms of Service and will post such changes on Spectumcableinstaller.com/policies. Spectumcableinstaller will provide written notice of any material changes to the Services or these Terms of Service at least 15 days in advance or any longer period required under applicable law by either: (i) sending via mail or hand delivery to Subscriber’s address of record; (ii) e-mailing to Subscriber’s e-mail of record; or (iii) including a message in your monthly billing statement. Subscriber agrees that any one of the foregoing methods of notice constitute sufficient and effective notice under these Terms of Service. If you disagree with a change to these Terms of Service, you have the right to cancel the Services; provided, that your continued use of the Services for more than 30 days after we deliver notice of a change will constitute your acceptance of the change.
- Charges and Billing
- Payment of Charges: Billing may commence on or after the earlier of (i) the activation of any Service or Device, or (ii) 8 days after either customer pickup or shipment by Spectumcableinstaller of Equipment or Devices. Subscriber agrees to pay all charges associated with the Service, including, but not limited to, charges for installation, service calls, live-agent customer assistance, monthly subscription service, Equipment fees, measured and per-call charges, applicable federal, state, and local taxes and fees, fees to recoup any applicable municipal, state and federal government fees, permitted fees and cost recovery charges, including without limitation, public, educational, and governmental access, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and programs supporting the 911/E911 system and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Services. If partial payment is made of any bill and without waiving its right to collect the full balance owed, Spectumcableinstaller will apply that payment to any outstanding charges in the amounts and proportions that it determines.
- Monthly Subscription Services: Subject to restrictions under applicable law, if any, and without abrogating Section 5 – “Spectumcableinstaller” Refund Policy/30-Day Guarantee,” Subscriber shall be responsible for the full monthly charge (without pro-ration) for those Services that are offered on a monthly subscription basis to which the Subscriber has subscribed, regardless of Subscriber’s termination of such monthly Service prior to the conclusion of the current monthly subscription service period, and for usage charges for per program, Pay Per View, On Demand, per event or program Video Services ordered or per unit, minute, or data usage charges used by the Subscriber or other Services ordered where charges are based on actual usage or on orders placed during the previous month (collectively “Usage Charges”). To the extent Subscriber’s Usage Charges exceeds a threshold amount, as solely determined by Charter, then such Usage Charges may be charged to Subscriber and become due prior to the end of the monthly billing period. Unless Subscriber cancels Service on or before the last day of the current monthly subscription service period, Subscriber will be charged in full for Services the next monthly subscription service period. The monthly subscription service period can be found in Subscribers billing statement.
- Disputed Charges/Late Payments: To the extent permitted under applicable law, if you disagree with a charge on your billing statement, you must contact Spectumcableinstaller at +1 (844) 909-2900 no later than 60 days after the due date on your billing statement or you waive any such dispute. Failure to pay charges by the due date on the billing statement (including checks returned for insufficient funds) may result in suspension or disconnection of all Services, the removal of all Equipment and/or imposition of a late payment or service charge. If Subscriber has more than one account (business and/or residential) served by Spectumcableinstaller, all Spectumcableinstaller-provided Services at all locations may be subject to suspension or disconnection of Service in the event any one account remains delinquent and Spectumcableinstaller may apply any funds received from Subscriber first to such delinquent account(s). Should Subscriber wish to resume Service after any suspension, Subscriber may be subject to reconnection fees. Should Subscriber wish to resume Service after termination of Service, Spectumcableinstaller may charge fees for installation, service calls and/or activation and reserves the right to charge rates different from those in place at the time of disconnect. These fees are in addition to all past due charges and other fees. In the event collection activities are required, additional collection charges may be imposed.
- No Credit Arrangements: Subscriber agrees and understands that by entering into the financial arrangement described herein, except to the limited extent Subscriber is purchasing a Device from Spectumcableinstaller under an installment plan agreement, Spectumcableinstaller is not extending Subscriber any credit and therefore Spectumcableinstaller and Subscriber are not entering into a consumer credit or similar transaction.
- Electronic Payment Terms. Unless you subscribe to Spectumcableinstaller’s Mobile Service, you may elect to make a one-time payment to be applied against the balance of your monthly billing statement through an electronic funds transfer or a debit or credit card charge. You may also elect to pay the balance of your monthly billing statement on a recurring basis, including charges that are due immediately, by enrolling in the Auto Pay Service (collectively, the Electronic Payment Services). Spectumcableinstaller Mobile subscribers must enroll in the Auto Pay service as a condition to receiving Mobile Services.
- One Time Pay Authorization: By electing the One Time Pay service, you authorize Charter to charge/debit the bank account, debit or credit card that you designated (“Payment Method”) to make a one-time payment in the amount requested by you.
- Auto Pay Authorization: By enrolling in the Auto Pay Service, Subscriber authorizes Spectumcableinstaller to charge/debit electronically your Payment Method each month to pay the balance due on your account on the due date shown on your monthly bill statement, including charges that are due immediately. Spectumcableinstaller will continue to charge/debit your Payment Method each month unless you cancel your authorization at least three (3) business days before the next scheduled payment date.
- By using the Electronic Payment Services, you (i) represent that you are legally authorized user of the Payment Method and (ii) authorize Spectumcableinstaller to store your Payment Method for future use. Subscriber is responsible for ensuring that the Payment Method information is current and accurate at all times. Subscriber must notify Spectumcableinstaller of any change in the Payment Method at least three (3) business days before the scheduled due date shown on your monthly billing statement for the month in which you want to make the change. If the change is made after this time, the change will not take effect until the following billing cycle for your monthly billing statement. If Subscriber is enrolled in the Auto Pay Service and the initial payment fails, Subscriber may be charged an applicable payment failure fee in addition to Subscriber’s past due balance. Subscriber will remain responsible for taking appropriate actions to ensure that your monthly billing statements are paid when due.
- Spectumcableinstaller will notify you prior to the payment due date. The amount shown as due on the monthly billing statement will constitute notice of any variance in amount paid in the previous month. The balance shown as due on your statement view will be deducted on or around the payment due date.
- Subscriber has the right to revoke the recurring Auto Pay arrangement with Spectumcableinstaller at any time, except for those services where Auto Pay is required. Any revocation of your authorization to pay amounts due through the Auto Pay service will not take effect until after receipt by Spectumcableinstaller, and will result in the discontinuance of Auto Pay bill payment(s). After cancelation of Auto Pay bill payment, you will be responsible for taking appropriate action to pay all amounts due as set forth on your billing statement.
- To get a copy a Subscriber’s online Auto Pay confirmation for Subscriber’s records, Subscriber must print or save such document to Subscriber’s computer.
- Subscriber must notify Spectumcableinstaller of any change in account information or Payment Method. Subscriber can update account or Payment Method information on the My Spectumcableinstaller application, or while speaking with one of our service representatives. It may take at least one billing cycle to update your new Payment Method. In the meantime, you will remain solely responsible for taking appropriate actions to ensure that payments are made when due. The Electronic Payment Services are provided for personal, non-commercial use only, and Subscriber is prohibited from using these services for any illegal activity or purpose, including payment fraud or identity theft.
- You agree that Spectumcableinstaller may provide you legal notices regarding the Electronic Payment Services, payments made, and other relevant information or records attributable to your payment transactions. Subscriber may not revoke consent to receive such electronic notice, records, or disclosures. It is Subscriber’s responsibility to protect the confidentiality of any user name or password used in connection with the Electronic Payment Services. Subscriber shall not provide access to the Electronic Payment Services to anyone other than household members or delegated authorized users. If Subscriber believes Subscriber’s password or other means to access the Electronic Payment Services has been lost, stolen, or otherwise compromised, Subscriber must notify Spectumcableinstallerimmediately at +1 (844) 909-2900
- Spectumcableinstaller shall have no liability or responsibility for its inability to process or receive payments Subscriber makes or attempts to make using the Electronic Payment Services or otherwise to perform its responsibilities under this Section 3 in the event circumstances beyond Spectumcableinstaller ‘s control prevent Spectumcableinstaller from doing so or otherwise affect Spectumcableinstaller ‘s ability to do so.
- Subscriber is responsible for all fees and costs related to maintaining a valid Payment Method including processing charges or annual costs.
- Subscribers use of the Electronic Payment Services, whether through Spectumcableinstaller website, interactive voice response systems or through any other means, is for Subscribers exclusive personal use. No payment processor or any other third party may use the Electronic Payment Services to make payments on behalf of Subscriber without Spectumcableinstaller ‘s written consent. Any attempt to do so will be considered an unauthorized interference with the intended operation of the Electronic Payment Services and may result in Spectumcableinstaller ‘s failure to process or accept payments from you.
SPECTUMCABLEINSTALLER’S SOLE AND ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY FOR THE PROCESSING OR DEDUCTION OF AN INCORRECT TRANSFER OF FUNDS HEREUNDER SHALL BE THE RETURN TO YOU OF THE IMPROPERLY TRANSFERRED FUNDS. FOR THE AVOIDANCE OF DOUBT, THIS SECTION 3 DOES NOT LIMIT ANY NON-WAIVABLE RIGHTS SUBSCRIBER MAY HAVE UNDER APPLICABLE LAW.
- Payment by Check; Returned Items; Third Party Processing: If Subscriber makes payment by check, Subscriber authorizes Spectumcableinstaller to collect such payment electronically. Subscriber may not amend or modify these Terms of Service with any restrictive endorsements (such as “paid in full”), releases, or other statements on or accompanying checks or other payments accepted by Spectumcableinstaller; any of which notations shall have no legal effect. Whether paying by check, Electronic Payment Services, or any form of electronic funds transfer from a banking account, Subscriber hereby authorizes Spectumcableinstaller to collect any declined amount electronically from the subject account. In addition, Subscriber’s Service may be suspended and/or terminated.
Subscriber shall be responsible for any payment processing fees incurred when using a third party to process Subscriber’s payments to Spectumcableinstaller. Any NSF charge is in addition to any charges Subscriber’s financial institution may assess. If initially rejected, Spectumcableinstaller will make additional multiple attempts to execute such electronic payment for up to 30 days following the initial refusal. At the end of the 30-day period, if there has not been a successful payment then Subscriber’s Electronic Payment Services will be terminated.
- Spectumcableinstaller Refund Policy/30-Day Guarantee. Subject to additional provisions that may be applicable to equipment returns, new Subscribers (those who have not been Spectumcableinstaller customers for 90 days prior to subscription) qualify to have all levels of subscription Service refunded/credited if not fully satisfied with the Service. Current Subscribers adding a new level of subscription Service qualify to receive a refund/credit only on those newly added Services not received within the previous 90 days. Such refund is valid for customers who pay for their first month of new or upgraded monthly recurring subscription Services. Pay-Per-View and other non-recurring subscription purchases are not refundable. Subscriber is limited to one refund or credit per household for a maximum of 30 days of Service. Refunds/credits will be given only when request for cancellation of Service is received by Spectumcableinstaller within 45 days of Billing Commencement 30 days from Billing Commencement, plus 15 day grace period. 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 Subscriber and will not be refunded or credited. Other restrictions per any offer apply.
- Service Bundle Discounts: Spectumcableinstaller reserves the right to offer and Subscriber may elect to subscribe to a combination of Services for which a bundle discount applies (“Bundled Services”). In the event Subscriber terminates any Service component of such Bundled Services or Spectumcableinstaller terminates such Service component based on Subscriber’s failure to comply with the Terms of Service, Spectumcableinstaller reserves the right to revert the pricing of the remaining Service(s) to the applicable undiscounted price for such Service(s).
- Spectumcableinstaller Property: Spectumcableinstaller Property includes all new or reconditioned equipment that Spectumcableinstaller provides or leases to you, including, but not limited to, cabling or wiring (except for Wiring, as defined below) and related electronic devices, modems, routers, and any other hardware and includes all software and programs contained within Spectumcableinstaller Equipment, downloaded to Subscriber by Spectumcableinstaller or downloaded by Subscriber as directed by Spectumcableinstaller (“Equipment”). Except for Subscriber Property as set forth in Section 10 and “cable home wiring” as defined at 47 C.F.R.§76.804 (“Wiring”), all Equipment remains the exclusive property of Spectumcableinstaller.
Equipment and Wiring installed at the Subscriber’s address are intended to remain at Subscriber’s address and must not be used or relocated off such premises without Spectumcableinstaller authorization. Subscriber must return all Equipment upon substitution of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with Spectumcableinstaller ‘s then current schedule of charges for unreturned Equipment, which amount shall be due immediately (“Unreturned Equipment Fee”). Subscriber agrees to pay such fee whether the Equipment is lost (through theft or otherwise), damaged or destroyed. For the avoidance of doubt, Spectumcableinstaller retains all title to all Equipment, at all times, including but not limited to after payment on an Unreturned Equipment Fee. Spectumcableinstaller in no way relinquishes ownership of (including title to) Equipment by the payment of an Unreturned Equipment Fee even if an Unreturned Equipment Fee has been paid.
- Disruption of Service: All Services are provided on an “AS IS” and “AS AVAILABLE” basis. In no event shall Spectumcableinstaller be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Spectumcableinstaller ‘s reasonable control. To the extent permitted under applicable law, Spectumcableinstaller may give credit with respect to Subscriber’s recurring monthly subscription fee for qualifying outages of Services.
- Equipment: Subscriber expressly agrees to use the Equipment exclusively in connection with the Services. Spectumcableinstaller may remove or change the Equipment at our discretion at any time the Services are active or following the termination of Services. Subscriber further agrees not to sell, lease, abandon, or give away the Equipment, or permit any other service provider to use the Equipment, including Equipment for which an Unreturned Equipment Fee has been paid. SUBSCRIBER UNDERSTANDS AND ACKNOWLEDGES THAT ANY ATTEMPT TO INSTALL OR USE THE EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN SUBSCRIBER’S AUTHORIZED ADDRESS OF RECORD, UNLESS EXPRESSLY AUTHORIZED BY SPECTUMCABLEINSTALLER, SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. Spectumcableinstaller will repair and/or replace damaged or defective Equipmentas long as such damage or defect was not caused by misuse or other improper operations or handling by Subscriber. A service charge may be imposed upon the dispatch of a technician if there is damage to Equipment due to negligent use or abuse or if no fault is discovered in Spectumcableinstaller ‘s system or Equipment.
ALL EQUIPMENT AND, WIRING ARE PROVIDED “AS IS”, UNLESS OTHERWISE PROHIBITED OR RESTRICTED UNDER APPLICABLE LAW, AND SPECTUMCABLEINSTALLER HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SPECTUMCABLEINSTALLER SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT OR WIRING.
Spectumcableinstaller ‘s sole obligation and Subscriber’s sole remedy with respect to any liability or damage caused by Subscriber’s use or deployment of Equipment or Wiring shall be a refund of fees paid by Subscriber for such Equipment for the previous billing month/cycle.
- Subscriber Property: Excluding the Equipment, Subscriber Property includes all software, hardware, equipment, devices or services used in connection with the Services. Subscriber Purchased Devices also include equipment or devices that Subscriber purchases under a sales agreement with Spectumcableinstaller (“Subscriber Purchased Devices”). Subscriber Property also includes any device that Spectumcableinstaller conveys to Spectumcableinstaller, either for a fee or at no cost (“Conveyed Devices”). Spectumcableinstaller has no responsibility for the operation, support, maintenance, or repair of any Subscriber Purchased Devices or Conveyed Devices, including Subscriber Purchased or Conveyed Devices to which Spectumcableinstaller or any third party provides software or downloads. Subscriber acknowledges and agrees that it is solely responsible for all content accessed through Subscriber Purchased Devices and Conveyed Devices, and that Spectumcableinstaller has no liability for content available through Subscriber Purchased Devices or Conveyed Devices that Subscriber considers offensive, indecent or objectionable. Subscriber further acknowledges and agrees that Subscriber’s access or use of the content and services available from third-party providers for use on or through Subscriber Purchased Devices or Conveyed Devices may be subject to their own terms of service and policies, including privacy and data gathering policies, which Subscriber may be required to separately accept and acknowledge and with respect to which Spectumcableinstaller disclaims and shall have no obligation or responsibility. Subscriber is solely obligated to abide by such third-party terms and policies when and as they become applicable.
SUBSCRIBER PURCHASED DEVICES AND CONVEYED DEVICES ARE PROVIDED “AS IS”. SPECTUMCABLEINSTALLER HEREBY DISCLAIMS ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR DAMAGES ARISING FROM SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN THE SUBSCRIBER AND THE MANUFACTURER OF SUCH DEVICES.
Spectumcableinstaller is not responsible or liable for any loss or impairment of Spectumcableinstaller ‘s Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Purchased Devices, Conveyed Devices, or Subscriber-provided equipment/software.
Notwithstanding anything to the contrary, Subscriber agrees to allow Spectumcableinstaller and our agents the right (a) to install hardware in, (b) send software downloads to, and (c) install, access configure, maintain, inspect or upgrade Subscriber Purchased Devices or Conveyed Devices the extent necessary to provide the Services. Subscriber warrants that Subscriber is either the owner of such equipment or that Subscriber has the authority to give Spectumcableinstaller access to it.
- Taxes/Fees: Subscriber agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the Services, the Equipment, Wiring, Subscriber Purchased Devices, Conveyed Devices, or installation or service charges incurred with respect to the same (including franchise fees). Without limitation, Spectumcableinstaller shall be entitled to any sales fee or tax refund attributable to Subscriber Purchased Devices, for which Spectumcableinstaller has paid applicable fees or taxes (or portion thereof) on behalf of Subscriber but with respect to which Subscriber has defaulted on its obligation to pay the full purchase price (whether under any sales installment plan or otherwise).
With respect to fees and taxes, including franchise fees, imposed by applicable government and regulatory authorities, Spectumcableinstaller will review the amount it collects in such fees and taxes on a quarterly and annual basis. In the event Spectumcableinstaller determines that it has collected any fees and/or taxes in excess of sums due to governmental and regulatory authorities, Spectumcableinstaller will begin refunding such excess fees and taxes to current subscribers within 15 months of the end of each calendar year. Please be aware that, by law in some cases, Subscriber may be billed for taxes and fees that relate to time periods before Subscriber began receiving Services. However, by law, Spectumcableinstaller will not bill Subscriber for these fees more than 4 years after the year they were incurred by Spectumcableinstaller. Franchise fees resulting from an audit by the applicable franchising authority are incurred at the time those fees are assessed.
- Care of Spectumcableinstaller Property and Service: Subscriber agrees that neither Subscriber nor any other person (except Spectumcableinstaller ‘s authorized personnel) will: (a) open, tamper with, service, or make any alterations to the Equipment or Wiring; nor (b) remove or relocate any Equipment or Wiring from the service address of initial installation. Any alteration, tampering, removal, or the use of Equipment or Wiring which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations, constitutes theft of Service and is prohibited. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Spectumcableinstaller shall relocate the Equipment for Subscriber within Subscriber’s home at a time mutually agreed to by Spectumcableinstaller and Subscriber. Subscriber may incur a charge for such relocation and should consult a current Spectumcableinstaller schedule of rates and charges prior to requesting such relocation. If the Subscriber moves residences outside of Spectumcableinstaller ‘s service area, Subscriber shall notify Spectumcableinstaller that these Terms of Service shall be terminated and the provisions of Section 16 shall apply to such termination.
- Access to Subscriber Premises: Subscriber authorizes Spectumcableinstaller and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber’s premises to install, inspect, maintain and/or repair the Equipment or Wiring and, upon the termination of Service, to remove the Equipment from the premises. Spectumcableinstaller ‘s failure to remove its Equipment shall not be deemed abandonment thereof. If the installation and maintenance of Service are requested at premises that, in Spectumcableinstaller ‘s sole discretion, are or may become hazardous or dangerous to our employees, the public or property, Spectumcableinstaller may refuse to install and maintain such Service.
- Acknowledgments and Consent Regarding Recording of Communications and Contact Rights:
- Recording of Communications. Subscriber acknowledges and agrees that all communications between Subscriber and Spectumcableinstaller may be recorded or monitored by Spectumcableinstaller for quality assurance or other purposes subject to applicable law.
- Consent to Phone Calls and other Means of Communication. Subscriber agrees that Spectumcableinstaller (or persons acting on Spectumcableinstaller ‘s behalf) may use an automated dialing system and/or prerecorded voice to call, text or e-mail any landline or wireless phone number or e-mail address that Subscriber provides to Spectumcableinstaller for any non-promotional account, informational, or Service-related purpose such as, without limitation, collections and billing, appointment scheduling or confirmations, service alerts, security or network issues, or fraud violations. Subject to any limitations under applicable law, Subscriber may not opt-out of or revoke its consent to receive such communications, although you can manage your communication preferences by logging onto your account.
- Other Notices. Subscriber authorizes Spectumcableinstaller to provide other notices using any method Spectumcableinstaller determines appropriate, including by electronic means (for example, email or online posting).
- Other Consents. Spectumcableinstaller may ask you to provide other consents or authorizations, including by electronic means, email or your equipment (for instance, using your remote control to purchase a VOD movie, to request information regarding an advertiser’s products or to “opt in” to a consumer study), and Spectumcableinstaller is entitled to assume that any consent or authorization Spectumcableinstaller receives through the Services or from your location has been authorized by you.
- Email Address for Notice. Upon Spectumcableinstaller ‘s request, Subscriber will provide Spectumcableinstaller with a current email address that Subscriber regularly checks so that Spectumcableinstaller may provide notices and communications to Subscriber at that address. Spectumcableinstaller ‘s right to contact Subscriber as described in this Section survives the termination of these Terms of Service.
- Secure Connection Requirements. Without abrogating or otherwise limiting Subscriber’s separate obligations to secure Subscriber’s account and equipment under these Terms of Service, Spectumcableinstaller shall have the right to implement reasonable measures necessary to track, manage, and/or ensure the security and integrity of its network facilities, the video, phone, and/or Internet signals Spectumcableinstaller transmits or receives, and the connection between any device or application used by Subscriber, members of Subscriber’s household, Subscriber’s guests, or any third parties and Spectumcableinstaller’s Equipment, system, or other network facilities (whether by physical, WiFi, wireless, software, or other means of connection), including without limitation authentication, access security, or other processes and means.
Without limiting any other rights Spectumcableinstaller may have under the Terms of Service, Spectumcableinstaller shall have the right to suspend, freeze, or otherwise cease Service or network access in the event and to the extent necessary to address any network integrity or security concern that may arise with regard to activity on or through, conditions arising from or caused by the use, availability of, or access enabled at or through Subscriber’s Service, Service location, equipment, or account.
- Assignment or Transfer: These Terms of Service and the Services and/or Equipment supplied by Spectumcableinstaller are not assignable or otherwise transferable by Subscriber, without specific written authorization from Spectumcableinstaller.
- Termination and Expiration:
- Termination by Subscriber: Unless otherwise terminated, these Terms of Service shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change in accordance with these Terms of Service and to the extent permitted under applicable law. To terminate any recurring Service, Subscribers must call +1 (844) 909-2900 and in any event, any such Subscriber-requested termination shall not be effective before the date Spectumcableinstaller receives such request. Prior to effecting such termination or any other change to the account we will verify and authenticate your identity, confirm that you are authorized to request such changes, and confirm your election of such changes.
- Termination for Bankruptcy: Spectumcableinstaller shall have the right to terminate these Terms of Service immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.
- Termination for Breach: In the event of any breach of these Terms of Service by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of Spectumcableinstaller, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using any Service, these Terms of Service may, at Spectumcableinstaller’s option, be terminated and the Equipment removed. Failure of Spectumcableinstaller to remove such Equipment shall not be deemed abandonment thereof. Subscriber shall pay reasonable collection and/or attorney’s fees to Spectumcableinstaller in the event that Spectumcableinstaller shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under these Terms of Service. Spectumcableinstaller may terminate these Terms of Service or Spectumcableinstaller may reject an application or block access to or use of any component of any Service for any reason including, but not limited to, if:
- Subscriber violates these Terms of Service as solely determined by Spectumcableinstaller;
- The information required in the application process is or becomes incorrect, absent or incomplete;
iii. Subscriber threatened or harassed any Spectumcableinstaller employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.);
- Subscriber’s Payment Method fails to compensate Spectumcableinstaller; or
- The amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of Spectumcableinstaller.
- Subscriber further agrees that in the event of termination pursuant to subsections (b) or (c), Spectumcableinstaller shall have no liability to Subscriber.
- Obligations Upon Termination: Subscriber agrees that upon termination of these Terms of Service:
- Subscriber will pay Spectumcableinstaller in full for Services and Equipment through the end of the then-current monthly subscription service period.
- Subscriber will promptly return all Equipment to Spectumcableinstaller. In the event that Subscriber fails to return any Equipment within ten (10) days of termination Subscriber shall be liable to Spectumcableinstaller in accordance with Spectumcableinstaller’s then current schedule of charges for non-returned Equipment.
- Renewal after Cancellation or Termination: Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of a Service, Subscriber shall be subject to the pricing, warranties, and Terms of Service as are effective at the time of such renewal.
- Spectumcableinstaller’s Right to Pursue Remedies and Subscriber’s Indemnification Obligations. If Subscriber breaches these Terms of Service, Spectumcableinstaller has the right to seek compensation from Subscriber for such breach through arbitration or, if Subscriber has opted out of these Terms of Service’ arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against Spectumcableinstaller that arises out of Subscriber’s relationship with Spectumcableinstaller, the Services provided to Subscriber, the Terms of Service, or Subscriber’s breach thereof or failure to comply therewith, Subscriber will indemnify, defend (at Spectumcableinstaller ‘s exclusive election), and release Spectumcableinstaller from and against liability and reimburse Spectumcableinstaller for any losses that Spectumcableinstaller may incur, including reasonable attorneys’ fees and costs, resulting from such claim. Subscriber’s responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.
- Security Deposit: Any security deposit required of Subscriber for the Equipment or Spectumcableinstaller ‘s Service will be due and payable upon the first monthly billing statement. Such security deposits will be returned to Subscriber within sixty (60) days of termination of Spectumcableinstaller’s Service so long as payment has been made for all amounts due on Subscriber’s account and Subscriber has returned the Equipment undamaged. If Spectumcableinstaller is holding a deposit on Subscriber’s account, Spectumcableinstaller has the right to apply the deposited amount against any outstanding balance or shortfall in payments.
- Advance Payment: Advance payment may be required under certain circumstances including without limitation when specific Service offer conditions require it, Subscribers are unable or unwilling to provide information to establish credit worthiness or have an unsatisfactory credit rating. The advance payment will be equal to the applicable installation charge and one month of recurring charges, excluding taxes, fees and surcharges. The advance payment will appear as a credit and be applied to the first monthly bill. Spectumcableinstaller reserves the right to refuse Service if the Subscriber fails to fulfill standard credit requirements. After Service has been established, the Subscriber will be responsible for the payment of all applicable charges, including taxes, fees and surcharges to avoid discontinuance of Service.
- Content and Services: All Services are subject to change in accordance with applicable law and these Terms of Service.
- Rates: All rates are subject to change to the extent permitted under applicable law and these Terms of Service.
- Late Fee: If Subscriber’s account is past due, and payment has not been received by the due date on the billing statement, Subscriber may be charged an applicable late fee in addition to Subscriber’s past due balance at Spectumcableinstaller’s then current rate. If Subscriber’s account thereafter remains unpaid, Subscriber’s Services may be suspended or disconnected. Subscriber can avoid incurring late fees by paying Subscriber’s monthly bill by the due date on the billing statement. Any late fees assessed are not considered interest credit service charges, finance charges or penalties.
- Disclaimer: Spectumcableinstaller assumes no liability for any program, services, content or information distributed on or through the Services and Spectumcableinstaller expressly disclaims any responsibility or liability for Subscriber’s use thereof. Further, Spectumcableinstaller shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
- Right to Make Credit Inquiries: Subscriber authorizes Spectumcableinstaller to make inquiries and to receive information about Subscriber’s credit experiences, including Subscriber’s credit report, from others, to enter this information in Subscriber’s file, and to disclose this information concerning Subscriber to appropriate third parties for reasonable business purposes.
- Spectumcableinstaller’s Reservation of Rights: Spectumcableinstaller reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, Spectumcableinstaller will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Subscriber, and Spectumcableinstaller will provide any prior notice of suspension or termination that is required by law.
- Indemnification: Subscriber agrees to defend, indemnify, and hold Spectumcableinstaller, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, “Spectumcableinstaller Indemnitees”) harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:
- The installation, operation, provision, or other use of Spectumcableinstaller Services and/or Equipment;
- Any violation of Spectumcableinstaller’s Terms of Service, Acceptable Use Policy, or other published policies or requirements;
- The negligence, willful misconduct, violation of a third party’s rights, or failure to comply with applicable law by (i) Subscriber, (ii) members of Subscriber’s household, or (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber;
- Libel or slander resulting from any use of the Services by (i) Subscriber, (ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber;
- Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights (whether by transmission or material or otherwise) by (i) Subscriber, (ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber, including that effected through combination of Subscriber’s use of the respective Service(s) with facilities, equipment, or services provided or used by Subscriber or obtained from third parties;
- unauthorized, unlawful, or fraudulent use of or access to the Services, except as otherwise provided by applicable law; and
- Any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use of the 911 or E-911 service features and the equipment associated therewith, or by the use of any Voice Services furnished by Spectumcableinstaller in connection with the 911 or E-911 service, including but not limited to, the telephone number, address or name associated with the telephone used by persons accessing 911 or E-911 service thereunder, and/or that which arises out of the negligence or other wrongful act of (i) Subscriber,(ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (ii) any other person using the Services provided to Subscriber.
- The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the Spectumcableinstaller Indemnitees. Subscriber agrees that Spectumcableinstaller Indemnitees are not liable for any damages or liability resulting from the loss of Services (whether Internet, Cable, Voice, or other Services), nor will Subscriber make any claims or undertake any actions against Spectumcableinstaller Indemnitees for loss of Service. Subscriber shall be solely responsible for any damage to or loss of Spectumcableinstaller Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of Spectumcableinstaller Indemnitees.
- Limitation of Liability.
- THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF SPECTUMCABLEINSTALLER AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).
- One Year Limitation Period. EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ANY CLAIM YOU MAY HAVE AGAINST SPECTUMCABLRINSTALLER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. IF SUBSCRIBER DOES NOT BRING A CLAIM WITHIN THIS PERIOD, SUBSCRIBER IS BARRED FROM BRINGING SUCH CLAIM, AND SPECTUMCABLEINSTALLER WILL HAVE NO LIABILITY WITH RESPECT TO SUCH CLAIM.
- Damages. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SPECTUMCABLEINSTALLER 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 THIRD PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF OR SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, AGENTS OR SUBCONTRACTORS OF SPECTUMCABLEINSTALLER, 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPECTUMCABLEINSTALLER’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY SPECTUMCABLEINSTALLER OF ANY OBLIGATION SPECTUMCABLEINSTALLER MAY HAVE UNDER THESE TERMS 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 SPECTUMCABLEINSTALLER. IN NO EVENT SHALL SPECTUMCABLEINSTALLER’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE TERMS OF SERVICE EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SPECTUMCABLEINSTALLER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST SPECTUMCABLEINSTALLER THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER’S FAILURE TO COMPLY WITH THESE TERMS OF SERVICE.
THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.
- Privacy Policy. Spectumcableinstaller will provide Subscriber with a copy of its Privacy Policy at the time Spectumcableinstaller provides Service to Subscriber, and annually afterwards, or as otherwise required by law. Subscriber can view the most current version of our Privacy Policy by going to Spectumcableinstaller.com/privacy. Subscriber assumes 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 Spectumcableinstaller is expressly required to do so by applicable law, Spectumcableinstaller will provide notice to Subscriber of a breach of the security of certain personally identifiable information about Subscriber. Subscriber agrees that Spectumcableinstaller may collect and disclose information concerning Subscriber and Subscriber’s use of Service in the manner and for the purposes set forth herein and in Spectumcableinstaller’s Privacy Policy. In order to protect the privacy of Subscriber’s account information, Spectumcableinstaller may require that Subscriber use a security code or other method, in addition to the username and password, to confirm Subscriber’s identity when requesting or otherwise accessing account information or making changes to Subscriber’s Service through Spectumcableinstaller’s customer service representatives. Subscriber may also choose to designate an authorized user of Subscriber’s account (an “Authorized User”), who will be able to access or modify Subscriber’s account information and update and/or make Service changes. Once established, an Authorized User will be required to authenticate his/her identity in the same manner according to Spectumcableinstaller’s policies.
- ARBITRATION. The following provisions are important with respect to the agreement between Subscriber and Spectumcableinstaller regarding Spectumcableinstaller’s Services memorialized by these Terms of Service.
PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. These Terms of Service require the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscriber in the event of a dispute.
Spectumcableinstaller and Subscriber agree to arbitrate disputes and claims arising out of or relating to these Terms of Service, the Services, the Equipment, or marketing of the Services Subscriber has received from Spectumcableinstaller. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.