The terms cover all residential Spectrum services and pull in other posted policies and the Privacy Policy
The subscriber agrees to these Residential General Terms and Conditions of Service for all residential services provided by Spectrum. The document defines its "Terms of Service" as including all applicable terms of service and policies posted at www.spectrum.com/policies and Spectrum's Privacy Policy at www.spectrum.com/privacy, which are "incorporated herein by reference". Use of the Services is also subject to any license agreements for software used with the Services. The entire-agreement clause repeats that the agreement includes all documents incorporated in it. In practice, the rules that bind a subscriber are not only the words on this page: other posted policies and the Privacy Policy are part of the same bundle.
Supporting quotations
agrees to be bound by these Residential General Terms and Conditions of Service with respect to all residential services provided by Spectrum (“Services”)
which include all applicable terms of service and policies posted at www.spectrum.com/policies and Spectrum’s Privacy Policy located at www.spectrum.com/privacy, which are incorporated herein by reference (collectively, the “Terms of Service”)
Your use of the Services is also subject to any license agreements relating to any software used in connection with the Services.
These Terms of Service (including all documents incorporated herein) constitute the entire agreement
Qualifications & exceptions
The text applies to "residential services" provided by Spectrum; it does not list which services those are.
Only "applicable" posted policies are incorporated, and the text does not say which ones are applicable to a given subscriber.
The opening sentence is awkwardly drafted (it says the Services "include" the terms); the parenthetical "collectively, the Terms of Service" is the operative definition.
Not stated here
The policies posted at spectrum.com/policies and the Privacy Policy are linked but are not part of this saved text, so their contents are not analyzed here.
Which software license agreements apply is not identified.
Legal Rights & Agreement Rules · Context
"Spectrum" means Charter Communications Operating, LLC, its affiliates, and third parties it retains
Wherever these terms say "Spectrum", they mean Charter Communications Operating, LLC together with its parents, affiliates or subsidiaries that provide the Services to the subscriber, and also third parties that Spectrum may retain to provide the Services. This means obligations, permissions and liability limits that name "Spectrum" reach those related companies and retained third parties as well, to the extent the clause is worded to cover them.
Supporting quotations
“Spectrum” means Charter Communications Operating, LLC, its parents, affiliates or subsidiaries providing Subscriber the Services, as well as third parties Spectrum may retain to provide the Services.
Qualifications & exceptions
Affiliates and subsidiaries count only if they are "providing Subscriber the Services".
Third parties count only if Spectrum has retained them to provide the Services.
Not stated here
The text does not name any affiliate or retained third party.
A bold notice flags binding arbitration, a class and mass action waiver, a one-year claim limit and an opt-out right
A capitalized notice at the top says the terms contain (1) binding arbitration that includes a waiver of the right to bring class or mass actions, (2) a limit on bringing claims against Spectrum more than one year after the relevant events, and (3) a right to opt out of "the foregoing provisions". It says these provisions affect the subscriber's rights for all services and points to "SECTION 30" for details. The details appear later: the arbitration section, the one-year limitation period in the limitation of liability section, and a right to opt out of the arbitration provisions that is open for 30 days. The notice is a summary; the later clauses control the specific conditions.
Supporting quotations
THESE TERMS OF SERVICE CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS OR MASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST SPECTRUM MORE THAN 1 YEAR AFTER THE RELEVANT EVENT(S) 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.
Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions (other than the waiver of right to a trial by judge or jury)
Qualifications & exceptions
The notice says the opt-out covers "the foregoing provisions"; the opt-out clause itself speaks only of the arbitration provisions and excludes the jury-trial waiver, so it does not on its face mention the one-year limit.
The notice cites "SECTION 30", but the saved page numbers its sections 1 to 26 and the section headed ARBITRATION is number 25; no section 30 appears in the saved text.
Not stated here
Which section the number 30 was meant to point to is not stated in the text.
Subscriber accepts by signing, saying yes, activating service, opening equipment, or simply using or paying
The terms treat a subscriber as having accepted by any of five routes: a written or electronic signature; telling Spectrum electronically or orally of acceptance, authorization or consent; activating Service, Equipment or a Device; breaking the package or box seal of any Equipment or Device; or any use or payment of Service, Equipment or a Device. The document calls this a binding agreement. In practice, ordinary use of the service or breaking the seal on a box is enough; a signature is not required.
Supporting quotations
Subscriber accepts these Terms of Service by: (i) written or electronic signature; (ii) informing Spectrum electronically or orally of acceptance, authorization or consent; (iii) activating Service, Equipment or a Device; (iv) breaking the package or box seal of any Equipment or Device; or (v) any use or payment of Service, Equipment or a Device.
This is a binding agreement
Qualifications & exceptions
The text lists five routes joined by "or", so any one of them is stated to be sufficient.
Not stated here
The text does not say what a subscriber can do if they have already broken a seal or paid but do not agree to the terms.
Account & Service Control · Restriction or exception
By accepting, the subscriber represents they are at least 18 and legally able to contract
Accepting the terms includes a statement by the subscriber that they are at least eighteen years old and legally able to accept a binding contract. A person under 18 or otherwise unable to contract is therefore making a statement the terms treat as untrue if they accept.
Supporting quotations
By accepting these Terms of Service, Subscriber is representing that Subscriber is at least eighteen (18) years old and legally able to accept a binding contract.
Qualifications & exceptions
The representation is made by accepting, and acceptance can occur through use or payment alone.
Not stated here
The text does not say what Spectrum does if the representation is untrue.
Account & Service Control · Restriction or exception
Service, equipment and software are for personal, residential, non-commercial use; no resale or rebroadcast
The subscriber agrees that the Service, Equipment and Licensed Software will be used only for personal, residential, non-commercial purposes. The subscriber may not rebroadcast, retransmit, redistribute or resell the Services, or use them for any unlawful purpose. In practice, running a business on the connection or sharing the service with others for payment is outside what this clause allows.
Supporting quotations
Subscriber agrees that Service, Equipment (as defined below) or Licensed Software (as defined below) will be used only for Subscriber’s personal, residential, non-commercial purposes.
You may not rebroadcast, retransmit, redistribute, or resell the Services, or use the Services for any unlawful purpose.
Qualifications & exceptions
The clause does not define "commercial" or "residential" and does not give examples of borderline uses such as working from home.
Not stated here
Whether any permitted business use exists under other posted policies is not shown in this text.
Account & Service Control · Company commitment
The terms apply to everyone who uses the service, and the subscriber must make sure they comply
The subscriber agrees that these terms apply to all persons using the Services and that the subscriber will ensure that all users of the Service comply. A household member or guest using the service is covered by the same rules, and the subscriber is the one who must answer for compliance.
Supporting quotations
Subscriber agrees that these Terms of Service apply to all persons using the Services and that Subscriber will ensure that all users of the Service comply with the Terms of Service.
Qualifications & exceptions
The sentence places the compliance duty on the subscriber; it does not say what follows if another user does not comply.
Not stated here
Whether Spectrum can act against the subscriber for another user's conduct is addressed, if at all, in other sections such as termination and indemnification.
Legal Rights & Agreement Rules · Company practice
Spectrum may change the services or the terms; material changes get at least 30 days' notice by listed methods
Spectrum may modify the Services or these Terms of Service and says it will post changes at www.spectrum.com/policies. For material changes to the Services or the Terms of Service it will notify the subscriber at least 30 days in advance, or a longer period if the law requires, by e-mail, mail, hand delivery, a message in the monthly billing statement, or other lawful means. The subscriber agrees those methods are sufficient notice. In practice, a message in a bill can count as notice of a change. Together with the earlier statement that the subscriber should regularly consult www.spectrum.com/policies for updates, this puts some of the burden of keeping up with changes on the subscriber.
Supporting quotations
Spectrum may modify the Services or these Terms of Service and will post any such changes on www.spectrum.com/policies.
Spectrum will notify you of material changes to the Services or Terms of Service at least 30 days in advance (or longer period as required by law) by e-mail, mail, hand delivery, a message in your monthly billing statement, or by other lawful means.
Subscriber agrees that the foregoing methods of notice constitute sufficient and effective notice under these Terms of Service.
Subscriber should regularly consult www.spectrum.com/policies for updates.
Qualifications & exceptions
The 30-day advance notice is stated for "material" changes; the text does not say how non-material changes are announced beyond posting.
The 30 days can be longer if applicable law requires.
Not stated here
The text does not define which changes are material.
Posting alone is stated for changes in general; whether a non-material change takes effect immediately is not stated.
Legal Rights & Agreement Rules · User right or choice
Disagreeing with a change: cancel the affected service, or continued use for over 30 days counts as acceptance
If the subscriber disagrees with a change to a Service or to these Terms of Service, the subscriber may cancel the affected Service without liability for any early termination fee, if there is one. However, continued use of the affected Service for more than 30 days after Spectrum delivers notice of the change is treated as acceptance of the change. In practice, staying silent while continuing to use the service is how acceptance happens; the way to avoid a change is to cancel the affected Service.
Supporting quotations
If you disagree with a change to a Service or these Terms of Service, you may cancel the affected Service, without liability for any early termination fee (if any)
your continued use of the affected Service for more than 30 days after we deliver notice of a change will constitute your acceptance of the change
Qualifications & exceptions
The release is from an early termination fee only; the text does not say it releases other charges, equipment obligations or amounts already owed.
The right applies to the "affected Service".
Not stated here
The text does not say how quickly a cancellation after a change must be made to avoid the early termination fee.
Charges & Financial Obligations · Company practice
Billing starts at activation, or 8 days after equipment pickup or shipment if that is earlier
Billing starts on the earlier of two events: activation of any Service or Device, or 8 days after the customer picks up Equipment or Devices or Spectrum ships them. The subscriber agrees to pay all charges associated with the Service, including applicable federal, state and local taxes and fees, and fees to recoup government fees related to the sale, installation, use or provision of the Services. In practice, charges can begin before the service is actually turned on if equipment has been shipped or picked up for more than 8 days.
Supporting quotations
Billing will commence upon the earlier of (i) the activation of any Service or Device, or (ii) 8 days after customer pickup or shipment by Spectrum of Equipment or Devices.
Subscriber agrees to pay all charges associated with the Service, including applicable federal, state, and local taxes and fees, and fees to recoup any applicable municipal, state and federal government fees, for the sale, installation, use, or provision of the Services.
Qualifications & exceptions
Billing starts at the earlier of the two stated events.
Not stated here
The text does not say whether the 8 days run from pickup or from shipment when both occur, or how they are measured.
Charges & Financial Obligations · Company practice
Spectrum decides how a partial payment is applied across outstanding charges
If the subscriber pays only part of a bill, Spectrum applies the payment to outstanding charges in the amounts and proportions that Spectrum determines. Making a partial payment does not waive Spectrum's right to collect the full balance owed.
Supporting quotations
If partial payment is made of any bill and without waiving its right to collect the full balance owed, Spectrum will apply that payment to any outstanding charges in the amounts and proportions that it determines.
Qualifications & exceptions
The allocation is at Spectrum's determination; the text does not state any priority order.
Charges & Financial Obligations · Company practice
Monthly services are charged in full without proration; usage charges follow actual usage and can be billed early
For services offered on a monthly subscription basis, and subject to restrictions under applicable law, the subscriber is responsible for the full monthly charge without proration even if the monthly service is terminated before the end of its period. Usage charges (the example given includes per-event or per-program Video Services and per-unit, per-minute or data usage charges) are based on actual usage or orders in the previous month. If usage charges pass a threshold amount that Spectrum determines, they may be charged and become due before the end of the monthly billing period. In practice, cancelling mid-month does not reduce that month's subscription charge, and a high-usage bill can come early.
Supporting quotations
Subject to restrictions under applicable law, Subscriber shall be responsible for the full monthly charge (without pro-ration) for Services offered on a monthly subscription basis to which Subscriber has subscribed, regardless of a termination of such monthly Service prior to the conclusion of its monthly subscription service period
and for usage charges for Services or features (for example, per event or program Video Services or per unit, minute, or data usage charges)based on actual usage or orders placed during the previous month (collectively “Usage Charges”).
If Subscriber’s Usage Charges exceed a threshold amount, as determined by Spectrum, such Usage Charges may be charged to Subscriber and become due prior to the end of the monthly billing period.
Qualifications & exceptions
The no-proration rule is expressly subject to restrictions under applicable law.
The accelerated billing of usage charges depends on a threshold that Spectrum determines.
Not stated here
The threshold amount is not stated in the text.
Charges & Financial Obligations · Company practice
Unless cancelled on or before the last day of the period, the subscriber is charged in full for the next monthly period
Unless the subscriber cancels the Service on or before the last day of the current monthly subscription service period, the subscriber will be charged in full for the next monthly subscription service period. In practice, cancelling after the period ends means paying for another full month.
Supporting quotations
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 for the next monthly subscription service period.
Qualifications & exceptions
The deadline is the last day of the current monthly subscription service period.
Not stated here
The text here does not say when a cancellation request counts as made; the termination section says a subscriber-requested termination is effective after the date Spectrum receives the request.
Charges & Financial Obligations · Restriction or exception
A billing dispute must be raised within 60 days after the due date or it is waived
A subscriber who disagrees with a charge must contact Spectrum at 1-855-757-7328 no later than 60 days after the due date on the billing statement, or a later date if the law requires. If the subscriber does not, the subscriber waives the dispute. In practice, a disputed charge that is not reported within that window can no longer be contested under these terms.
Supporting quotations
If you disagree with a charge on your billing statement, you must contact Spectrum at 1-855-757-7328 no later than 60 days after the due date on your billing statement (or such later date as required by law) or you waive any such dispute.
Qualifications & exceptions
The 60 days run from the due date on the billing statement, not from the date the subscriber receives or notices the bill.
A later date applies where the law requires one.
Not stated here
The text does not say whether contact must be by phone only; it gives a phone number and says "contact Spectrum".
Charges & Financial Obligations · Restriction or exception
Not paying by the due date can lead to suspension or disconnection of all services, equipment removal and a late charge
If charges are not paid by the due date on the billing statement, including when a check is returned for insufficient funds, Spectrum may suspend or disconnect all Services, remove all Equipment, and impose a late payment or service charge. The clause says "all Services", so non-payment on one part of an account can affect everything billed together. The separate late fee clause adds that a late fee may be charged on top of the past due balance and that late fees are not treated as interest, credit service charges, finance charges or penalties.
Supporting quotations
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.
Subscriber may be charged a late fee in addition to Subscriber's past due balance.
Qualifications & exceptions
The text says these steps "may" result; it does not say they will.
Not stated here
The amount of any late payment or service charge is not stated here.
Charges & Financial Obligations · Company practice
Resuming service can bring reconnection fees, and after termination new installation fees and different rates
If service is resumed after a suspension, the subscriber may be subject to reconnection fees. If service is resumed after termination, Spectrum 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.
Supporting quotations
Should Subscriber resume Service after a suspension, Subscriber may be subject to reconnection fees. Should Subscriber resume Service after termination of Service, Spectrum 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.
Qualifications & exceptions
Reconnection fees apply after suspension; installation, service-call and activation fees and different rates apply after termination.
Not stated here
The amounts of the fees are not stated in the text.
Charges & Financial Obligations · Company practice
If collection activity is needed, additional collection charges may be added
When collection activities are required, additional collection charges may be imposed on the subscriber. A later termination clause separately says the subscriber pays reasonable collection and attorney's fees if Spectrum must enforce collection.
Supporting quotations
In the event collection activities are required, additional collection charges may be imposed.
Qualifications & exceptions
The charge is stated as something that "may" be imposed.
Not stated here
The amount or method of calculating collection charges is not stated.
Charges & Financial Obligations · Context
Spectrum says it is not extending credit, except where a device is bought on an installment plan
Except where the subscriber buys a Device from Spectrum under an installment plan agreement, Spectrum says it is not extending the subscriber any credit, so the parties are not entering a consumer credit or similar transaction. The statement is Spectrum's description of the relationship for ordinary service billing.
Supporting quotations
Except to the extent Subscriber is purchasing a Device from Spectrum under an installment plan agreement, Spectrum is not extending Subscriber any credit and therefore Spectrum and Subscriber are not entering into a consumer credit or similar transaction.
Qualifications & exceptions
The statement excludes device purchases under an installment plan agreement.
Not stated here
The installment plan terms are not in this text.
Charges & Financial Obligations · Context
Electronic Payment Services cover one-time electronic payments and recurring Auto Pay
The subscriber may make a one-time payment against the monthly billing statement by electronic funds transfer or by a debit or credit card charge. The subscriber may also pay the balance on a recurring basis, including charges due immediately, by enrolling in the Auto Pay Service. Together these are called the Electronic Payment Services, and the lettered rules that follow apply to them.
Supporting quotations
Subscriber may 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.
(collectively, the Electronic Payment Services)
Charges & Financial Obligations · Permission or license
Using One Time Pay authorizes a single charge in the amount the subscriber requested
A subscriber who uses Spectrum's One Time Pay service authorizes Spectrum to charge or debit the bank account, debit card or credit card the subscriber designated (the Payment Method) to make one payment in the amount the subscriber requested.
Supporting quotations
If you use Spectrum’s One Time Pay service, you authorize Spectrum 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.
Qualifications & exceptions
The authorization is for a one-time payment in the amount the subscriber requests.
Charges & Financial Obligations · Permission or license
Auto Pay authorizes monthly charges until cancelled at least 3 business days before the next payment
By enrolling in Auto Pay, the subscriber authorizes Spectrum to charge or debit the Payment Method each month for the balance due on the due date shown on the monthly bill, including charges that are due immediately. Spectrum continues to charge each month unless the subscriber cancels the authorization at least three business days before the next scheduled payment date. To end Auto Pay, the subscriber must call 844-242-9935 or visit a Spectrum Store. A separate sub-clause says the subscriber can revoke Auto Pay at any time except where Auto Pay is required, and that revocation takes effect only after Spectrum receives it.
Supporting quotations
By enrolling in Auto Pay Service, Subscriber authorizes Spectrum 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.
Spectrum 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. To terminate Auto Pay Service, you must call 844-242-9935 or visit a Spectrum Store.
Qualifications & exceptions
The cancellation notice is at least three business days before the next scheduled payment date.
Termination is stated to require a phone call or a visit to a Spectrum Store.
Not stated here
The balance due can vary month to month; the text does not cap the amount charged.
Cross-references
contrast (model-proposed): Auto Pay can be revoked at any time except where it is required; revocation takes effect after Spectrum receives it — contrast: The Auto Pay authorization says Auto Pay continues unless the subscriber cancels at least three business days before the next payment date, while the later sub-clause says the subscriber may revoke at any time (except where required) with effect once Spectrum receives the revocation. The text does not reconcile the lead time with revocation at any time.
Charges & Financial Obligations · User right or choice
Auto Pay can be revoked at any time except where it is required; revocation takes effect after Spectrum receives it
The subscriber may revoke the recurring Auto Pay arrangement at any time, except for services where Auto Pay is required. A revocation does not take effect until Spectrum receives it, and it ends the automatic bill payments. After Auto Pay is cancelled, the subscriber is responsible for paying all amounts due directly as shown on the billing statement. This sits beside the earlier statement that the subscriber must cancel at least three business days before the next scheduled payment.
Supporting quotations
Subscriber has the right to revoke the recurring Auto Pay arrangement with Spectrum 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 Spectrum, and will result in the discontinuance of Auto Pay bill payment(s).
After cancelation of Auto Pay bill payment, you will be responsible for directly paying all amounts due as set forth on your billing statement.
Qualifications & exceptions
The right to revoke does not apply to services where Auto Pay is required.
Revocation is not effective until Spectrum receives it.
Not stated here
The text does not identify which services require Auto Pay.
The words "at any time" here and the three-business-day lead time in the Auto Pay authorization clause are not reconciled in the text.
Charges & Financial Obligations · Permission or license
Spectrum may store the payment method; the subscriber must keep it current and report changes 3 business days ahead
By using the Electronic Payment Services, the subscriber represents that they are the legally authorized user of the Payment Method and authorizes Spectrum to store it for future use. The subscriber is responsible for keeping the Payment Method information current and accurate at all times and must notify Spectrum of a change at least three business days before the scheduled due date for the month in which the change is wanted. Otherwise the change does not take effect until the following billing cycle. A later sub-clause adds that it may take at least one billing cycle to update a new Payment Method and the subscriber remains solely responsible for payments when due in the meantime.
Supporting quotations
By using the Electronic Payment Services, you (i) represent that you are the legally authorized user of the Payment Method and (ii) authorize Spectrum to store your Payment Method for future use.
Subscriber must notify Spectrum 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; otherwise the change will not take effect until the following billing cycle.
It may take at least one billing cycle to update your new Payment Method. In the meantime, you will remain solely responsible for making payments when due.
Qualifications & exceptions
The storage authorization is for "future use" of the Payment Method.
Not stated here
The text does not say how long a stored Payment Method is kept or how it is protected.
Charges & Financial Obligations · Company practice
If the first Auto Pay payment fails, a payment failure fee can be added; declined payments are retried for up to 30 days
If the subscriber is enrolled in Auto Pay and the initial payment fails, the subscriber may be charged a payment failure fee in addition to the past due balance. The payment-by-check section adds that, when an electronic payment is initially rejected, Spectrum makes additional attempts to collect it for up to 30 days after the first refusal, and if no payment succeeds by the end of that 30-day period the subscriber's Electronic Payment Services are terminated.
Supporting quotations
If Subscriber is enrolled in the Auto Pay Service and the initial payment fails, Subscriber may be charged a payment failure fee in addition to Subscriber's past due balance.
If initially rejected, Spectrum will make additional 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.
Qualifications & exceptions
The failure fee is stated as something that "may" be charged.
Not stated here
The amount of the payment failure fee is not stated.
Charges & Financial Obligations · Company practice
The amount on the monthly bill serves as notice of any change from the previous month's payment
Spectrum says it will notify the subscriber before the payment due date, and that the amount shown as due on the monthly billing statement constitutes notice of any variance in the amount paid in the previous month. In practice, a changed Auto Pay amount is announced only by the new bill itself.
Supporting quotations
Spectrum 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.
Qualifications & exceptions
The text does not set a minimum number of days for the pre-due-date notification.
Not stated here
How the pre-due-date notification is delivered is not stated.
Charges & Financial Obligations · Procedure
To keep a record of an online Auto Pay confirmation, the subscriber must print or save it
For a copy of the online Auto Pay confirmation, the subscriber must print or save the document to their own computer. The text does not describe Spectrum sending or keeping a copy for the subscriber.
Supporting quotations
For a copy a Subscriber's online Auto Pay confirmation for Subscriber's records, Subscriber must print or save such document to Subscriber's computer.
Not stated here
The sentence is worded awkwardly ("a copy a Subscriber's"); it does not say whether Spectrum can provide another copy on request.
Charges & Financial Obligations · Restriction or exception
Subscribers must report account or payment changes; Electronic Payment Services are for personal, lawful use only
The subscriber must notify Spectrum of any change in account information or Payment Method, and can update them in the My Spectrum application, at Spectrum.net/myaccount, or with a service representative. The Electronic Payment Services are for personal, non-commercial use only, and the subscriber may not use them for any illegal purpose.
Supporting quotations
Subscriber must notify Spectrum of any change in account information or Payment Method. Subscriber can update account or Payment Method information on the My Spectrum application, or Spectrum.net/myaccount, or while speaking with one of our service representatives.
Electronic Payment Services are for personal, non-commercial use only, and Subscriber is prohibited from using these services for any illegal purpose.
Qualifications & exceptions
The personal-use limit covers the Electronic Payment Services, not the Services in general (which are covered by the use-of-service clause).
Legal Rights & Agreement Rules · Restriction or exception
Spectrum may send legal notices about payments electronically, and the subscriber cannot revoke consent
The subscriber agrees that Spectrum may provide legal notices about the Electronic Payment Services, payments made and other relevant information related to payment transactions. The subscriber may not revoke the consent to receive these notices electronically.
Supporting quotations
You agree that Spectrum may provide you legal notices regarding Electronic Payment Services, payments made, and other relevant information attributable to your payment transactions. Subscriber may not revoke consent to receive such electronic notices.
Qualifications & exceptions
The consent that cannot be revoked is stated for "such electronic notices" about Electronic Payment Services and payment transactions.
Not stated here
The text does not say which electronic channel is used (for example e-mail or the account portal).
Security & Safeguards · Restriction or exception
The subscriber must protect payment login credentials, limit access to delegated users and report loss immediately
The subscriber must protect the confidentiality of any user name or password used with the Electronic Payment Services and must not give access to anyone other than delegated authorized users. If the subscriber believes the password or other access means has been lost or compromised, the subscriber must notify Spectrum immediately at 855-757-7328.
Supporting quotations
Subscriber must protect the confidentiality of any user name or password used with the Electronic Payment Services. Subscriber shall not provide access to the Electronic Payment Services to anyone other than delegated authorized users.
If Subscriber believes Subscriber's password or other means to access Electronic Payment Services has been lost or compromised, Subscriber must notify Spectrum immediately at 855-757-7328.
Qualifications & exceptions
Access may be shared only with delegated authorized users.
Not stated here
The text does not say how a user is delegated or what happens to liability for unauthorized payments in this subsection.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not responsible if events beyond its control prevent it from processing or receiving payments
Spectrum has no liability or responsibility for its inability to process or receive payments through the Electronic Payment Service when circumstances beyond its control prevent it from doing so.
Supporting quotations
Spectrum shall have no liability or responsibility for its inability to process or receive payments through the Electronic Payment Service in the event circumstances beyond Spectrum's control prevent Spectrum from doing so.
Qualifications & exceptions
The exclusion is limited to circumstances beyond Spectrum's control.
Not stated here
The text does not define what counts as beyond Spectrum's control here; a general force majeure clause appears elsewhere.
Charges & Financial Obligations · Restriction or exception
The subscriber pays all fees and costs of maintaining a valid payment method
The subscriber is responsible for all fees and costs related to maintaining a valid Payment Method, including processing charges or annual costs. Costs charged by a bank or card issuer for the payment method are therefore the subscriber's, not Spectrum's.
Supporting quotations
Subscriber is responsible for all fees and costs related to maintaining a valid Payment Method including processing charges or annual costs.
Not stated here
The text does not say whether Spectrum itself adds any processing charge of its own.
Charges & Financial Obligations · Restriction or exception
Third parties, bots, scripts and AI may not make payments on the subscriber's behalf without Spectrum's written consent
No payment processor or other third party may use the Electronic Payment Services to pay for the subscriber without Spectrum's written consent. This expressly includes artificial intelligence, automated scripts or routines, robots, bots, or other means that are not under the direct guidance or instruction of the subscriber. An attempt is described as unauthorized interference and may lead Spectrum to fail to process or accept the subscriber's payments. The restriction does not prevent technology designed and intended to assist customers with disabilities.
Supporting quotations
No payment processor or other third party may use the Electronic Payment Services, including, without limitation, artificial intelligence, any use of automated scripts or routines, robots, bots, or other means not under the direct guidance or instruction of Subscriber, to make payments on behalf of Subscriber without Spectrum’s written consent.
Any attempt to do so is an unauthorized interference with the operation of the Electronic Payment Services and may result in Spectrum’s failure to process or accept payments from you.
The restrictions in this paragraph will not prevent the use of technology that is designed and intended to assist customers with disabilities.
Qualifications & exceptions
The restriction covers means "not under the direct guidance or instruction of Subscriber"; the text does not define direct guidance.
Written consent from Spectrum lifts the restriction.
Technology designed and intended to assist customers with disabilities is expressly not prevented.
Not stated here
The text does not say whether payment aggregator or bill-pay services offered by a bank are treated as a "payment processor or other third party".
Charges & Financial Obligations · Restriction or exception
The only remedy for an incorrect transfer of funds is return of the improperly transferred funds
Spectrum's sole and entire liability, and the subscriber's exclusive remedy, for processing or deducting an incorrect transfer of funds under the Electronic Payment Terms is the return of the improperly transferred funds. The clause says it does not limit non-waivable rights the subscriber may have under applicable law. The clause refers to "THIS SECTION 3", which matches the section numbered 3 in the saved page, the Electronic Payment Terms.
Supporting quotations
SPECTRUM'S SOLE AND ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY FOR THE PROCESSING OR DEDUCTION OF AN INCORRECT TRANSFER OF FUNDS HEREUNDER IS THE RETURN 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.
Qualifications & exceptions
The limit is for incorrect transfers of funds processed or deducted under this payment section.
Non-waivable rights under applicable law are expressly not limited.
The saved page's section numbering lists the Electronic Payment Terms as number 3, so the citation "SECTION 3" is consistent with that numbering; the numbers are not part of the block text.
Not stated here
Which rights are non-waivable is not stated and depends on applicable law.
Charges & Financial Obligations · Permission or license
Checks are collected electronically; declined amounts may be collected electronically and retried for up to 30 days
A subscriber who pays by check authorizes Spectrum to collect the payment electronically. Whether paying by check, Electronic Payment Services or any electronic funds transfer from a bank account, the subscriber authorizes Spectrum to collect any declined amount electronically from that account. If a payment is initially rejected, Spectrum makes additional attempts for up to 30 days after the first refusal, and if no payment succeeds by the end of that period the subscriber's Electronic Payment Services are terminated.
Supporting quotations
If Subscriber makes payment by check, Subscriber authorizes Spectrum to collect such payment electronically.
Whether paying by check, Electronic Payment Services, or any form of electronic funds transfer from a banking account, Subscriber hereby authorizes Spectrum to collect any declined amount electronically from the subject account.
If initially rejected, Spectrum will make additional 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.
Qualifications & exceptions
The retry period is up to 30 days after the initial refusal.
The consequence at the end of the period named in the text is termination of the Electronic Payment Services, not of the account.
Not stated here
The text does not say how many retry attempts are made or whether the subscriber is told of each attempt.
Charges & Financial Obligations · Restriction or exception
Notes such as "paid in full" on a payment do not change the terms and have no legal effect
The subscriber may not amend or modify the terms through restrictive endorsements (such as "paid in full"), releases or other statements written on or sent with payments to Spectrum. Any such notation has no legal effect.
Supporting quotations
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 any payments to Spectrum; any of which notations shall have no legal effect.
Charges & Financial Obligations · Company practice
A bundle discount can be removed from the remaining services if one component is terminated
Spectrum reserves the right to offer, and the subscriber may elect, a combination of Services with a bundle discount (Bundled Services). If the subscriber terminates any service in the bundle, or Spectrum terminates a component because the subscriber failed to comply with the terms, Spectrum reserves the right to revert the pricing of the remaining Services to their applicable undiscounted prices.
Supporting quotations
Spectrum 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 Spectrum terminates such Service component based on Subscriber's failure to comply with the Terms of Service, Spectrum reserves the right to revert the pricing of the remaining Service(s) to the applicable undiscounted price for such Service(s).
Qualifications & exceptions
The reversion is something Spectrum "reserves the right" to do, not stated as automatic.
It applies when the subscriber ends a component or Spectrum ends a component for non-compliance.
Not stated here
The text does not say how much notice is given before pricing reverts, or whether it applies if Spectrum ends a component for another reason.
Legal Rights & Agreement Rules · Context
"Spectrum Property" and "Equipment" cover Spectrum-provided hardware and software; cable home wiring is carved out
Spectrum Property is all new or reconditioned equipment that Spectrum provides or leases to the subscriber, including cabling or wiring, electronic devices, modems, routers and other hardware. It also includes software and programs contained within Spectrum Equipment, downloaded to the subscriber by Spectrum, or downloaded by the subscriber as directed by Spectrum. The defined term "Equipment" covers all of this. The definition excepts "cable home wiring" as defined at 47 C.F.R. §76.804, and the term "Wiring" is introduced in parentheses right after that exception. Later clauses restrict "Equipment and Wiring" together.
Supporting quotations
Spectrum Property includes all new or reconditioned equipment that Spectrum provides or leases to you, including cabling or wiring (except for “cable home wiring” as defined at 47 C.F.R. §76.804 (“Wiring”)), electronic devices, modems, routers, and any other hardware
and includes all software and programs contained within Spectrum Equipment, downloaded to Subscriber by Spectrum or downloaded by Subscriber as directed by Spectrum (“Equipment”).
Qualifications & exceptions
The definition covers equipment Spectrum provides or leases; equipment the subscriber owns is addressed separately as Subscriber Property.
Cable home wiring as defined in the cited federal regulation is excepted from Spectrum-provided cabling or wiring in this definition.
The placement of the defined term "Wiring" is ambiguous: it follows the cable home wiring exception, so it may label the excepted wiring, yet other clauses treat "Equipment and Wiring" as things the subscriber must not move or tamper with.
Not stated here
The cited federal regulation (47 C.F.R. §76.804) is not part of the saved text, so what counts as cable home wiring is not shown here.
The text does not say who owns the "Wiring" or whether the rules on Equipment and Wiring apply to wiring the subscriber owns.
Account & Service Control · Restriction or exception
Equipment and wiring must stay at the service address unless Spectrum authorizes otherwise
Equipment and Wiring installed at the subscriber's address must remain there and must not be used or relocated off the premises without Spectrum's authorization. The Equipment clause adds that neither the subscriber nor anyone other than Spectrum's authorized personnel may remove or relocate Equipment or Wiring from the service address of initial installation.
Supporting quotations
Equipment and Wiring installed at Subscriber's address must remain at Subscriber’s address and must not be used or relocated off such premises without Spectrum authorization.
Neither Subscriber nor any other person (except Spectrum's authorized personnel) will: (a) open, tamper with, service, or make alterations to Equipment or Wiring; nor (b) remove or relocate Equipment or Wiring from the service address of initial installation.
Qualifications & exceptions
Spectrum authorization lifts the restriction; Spectrum's authorized personnel are excepted.
Not stated here
The text does not describe how a subscriber who is moving requests authorization to take equipment along.
Charges & Financial Obligations · Restriction or exception
Equipment must be returned on swap-out or termination, or an unreturned equipment fee is due; Spectrum keeps title
The subscriber must return all Equipment when substituting use (upgrade, downgrade or swap-out) or when Service terminates. Failure to return it results in an unreturned equipment charge, the Unreturned Equipment Fee, which is due immediately. The subscriber agrees to pay that fee whether the Equipment is lost, damaged, modified or destroyed. Spectrum keeps title to all Equipment at all times, including after the fee is paid. Paying the fee does not transfer ownership.
Supporting quotations
Subscriber must return all Equipment upon substitution of use (upgrade, downgrade or swap-out) or termination of Service. Failure to do so will result in a unreturned Equipment charge, which amount shall be due immediately (“Unreturned Equipment Fee”).
Subscriber agrees to pay such fee whether the Equipment is lost, damaged, modified or destroyed.
Spectrum retains all title to all Equipment, at all times, including after payment on an Unreturned Equipment Fee. Spectrum in no way relinquishes ownership of (including title to) Equipment by the payment of an Unreturned Equipment Fee.
Qualifications & exceptions
The fee applies whether the Equipment is lost, damaged, modified or destroyed.
Paying the fee does not transfer title.
Not stated here
The amount of the Unreturned Equipment Fee is not stated here; the termination section refers to a "then current schedule of charges".
The text does not say whether the Equipment may be returned later and the fee refunded.
Security & Safeguards · Permission or license
Services are "AS IS" and "AS AVAILABLE"; Spectrum may suspend service to address network integrity or security
All Services are provided on an "AS IS" and "AS AVAILABLE" basis. Spectrum has the right to implement reasonable measures necessary to track, manage and ensure the security and integrity of its network facilities, including the right to suspend, freeze or otherwise cease Service or network access in the event and to the extent necessary to address a network integrity or security concern.
Supporting quotations
All Services are provided on an "AS IS" and "AS AVAILABLE" basis.
Spectrum shall have the right to implement reasonable measures necessary to track, manage, and/or ensure the security and integrity of its network facilities, including 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.
Qualifications & exceptions
The right to suspend, freeze or cease service applies "in the event and to the extent necessary" to address a network integrity or security concern.
The measures are described as reasonable and necessary.
Not stated here
The text does not say what network tracking and management measures are used or what data they involve.
Legal Rights & Agreement Rules · Restriction or exception
No liability for interruptions from maintenance, network management, power outages or events beyond its control
Spectrum is not liable for any failure or interruption of Service resulting from maintenance, repairs, upgrades or testing; network management measures, including tracking, managing and ensuring the security and integrity of its network and Services; commercial power outages; or circumstances beyond Spectrum's reasonable control. Spectrum may give credit toward the recurring monthly subscription fee for qualifying Service outages only to the extent required under applicable law.
Supporting quotations
Spectrum shall not be liable for any failure or interruption of Service resulting from maintenance, repairs, upgrades, or testing; network management measures including tracking, managing, and ensuring the security and integrity of its network facilities and the Services; commercial power outages; or circumstances beyond Spectrum's reasonable control.
To the extent required under applicable law, Spectrum may give credit with respect to Subscriber's recurring monthly subscription fee for qualifying Service outages.
Qualifications & exceptions
Credit for outages is stated only "to the extent required under applicable law" and is described as something Spectrum "may" give.
The credit applies to the recurring monthly subscription fee for qualifying outages.
Not stated here
The text does not say which outages qualify or what the credit amount is.
Account & Service Control · Permission or license
Equipment is for use with the Services only, and Spectrum may remove or change it, including software, at its discretion
The subscriber agrees to use the Equipment exclusively in connection with the Services. Spectrum may remove or change the Equipment, including Licensed Software, at its discretion at any time while the Services are active or after they end. In practice, Spectrum can swap or take back its hardware and software without the subscriber's consent.
Supporting quotations
Subscriber expressly agrees to use the Equipment exclusively in connection with the Services.
Spectrum may remove or change the Equipment (including Licensed Software) at our discretion at any time the Services are active or following the termination of Services.
Qualifications & exceptions
The right applies at any time while Services are active or after termination.
The text states the right as Spectrum's discretion and does not mention notice.
Not stated here
The text does not say whether Spectrum must replace removed Equipment with equivalent Equipment.
Account & Service Control · Restriction or exception
Tampering with equipment or using it to receive service without authorization is treated as theft of service
Neither the subscriber nor anyone other than Spectrum's authorized personnel may open, tamper with, service or alter Equipment or Wiring. Any use of Equipment or Wiring that permits the receipt of Services without authorization constitutes theft of Service and is prohibited.
Supporting quotations
Neither Subscriber nor any other person (except Spectrum's authorized personnel) will: (a) open, tamper with, service, or make alterations to Equipment or Wiring; nor (b) remove or relocate Equipment or Wiring from the service address of initial installation.
Any use of Equipment or Wiring which permits the receipt of Services without authorization constitutes theft of Service and is prohibited.
Qualifications & exceptions
The prohibition applies to the subscriber and to any other person except Spectrum's authorized personnel.
Not stated here
The text does not define what use "permits the receipt of Services without authorization".
Account & Service Control · Restriction or exception
The subscriber may not sell, lease, abandon, give away or share the equipment, even after paying the unreturned fee
The subscriber agrees not to sell, lease, abandon or give away the Equipment, or permit any other person or service provider to use it. This also applies to Equipment for which an Unreturned Equipment Fee has been paid, consistent with Spectrum keeping title.
Supporting quotations
Subscriber further agrees not to sell, lease, abandon, or give away the Equipment, or permit any other person or service provider to use the Equipment, including Equipment for which an Unreturned Equipment Fee has been paid.
Qualifications & exceptions
The restriction continues after an Unreturned Equipment Fee has been paid.
Account & Service Control · Context
Installing or using equipment at an address other than the authorized address may not work properly
A capitalized acknowledgment says any attempt to install or use the Equipment or Services at a location other than the subscriber's authorized address of record, unless Spectrum expressly authorizes it, may fail to function or may function improperly.
Supporting quotations
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 SPECTRUM, MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY.
Qualifications & exceptions
The acknowledgment is subject to express authorization by Spectrum.
Account & Service Control · Company commitment
Spectrum repairs or replaces defective equipment unless the subscriber caused it; a technician charge may apply
Spectrum will repair or replace damaged or defective Equipment if the damage or defect was not caused by the subscriber's misuse or improper operation or handling. A service charge may be imposed for dispatching a technician if there is damage to Equipment due to negligent use or abuse, or if no fault is found in Spectrum's system or Equipment.
Supporting quotations
Spectrum will repair or replace damaged or defective Equipment if such damage or defect was not caused by misuse or improper operation 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 Spectrum's system or Equipment.
Qualifications & exceptions
The repair or replacement commitment does not apply where the damage or defect was caused by the subscriber's misuse or improper operation or handling.
The technician charge is described as something that "may" be imposed.
Not stated here
The text does not state the amount of the technician service charge or who decides whether damage was caused by misuse.
Legal Rights & Agreement Rules · Restriction or exception
Equipment and wiring are provided "AS IS" and warranties are disclaimed unless law prohibits or restricts the disclaimer
All Equipment and Wiring are provided "AS IS", unless otherwise prohibited or restricted under applicable law. Spectrum specifically disclaims all express and implied warranties, including any implied warranties of merchantability, non-infringement, title and fitness for a specific purpose. The disclaimer sits beside the separate commitment to repair or replace defective Equipment.
Supporting quotations
ALL EQUIPMENT AND WIRING ARE PROVIDED "AS IS", UNLESS OTHERWISE PROHIBITED OR RESTRICTED UNDER APPLICABLE LAW, AND SPECTRUM 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.
Qualifications & exceptions
The disclaimer applies unless applicable law prohibits or restricts it.
Not stated here
The text does not say how the "AS IS" disclaimer interacts with the repair-or-replace commitment in the previous sentences.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not liable for indirect or consequential damages from using its equipment or wiring
To the fullest extent permitted by applicable law, Spectrum is not liable for indirect, consequential, exemplary, special, incidental or punitive damages, including lost business, revenue, profits or goodwill, arising from the use, deployment or functionality of its Equipment or Wiring.
Supporting quotations
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SPECTRUM 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.
Qualifications & exceptions
The exclusion applies "to the fullest extent permitted" by applicable law and is limited to damages arising from Equipment or Wiring.
Legal Rights & Agreement Rules · Restriction or exception
For damage caused by use of equipment or wiring, the only remedy is a refund of one billing cycle of equipment fees
Spectrum's sole obligation, and the subscriber's sole remedy, for any liability or damage caused by the subscriber's use or deployment of Equipment or Wiring is a refund of the fees the subscriber paid for that Equipment for the previous billing month or cycle. In practice, even a serious problem with leased Equipment is capped at roughly one month of the fees paid for that Equipment.
Supporting quotations
Spectrum'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.
Qualifications & exceptions
The remedy is a refund of fees paid for the Equipment for the previous billing month or cycle, not for the whole period of use.
Not stated here
The text does not say what happens if no separate fee is charged for the Equipment, so that there is nothing to refund.
Cross-references
contrast (model-proposed): The subscriber's exclusive remedy is to terminate the service or get defective equipment repaired or replaced — contrast: One clause makes a refund of the previous billing cycle's Equipment fees the sole remedy for damage from using Equipment or Wiring; the later clause makes the ability to terminate or obtain repair or replacement the exclusive remedy for breach. The remedies differ and the text does not say which controls where both could apply.
Legal Rights & Agreement Rules · Context
"Subscriber Property" covers the subscriber's own equipment, including devices bought from or conveyed by Spectrum
Apart from Spectrum's Equipment, Subscriber Property is all software, hardware, equipment, devices or services used in connection with the Services. It also includes equipment or devices the subscriber buys under a sales agreement with Spectrum (Subscriber Purchased Devices) and any device Spectrum conveys to the subscriber, either for a fee or at no cost (Conveyed Devices). A device that comes from Spectrum can therefore still be Subscriber Property.
Supporting quotations
Excluding the Equipment, Subscriber Property includes all software, hardware, equipment, devices or services used in connection with the Services. Subscriber Property also includes (i) equipment or devices that Subscriber purchases under a sales agreement with Spectrum (“Subscriber Purchased Devices”), and (ii) any device that Spectrum conveys to Subscriber, either for a fee or at no cost (“Conveyed Devices”).
Qualifications & exceptions
Equipment (Spectrum's provided or leased hardware and software) is excluded from Subscriber Property.
Not stated here
The text does not say when a Conveyed Device becomes the subscriber's property.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum disclaims support of subscriber property, content accessed through it, and third-party terms
Spectrum has no responsibility for the operation, support, maintenance or repair of any Subscriber Property, including Subscriber Purchased Devices or Conveyed Devices to which Spectrum or a third party provides software or downloads. The subscriber acknowledges that it is solely responsible for all content accessed through Subscriber Property and that Spectrum has no liability for content available through it. Access to content and services from third-party providers may be subject to their own terms and policies, including privacy and data gathering policies, which the subscriber may have to accept separately. Spectrum disclaims any obligation or responsibility for those, and the subscriber is solely obligated to follow them when they apply.
Supporting quotations
Spectrum has no responsibility for the operation, support, maintenance, or repair of any Subscriber Property, including Subscriber Purchased Devices or Conveyed Devices to which Spectrum or any third party provides software or downloads.
Subscriber acknowledges and agrees that it is solely responsible for all content accessed through Subscriber Property, and that Spectrum has no liability for content available through Subscriber Property.
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 Property 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 Spectrum disclaims and shall have no obligation or responsibility.
Qualifications & exceptions
The disclaimer applies even to devices that Spectrum sold or conveyed, when it or a third party provides software or downloads to them.
Not stated here
The third-party terms and policies are not part of this text, so what they say about privacy and data gathering is not shown here.
Legal Rights & Agreement Rules · Restriction or exception
Purchased and conveyed devices are "AS IS", and claims about them are between the subscriber and the manufacturer
Subscriber Purchased Devices and Conveyed Devices are provided "AS IS". Spectrum disclaims all claims arising from or associated with their failure, operability, performance, defects or damages, which the text says remain matters exclusively between the subscriber and the manufacturer of the device.
Supporting quotations
SUBSCRIBER PURCHASED DEVICES AND CONVEYED DEVICES ARE PROVIDED “AS IS”. SPECTRUM 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.
Qualifications & exceptions
The disclaimer is stated for Subscriber Purchased Devices and Conveyed Devices only.
Not stated here
The text does not say how this disclaimer interacts with any warranty the manufacturer or a sales agreement may give.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not responsible for loss or impairment of service caused by the subscriber's own equipment or software
Spectrum is not responsible or liable for any loss or impairment of its Service due in whole or in part to a malfunction, defect or other cause by Subscriber Property, including Subscriber Purchased Devices and Conveyed Devices, or subscriber-provided equipment or software.
Supporting quotations
Spectrum is not responsible or liable for any loss or impairment of Spectrum's Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Property, including Subscriber Purchased Devices and Conveyed Devices, or Subscriber-provided equipment/software.
Qualifications & exceptions
The exclusion applies where the loss or impairment is due "in whole or in part" to Subscriber Property.
Security & Safeguards · Permission or license
Spectrum may install, access, configure and upgrade subscriber property as needed to provide the Services
Notwithstanding anything to the contrary, the subscriber allows Spectrum and its agents to install hardware in, send software downloads to, and install, access, configure, maintain, inspect or upgrade Subscriber Property, including Subscriber Purchased Devices and Conveyed Devices, as necessary to provide the Services. The subscriber warrants that it either owns the equipment or has the authority to give Spectrum that access.
Supporting quotations
Notwithstanding anything to the contrary, Subscriber agrees to allow Spectrum 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 Property, including Subscriber Purchased Devices or Conveyed Devices, as necessary to provide the Services.
Subscriber warrants that Subscriber is either the owner of such equipment or that Subscriber has the authority to give Spectrum access to it.
Qualifications & exceptions
The access is limited to what is "necessary to provide the Services".
The right extends to Spectrum's agents and begins with "Notwithstanding anything to the contrary".
Not stated here
The text does not say whether the subscriber is told before Spectrum accesses or changes a device, or what data on the device Spectrum may see.
Content & IP Rights · Permission or license
The subscriber gets a limited, non-transferable license to use Spectrum's software only to access the Services
Spectrum grants the subscriber a limited, nonexclusive, nontransferable and non-assignable license or sublicense to install and use Spectrum's software, which includes software from third-party licensors and associated interfaces, documentation, data, Content and applications. Use must follow the applicable licensing terms and be solely to access and use the Services (the Licensed Software). All right, title and interest stays with Spectrum and its licensors, and no rights are granted to source code.
Supporting quotations
Spectrum grants you a limited, nonexclusive, nontransferable and non-assignable license or sublicense to install and use Spectrum’s software which includes software from third party licensors, along with all associated interfaces, documentation, data, Content, and applications, in accordance with any and all applicable licensing terms solely in order for you to access and use the Services (“Licensed Software”).
All right, title, and interest in and to the Licensed Software will remain with Spectrum and its licensors, and no rights are granted to source code.
Qualifications & exceptions
The license is limited to installing and using the software solely to access and use the Services.
The grant is a license or sublicense, so some rights come from third-party licensors.
Not stated here
The applicable licensing terms referred to are not part of this text.
Content & IP Rights · Restriction or exception
The subscriber may not copy, modify, reverse engineer, distribute or resell the licensed software
The subscriber agrees not to assign, transfer, sublicense, copy, reproduce, modify, decompile, reverse engineer, distribute, resell or otherwise dispose of the Licensed Software or any part of it.
Supporting quotations
You agree not to assign, transfer, sublicense, copy, reproduce, modify, decompile, reverse engineer, distribute, resell or otherwise dispose of the Licensed Software or any part thereof.
Content & IP Rights · Permission or license
Spectrum and its licensors may change, limit or disable the licensed software at any time without notice or liability
Spectrum, its licensors and other third parties reserve the right to change, update, suspend, terminate, remove, impose limits on the use or access to, or disable access to the Licensed Software at any time without notice, and they have no liability for doing so. Third-party operating system Licensed Software and pre-installed Licensed Software not provided by Spectrum are subject to the licensing agreements of those third parties.
Supporting quotations
Spectrum, its licensors, and such other third parties reserve the right to change, update, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Licensed Software at any time without notice and will have no liability for doing so.
Third party operating system Licensed Software and pre-installed Licensed Software not provided by Spectrum are subject to the licensing agreements of such third parties.
Qualifications & exceptions
The right is stated to apply at any time and without notice, and with no liability.
Not stated here
The text does not say whether any replacement or refund is provided when software is disabled.
Content & IP Rights · Restriction or exception
Subscriber must respect intellectual property rights and gets no license to use Spectrum's names, logos or trademarks
The subscriber must comply with the intellectual property rights of Spectrum, its third-party content providers and any other owner whose protected property may appear on any website or dialogue box controlled by Spectrum or accessed through Spectrum's websites. Spectrum's websites, corporate names, service marks, trademarks, trade names, logos and domain names (the Marks), and those of its affiliates, remain the exclusive property of Spectrum and its affiliates. Nothing in the terms gives the subscriber a right or license to use the Marks.
Supporting quotations
Subscriber must comply with the intellectual property rights of Spectrum, its third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Spectrum or accessed through Spectrum's websites.
All Spectrum websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, "Marks") and its affiliates are and shall remain Spectrum’s and its affiliates’ exclusive property. Nothing in these Terms of Service shall grant Subscriber the right or license to use any of the Marks.
Content & IP Rights · Procedure
Spectrum cites DMCA registration; the link to its copyright complaint procedure is an unfilled placeholder
Spectrum states that it is registered under the Digital Millennium Copyright Act of 1998. Citing Title 17, United States Code, Section 512(C)(3), it says a person who believes a Web page hosted by Spectrum violates their rights under U.S. copyright law may file a complaint with Spectrum's designated agent. The text sends the reader to a "Procedure for Making Claims of Copyright Infringement" at a website address that the saved text shows only as the placeholder "[Insert Website address]".
Supporting quotations
Spectrum is registered under the Digital Millennium Copyright Act of 1998.
In accordance with Title 17, United States Code, Section 512(C)(3)
if you believe that a Web page hosted by Spectrum is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Spectrum’s designated agent.
See Procedure for Making Claims of Copyright Infringement located at [Insert Website address].
Qualifications & exceptions
The complaint right described is for Web pages hosted by Spectrum.
The statute is cited by name and number only; its text is not part of the saved agreement.
Not stated here
The website address of the complaint procedure and the designated agent's identity are not given in the saved text; the address is a template placeholder.
Use & Processing · Permission or license
Spectrum may use artificial intelligence technologies to enhance its services, and the subscriber consents
Spectrum says it may utilize artificial intelligence (AI) technologies to enhance its services and improve user experience, and the subscriber consents to that use. The AI systems it may use include, but are not limited to, machine learning algorithms, natural language processing and automated decision-making tools.
Supporting quotations
Spectrum may utilize artificial intelligence (AI)[CJH1.1] technologies to enhance our services and improve user experience, and Subscriber consents to such use.
The AI systems employed may include, but are not limited to, machine learning algorithms, natural language processing, and automated decision-making tools.
Qualifications & exceptions
The consent is stated in general terms ("enhance our services and improve user experience") and the list of systems is non-exhaustive.
The saved text contains a stray drafting tag, "[CJH1.1]", inside the first sentence.
Not stated here
The text does not say what subscriber data the AI systems use, which decisions the automated tools make, or whether the subscriber can withdraw the consent.
Charges & Financial Obligations · Restriction or exception
The subscriber pays all taxes, franchise fees and surcharges, including those assessed retroactively or after an audit
The subscriber agrees to pay all local, state or federal taxes, franchise fees, surcharges and other fees or payment obligations levied, assessed or allowed by government or quasi-government bodies that apply to the Services, Equipment, Wiring, Subscriber Purchased Devices, Conveyed Devices, or related installation or service charges. This includes any tax, fee or surcharge that applies retroactively or results from a tax, surcharge or franchise fee audit by a governmental or quasi-governmental body. A description of Spectrum taxes, fees and surcharges is available at www.spectrum.net/support.
Supporting quotations
Subscriber agrees to pay all local, state or federal taxes, franchise fees, surcharges and any other fees or payment obligations which are levied, assessed or allowed by government or quasi-government bodies and which are applicable to the Services, the Equipment, Wiring, Subscriber Purchased Devices, Conveyed Devices, or installation or service charges incurred with respect to the same.
Subscriber is responsible for paying any tax, fee or surcharge that may be assessed or become applicable retroactively or that may result from a tax, surcharge or franchise fee audit conducted by a governmental or quasi-governmental body.
A description of Spectrum taxes, fees and surcharges is available at www.spectrum.net/support.
Qualifications & exceptions
The obligation includes charges that are assessed or become applicable retroactively.
Not stated here
The description of taxes, fees and surcharges at www.spectrum.net/support is linked but not part of the saved text.
Charges & Financial Obligations · Company practice
Spectrum may change taxes, fees and surcharges without notice unless the law requires notice
Unless applicable law requires it, Spectrum may not provide notice of a change in taxes, fees or surcharges.
Supporting quotations
Unless required by applicable law, Spectrum may not provide notice of a change in taxes, fees or surcharges.
Qualifications & exceptions
The statement is subject to any notice that applicable law requires.
Not stated here
The text does not say how a subscriber would learn of a change except through the bill and the linked description.
Account & Service Control · Permission or license
Spectrum and its contractors may enter the premises to install, inspect, maintain, repair and remove equipment
The subscriber authorizes Spectrum and its employees, agents, contractors and representatives to access and enter the subscriber's premises to install, inspect, maintain and repair the Equipment or Wiring and, when Service ends, to remove the Equipment. Spectrum's failure to remove its Equipment is not abandonment of it.
Supporting quotations
Subscriber authorizes Spectrum 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.
Spectrum's failure to remove its Equipment shall not be deemed abandonment thereof.
Qualifications & exceptions
The authorization is stated for installing, inspecting, maintaining and repairing Equipment or Wiring and removing Equipment on termination.
Not stated here
The text does not say whether notice or scheduling is required before entry.
Account & Service Control · Restriction or exception
Spectrum may refuse to install or maintain service at premises it considers hazardous
If installation and maintenance are requested at premises that, in Spectrum's sole discretion, are or may become hazardous or dangerous to its employees, the public or property, Spectrum may refuse to install and maintain the Service.
Supporting quotations
If the installation and maintenance of Service are requested at premises that, in Spectrum's sole discretion, are or may become hazardous or dangerous to our employees, the public or property, Spectrum may refuse to install and maintain such Service.
Qualifications & exceptions
The judgment about whether premises are hazardous is in Spectrum's sole discretion.
Data Access & Collection · Permission or license
Spectrum may record or monitor communications with the subscriber for quality, analytics and internal business uses
The subscriber consents to Spectrum recording or monitoring communications between the subscriber and Spectrum for quality assurance, analytics and internal business purposes.
Supporting quotations
Subscriber consents to Spectrum recording or monitoring communications between you and Spectrum for quality assurance, analytics and internal business purposes.
Qualifications & exceptions
The purposes are listed as quality assurance, analytics and internal business purposes.
Not stated here
The text does not say how long recordings are kept, who has access to them, or which communication channels are covered.
Use & Processing · Permission or license
Spectrum may contact the subscriber by automated or prerecorded calls, text or e-mail for non-promotional purposes
The subscriber agrees that Spectrum, or persons acting on its behalf, may contact the subscriber at any time using automated dialing technology, prerecorded or artificial voice message calls, text or e-mail to any landline or wireless phone number or e-mail address the subscriber provides. The contact must be for a non-promotional account, informational or Service-related purpose, such as collections and billing, appointment scheduling or confirmations, service alerts, security or network issues, or fraud violations.
Supporting quotations
Subscriber agrees that Spectrum (or persons acting on Spectrum’s behalf) may contact you at any time using automated dialing technology, prerecorded or artificial voice message calls, text or e-mail to any landline or wireless phone number or e-mail address that Subscriber provides to Spectrum 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.
Qualifications & exceptions
The consent is limited to non-promotional account, informational or Service-related purposes; the list of examples is non-exhaustive ("without limitation").
It covers phone numbers and e-mail addresses the subscriber provides to Spectrum.
Not stated here
The text does not say whether marketing contact is covered by a separate consent.
Use & Processing · Restriction or exception
The subscriber may not opt out of or revoke the consent to service communications, subject to law
Subject to any limitations under applicable law, the subscriber may not opt out of or revoke the consent to receive these communications. A later survival clause says Spectrum's right to contact the subscriber survives the end of the terms unless the subscriber opts out "in the manner described in these Terms of Service", which does not match this statement that no opt-out is allowed.
Supporting quotations
Subject to any limitations under applicable law, Subscriber may not opt-out of or revoke its consent to receive such communications.
Qualifications & exceptions
The restriction is subject to any limitations under applicable law.
Not stated here
The text does not describe any method of opting out, although the survival clause refers to one.
Account & Service Control · Restriction or exception
The subscriber cannot assign or transfer the terms, Services, Equipment or software without written authorization
These Terms of Service and the Services, Equipment and software supplied by Spectrum cannot be assigned or transferred by the subscriber without Spectrum's specific written authorization.
Supporting quotations
These Terms of Service and the Services, Equipment and software supplied by Spectrum are not assignable or transferable by Subscriber, without specific written authorization from Spectrum.
Qualifications & exceptions
Written authorization from Spectrum lifts the restriction.
Not stated here
The text states no limit on Spectrum's own right to assign the terms.
Charges & Financial Obligations · Company practice
Unless terminated, the terms renew month to month and all pricing is subject to change on renewal
Unless otherwise terminated, the Terms of Service automatically renew on a month-to-month basis. On renewal, all pricing is subject to change in accordance with the Terms of Service and as permitted under applicable law. The change mechanism is the one in the modification clause, under which Spectrum may modify the Services or the terms and gives at least 30 days' notice of material changes.
Supporting quotations
Unless otherwise terminated, these Terms of Service automatically renew on a month-to-month basis. Upon renewal, all pricing is subject to change in accordance with these Terms of Service and as permitted under applicable law.
Spectrum may modify the Services or these Terms of Service and will post any such changes on www.spectrum.com/policies.
Qualifications & exceptions
Price changes on renewal are limited to what the Terms of Service and applicable law permit.
Not stated here
The text does not say how much a price can change on renewal or whether a promotional price or term commitment is covered by a separate agreement.
Account & Service Control · Procedure
To end a recurring service, call or mail written notice; termination is effective after Spectrum receives it
To terminate any recurring Service, the subscriber must call 855-757-7328 or send a hardcopy written notice of termination to Spectrum at 2 Digital Place, Floor 4, Simpsonville, SC 29681. A subscriber-requested termination is effective after the date Spectrum receives the request. The saved text shows a stray drafting tag, "[Legal2.1]", after the mailing address.
Supporting quotations
To terminate any recurring Service, Subscriber must call 855-757-7328, or provide a hardcopy written notice of termination to Spectrum at 2 Digital Place, Floor 4, Simpsonville, SC 29681[Legal2.1].
Subscriber-requested termination will be effective after the date Spectrum receives such request.
Qualifications & exceptions
Termination is effective "after the date" Spectrum receives the request, not on that date.
The monthly subscription clause separately says the subscriber is charged for the next period unless cancelling on or before the last day of the current one.
Not stated here
The text does not say how long after receipt the termination takes effect or whether e-mail or online cancellation is accepted.
Account & Service Control · Company practice
Spectrum may terminate immediately if the subscriber becomes insolvent or bankrupt
Spectrum may terminate the Terms of Service immediately if the subscriber becomes insolvent or bankrupt, requests Chapter 13 reorganization, or is subject to a lawsuit related to its liquidation or insolvency, whether voluntary or involuntary.
Supporting quotations
Spectrum may terminate these Terms of Service immediately in the event Subscriber becomes insolvent or bankrupt (or requests Chapter 13 reorganization) or is subject to a lawsuit related to its liquidation or insolvency (whether voluntary or involuntary).
Qualifications & exceptions
The right is stated as immediate and covers voluntary and involuntary proceedings.
Not stated here
The text does not say whether bankruptcy law limits this right.
Account & Service Control · Company practice
Spectrum may terminate, reject or block service for any reason, including six listed grounds
Spectrum may terminate the Terms of Service and remove any Equipment, or reject an application or block access to or use of Service, for any reason including, but not limited to, six listed grounds: (i) the subscriber violates the terms, including associated rates, rules or policies of Spectrum, as solely determined by Spectrum; (ii) incorrect, absent or incomplete application or registration information; (iii) misuse or illegal activity using any Service or Equipment; (iv) threats or harassment of any Spectrum employee, agent, contractor or representative; (v) the subscriber's Payment Method fails to compensate Spectrum; or (vi) the technical support required for the subscriber is excessive as determined in Spectrum's sole discretion.
Supporting quotations
Spectrum may terminate these Terms of Service and remove any Equipment or Spectrum may reject an application or block access to or use of Service for any reason including, but not limited to, if:
i. Subscriber violates these Terms of Service, including any associated rates, rules or policies of Spectrum, as solely determined by Spectrum; ii. Subscriber provides incorrect, absent or incomplete application or registration information; iii. Subscriber engages in any misuse or illegal activity using any Service or Equipment; iv. Subscriber threatened or harassed any Spectrum employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.); v. Subscriber's Payment Method fails to compensate Spectrum; or vi. The amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of Spectrum.
Qualifications & exceptions
The grounds are examples ("including, but not limited to"), so Spectrum's right is not confined to the list.
Whether the terms were violated, and whether technical support is excessive, is decided by Spectrum alone.
Not stated here
The list item text begins with a stray character in the saved copy ("p>" before "i.").
Legal Rights & Agreement Rules · Restriction or exception
Spectrum has no liability to the subscriber for terminating for bankruptcy or breach
If the terms are terminated for the bankruptcy or breach reasons above, Spectrum has no liability to the subscriber. Spectrum's failure to remove Equipment on termination is not abandonment of it.
Supporting quotations
Subscriber agrees that in the event of termination pursuant to subsections (b) or (c), Spectrum shall have no liability to Subscriber. Failure of Spectrum to remove Equipment upon termination shall not be deemed abandonment thereof.
Qualifications & exceptions
The exclusion refers to termination under subsections (b) (bankruptcy) and (c) (breach).
Not stated here
The text does not say whether the exclusion covers refunds of amounts prepaid before termination.
Retention & Deletion · Permission or license
Spectrum is authorized to delete files, programs, data and e-mail associated with a terminated account
Spectrum is authorized to delete any files, programs, data and e-mail messages associated with any terminated account. The sentence sits in the paragraph about termination for bankruptcy or breach, but it says "any terminated account", and a later clause also tells the subscriber to retrieve their own e-mail, voice mail and online backup material.
Supporting quotations
Spectrum is authorized to delete any files, programs, data and email messages associated with any terminated account.
Qualifications & exceptions
The text says "any terminated account" without limiting it to terminations for bankruptcy or breach.
Not stated here
The text does not say how long Spectrum keeps the data after termination or whether notice is given before deletion.
Charges & Financial Obligations · Restriction or exception
The subscriber pays reasonable collection and attorney's fees if Spectrum must enforce collection or protect its rights
The subscriber must pay reasonable collection and attorney's fees to Spectrum if Spectrum must enforce collection or preserve and protect its rights under the Terms of Service.
Supporting quotations
Subscriber shall pay reasonable collection and attorney's fees to Spectrum if Spectrum must enforce collection or preserve and protect its rights under these Terms of Service.
Qualifications & exceptions
The fees are described as "reasonable" and run only one way, from the subscriber to Spectrum.
Not stated here
The text does not say who decides what is reasonable.
Charges & Financial Obligations · Restriction or exception
On termination the subscriber stops using the Services and pays in full through the end of the current monthly period
On termination, the subscriber will cease use of the terminated Services and pay Spectrum in full for Services and Equipment through the end of the then-current monthly subscription service period. This matches the monthly subscription rule that the full monthly charge applies without proration.
Supporting quotations
Subscriber agrees that upon termination of these Terms of Service:
Subscriber will cease use of any Services terminated and pay Spectrum in full for Services and Equipment through the end of the then-current monthly subscription service period.
Charges & Financial Obligations · Restriction or exception
Equipment not returned within 10 days of termination is charged under Spectrum's schedule
On termination the subscriber will promptly return all Equipment to Spectrum. If any Equipment is not returned within ten days of termination, the subscriber is liable to Spectrum under Spectrum's then-current schedule of charges for non-returned Equipment.
Supporting quotations
Subscriber will promptly return all Equipment to Spectrum. If Subscriber fails to return any Equipment within ten (10) days of termination, Subscriber shall be liable to Spectrum in accordance with Spectrum's then current schedule of charges for non-returned Equipment.
Qualifications & exceptions
The liability applies if the Equipment is not returned within ten days of termination.
The amount follows Spectrum's schedule in effect at that time.
Not stated here
The schedule of charges for non-returned Equipment is not part of the saved text.
Content & IP Rights · Restriction or exception
On termination the subscriber must return or destroy all copies of licensed software
On termination the subscriber will return or destroy all copies of any Licensed Software provided under the Terms of Service.
Supporting quotations
Subscriber will return or destroy all copies of any Licensed Software provided pursuant to these Terms of Service.
Retention & Deletion · Company practice
The subscriber is responsible for storing or retrieving e-mail, voice mail and online backup material they want to keep
After termination, the subscriber is responsible for storing or retrieving any e-mails, voice mail messages and material stored in Spectrum's online backup service, or other information the subscriber wishes to retain. Combined with Spectrum's authorization to delete data associated with a terminated account, this means material left in Spectrum's services may not be available later.
Supporting quotations
Subscriber is responsible for storing or retrieving any emails, voice mail messages, and material stored in Spectrum’s online backup service, or other information you wish to retain after termination of Service.
Spectrum is authorized to delete any files, programs, data and email messages associated with any terminated account.
Not stated here
The text does not say how long the subscriber has to retrieve material after termination.
Account & Service Control · Company practice
Spectrum may refuse, suspend or terminate service to any person at any time for any reason not prohibited by law
Spectrum reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. Spectrum will provide any prior notice of suspension or termination that is required by law.
Supporting quotations
Spectrum reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. Spectrum will provide any prior notice of suspension or termination that is required by law.
Qualifications & exceptions
The only stated limit is that the reason must not be prohibited by law.
Prior notice is given only where the law requires it.
Legal Rights & Agreement Rules · Company practice
Spectrum may seek compensation for breach in arbitration, or in court if opted out or seeking an order
If the subscriber breaches the terms, Spectrum has the right to seek compensation for the breach through arbitration, or in court if the subscriber has opted out of the arbitration provision or Spectrum is seeking an order requiring the subscriber to do or refrain from doing something. This sits alongside the arbitration section, which lists its own exclusions.
Supporting quotations
If Subscriber breaches these Terms of Service, Spectrum 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.
Qualifications & exceptions
Court is available to Spectrum where the subscriber opted out or Spectrum seeks an order requiring or forbidding an action.
Not stated here
The arbitration section limits injunctive relief to an arbitrator's individual award; how that interacts with Spectrum going to court for an order is not stated here.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber must indemnify, defend and release Spectrum from claims about the relationship, Services or breach
If any person or entity brings a claim against Spectrum that arises out of the subscriber's relationship with Spectrum, the Services provided to the subscriber, the Terms of Service, or the subscriber's breach or failure to comply, the subscriber will indemnify, defend (at Spectrum's exclusive election) and release Spectrum, and reimburse Spectrum's losses including reasonable attorneys' fees and costs. This covers any dispute, whether in contract, tort (for example negligence or product liability), violation of law or regulation, or any other legal theory. A separate indemnification section lists further subjects.
Supporting quotations
Additionally, if any person or entity brings a claim against Spectrum that arises out of Subscriber's relationship with Spectrum, the Services provided to Subscriber, the Terms of Service, or Subscriber's breach thereof or failure to comply therewith, Subscriber will indemnify, defend (at Spectrum's exclusive election), and release Spectrum from and against liability and reimburse Spectrum for any losses that Spectrum 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.
Qualifications & exceptions
The defense is provided "at Spectrum's exclusive election".
The trigger is a claim by any person or entity that arises out of the subscriber's relationship with Spectrum, the Services, the terms, or a breach; fault by Spectrum is not mentioned in this clause.
Not stated here
The text does not say whether the duty applies when Spectrum itself caused the harm; the separate indemnification section excludes damages caused by Spectrum Indemnitees' gross negligence or willful misconduct.
Charges & Financial Obligations · Company practice
Spectrum may require or raise a security deposit based on credit information, on terms that may be less favorable
Based on information from credit reporting agencies, credit information the subscriber furnishes, or internal credit information, and Spectrum's assessment of the risk, Spectrum may require a security deposit or an increase in one. The terms offered may be less favorable than those offered to consumers with better credit histories, and the amount can vary. Any initial deposit for the Equipment or Service is due on the first monthly billing statement.
Supporting quotations
Based on information we receive from credit reporting agencies, credit information you furnish, or internal credit information, and our assessment of risk associated with that information, Spectrum may require a security deposit or an increase in a security deposit.
The terms offered to you may be less favorable than the terms offered to consumers who have better credit histories and the amount of deposit may vary. Any initial security deposit required of Subscriber for the Equipment or Spectrum's Service will be due and payable upon the first monthly billing statement.
Qualifications & exceptions
The decision rests on credit information and Spectrum's own risk assessment.
Not stated here
The amount of a deposit or how it is calculated is not stated.
Charges & Financial Obligations · Company commitment
Deposits are returned within 60 days of termination if paid up and equipment returned undamaged; no interest
Security deposits are returned within sixty days of termination of Spectrum's Service so long as payment has been made for all amounts due on the account and the subscriber has returned the Equipment undamaged. While Spectrum holds a deposit it may apply the deposited amount against any outstanding balance or refund it. No interest is paid on deposits except where applicable law requires.
Supporting quotations
Such security deposits will be returned to Subscriber within sixty (60) days of termination of Spectrum'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 Spectrum is holding a deposit on Subscriber's account, Spectrum has the right to apply the deposited amount against any outstanding balance or to refund the deposit. Except if required by applicable law, no interest will be paid on deposits
Qualifications & exceptions
Return within 60 days depends on all amounts being paid and the Equipment being returned undamaged.
Interest is paid only if applicable law requires it.
Not stated here
The text does not say what happens to a deposit when amounts remain due, other than that Spectrum may apply it to the balance.
Charges & Financial Obligations · Company practice
Advance payment equal to the installation charge plus one month of recurring charges may be required
Spectrum may require advance payment when specific Service offer conditions call for it, or when subscribers are unable or unwilling to establish creditworthiness or have an unsatisfactory credit rating. The advance payment equals the applicable installation charge plus one month of recurring charges, excluding taxes, fees and surcharges. It appears as a credit and is applied to the first monthly bill.
Supporting quotations
Advance payment may be required when specific Service offer conditions require it, Subscribers are unable or unwilling 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.
Qualifications & exceptions
The amount is the installation charge plus one month of recurring charges, excluding taxes, fees and surcharges.
It is applied as a credit to the first monthly bill.
Not stated here
The text does not say how an unsatisfactory credit rating is determined.
Charges & Financial Obligations · Company practice
A late fee may be added to a past due balance; it is not treated as interest or a penalty
If the account is past due and payment has not been received by the due date on the billing statement, the subscriber may be charged a late fee in addition to the past due balance. If the account then remains unpaid, Services may be suspended or disconnected. The text states that any late fees assessed are not considered interest, credit service charges, finance charges or penalties.
Supporting quotations
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 a late fee in addition to Subscriber's past due balance. If Subscriber's account thereafter remains unpaid, Subscriber's Services may be suspended or disconnected.
Any late fees assessed are not considered interest, credit service charges, finance charges or penalties.
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.
Qualifications & exceptions
The late fee and suspension are stated as things that "may" happen.
Not stated here
The amount of the late fee is not stated in the text.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum disclaims liability for programs, content, information and products promoted or bought through the Services
Spectrum assumes no liability for any program, services, content or information distributed on or through the Services and expressly disclaims responsibility or liability for the subscriber's use of them. Spectrum also says it is not responsible for products, merchandise or prizes promoted or purchased through use of the Services.
Supporting quotations
Spectrum assumes no liability for any program, services, content or information distributed on or through the Services and Spectrum expressly disclaims any responsibility or liability for Subscriber's use thereof.
Further, Spectrum shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
Inference & Profiling · Company practice
Spectrum may use credit reports and payment history to decide on service, deposits and advance payments
Spectrum may rely on credit bureau reports, other data available from commercial credit reference services, credit information the subscriber furnishes, or internal credit information and payment history to determine whether to provide Services, whether to continue providing them, and whether a deposit or advance payment is required.
Supporting quotations
Spectrum may rely on credit bureau reports, other data available from commercial credit reference services, any credit information you furnish, or internal credit information and payment history to determine whether or not to provide Services to you, to continue to provide Services to you, or whether or not a deposit or advance payment is required.
Qualifications & exceptions
The decisions listed are whether to provide Services, whether to continue them, and whether a deposit or advance payment is required.
Not stated here
The text does not say how credit information is weighed or that the subscriber will be told which report was used.
Sharing & Disclosure · Permission or license
The subscriber authorizes Spectrum to obtain a credit report, file it, and disclose it to third parties
The subscriber authorizes Spectrum to make inquiries about the subscriber's credit experiences and to receive information from others, including the subscriber's credit report, to enter that information in the subscriber's file, and to disclose information about the subscriber to appropriate third parties for reasonable business purposes.
Supporting quotations
Subscriber authorizes Spectrum 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.
Qualifications & exceptions
Disclosure is to "appropriate third parties" for "reasonable business purposes"; both phrases are undefined.
Not stated here
The text does not name the third parties or say whether the credit information is kept after the account ends.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber must defend and indemnify Spectrum for losses from use, breach, negligence and content
The subscriber agrees to defend, indemnify and hold harmless Spectrum, including its officers, directors, employees, affiliates, subsidiaries and authorized agents (the Spectrum Indemnitees), from demands, claims, suits, judgments, expenses (including reasonable attorney or witness fees), loss, damage to or destruction of property, bodily injury or death, and other liabilities arising from: the subscriber's use, or other users' use, of Spectrum Services or Equipment; violation of the Terms of Service; the negligence, willful misconduct, violation of a third party's rights, or failure to comply with applicable law by the subscriber or any other person using the Services; and any content displayed, distributed or disseminated from use of the Services by the subscriber or anyone else using them. In practice, the obligation reaches things done by other people using the subscriber's service.
Supporting quotations
Subscriber agrees to defend, indemnify, and hold Spectrum, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, "Spectrum 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:
a. Subscriber’s use, or other users’ use, of Spectrum Services and/or Equipment;
b. Violation of Spectrum's Terms of Service;
c. The negligence, willful misconduct, violation of a third party's rights, or failure to comply with applicable law by Subscriber or any other person using the Services provided to Subscriber;
d. Any content displayed, distributed, or otherwise disseminated from any use of the Services by Subscriber or any other person using the Services provided to Subscriber;
Qualifications & exceptions
The obligation covers use by "other users" and by "any other person using the Services provided to Subscriber", not only the subscriber.
The indemnitees include Spectrum's officers, directors, employees, affiliates, subsidiaries and authorized agents.
Not stated here
The list continues in the following sub-clauses, and the exclusion in the last sub-clause is carded separately.
Content & IP Rights · Restriction or exception
The indemnity covers IP infringement, including from combining the service with other equipment
The subscriber's indemnity also covers infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret or other intellectual property right, including any software (whether by transmission or material or otherwise), by the subscriber or any other person using the subscriber's Services. It includes infringement that results from combining the subscriber's use of a Service with facilities, equipment or services provided or used by the subscriber or obtained from third parties. The saved text shows a stray drafting tag, "[Legal5.1]", in this sub-clause.
Supporting quotations
e. Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights[Legal5.1], including any software (whether by transmission or material or otherwise) by Subscriber or 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;
Qualifications & exceptions
The sub-clause covers infringement by the subscriber or any other person using the subscriber's Services.
Legal Rights & Agreement Rules · Restriction or exception
The indemnity covers unauthorized, unlawful or fraudulent use of the Services, unless the law provides otherwise
The subscriber's indemnity also covers losses arising from unauthorized, unlawful or fraudulent use, or misuse of or access to, the Services, except as otherwise provided by applicable law.
Supporting quotations
f. unauthorized, unlawful, or fraudulent use, or misuse, of or access to the Services, except as otherwise provided by applicable law; and
Qualifications & exceptions
The sub-clause is subject to "except as otherwise provided by applicable law".
Not stated here
The text does not say whether this covers use by someone who obtained access without the subscriber's fault.
Legal Rights & Agreement Rules · Restriction or exception
The indemnity covers privacy claims linked to 911 or E911 features and voice services
The subscriber's indemnity also covers any infringement or invasion of any person's right of privacy caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition or use of 911 or E-911 service features and associated equipment, or by use of any Voice Services Spectrum furnishes in connection with 911 or E-911 service. This includes the telephone number, address or name associated with the telephone used to access 911 or E-911, and anything arising from the negligence or other wrongful act of the subscriber or any other person using the Services.
Supporting quotations
g. Any infringement or invasion of the right of privacy[Legal6.1] 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 Spectrum 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 Subscriber or any other person using the Services provided to Subscriber.
Qualifications & exceptions
The sub-clause covers privacy claims that are "claimed" as well as proven, and causes that are direct or indirect.
The saved text shows a stray drafting tag, "[Legal6.1]", in the sentence.
Not stated here
The text does not say which Spectrum services include voice or 911 features.
Legal Rights & Agreement Rules · Restriction or exception
The indemnity excludes damages to the extent caused by Spectrum Indemnitees' gross negligence or willful misconduct
The defense and indemnity obligations exclude damages to the extent they are caused by the gross negligence or willful misconduct of the Spectrum Indemnitees. In this section this is the stated carve-out from the indemnity; it names gross negligence and willful misconduct and does not mention ordinary negligence.
Supporting quotations
h. The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the Spectrum Indemnitees.
Qualifications & exceptions
The exclusion applies "to the extent" the damages are caused by gross negligence or willful misconduct.
Not stated here
Whether other limits in the agreement restrict the indemnity for Spectrum's ordinary negligence is not stated in this sub-clause.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not liable for loss of services, and the subscriber agrees not to make claims for it
The subscriber agrees that the Spectrum Indemnitees are not liable for any damages or liability resulting from the loss of Services, and that the subscriber will not make claims or take actions against them for loss of Service.
Supporting quotations
Subscriber agrees that Spectrum Indemnitees are not liable for any damages or liability resulting from the loss of Services, nor will Subscriber make any claims or undertake any actions against Spectrum Indemnitees for loss of Service.
Qualifications & exceptions
The sub-clause is written without an exception for the cause of the loss.
Not stated here
The text does not say how this interacts with any outage credit Spectrum may give where applicable law requires it.
Charges & Financial Obligations · Restriction or exception
The subscriber is solely responsible for damage to or loss of Spectrum Equipment unless Spectrum alone caused it
The subscriber is solely responsible for any damage to or loss of Spectrum Equipment, unless the damage or loss is caused solely by the negligence or willful misconduct of the Spectrum Indemnitees.
Supporting quotations
Subscriber shall be solely responsible for any damage to or loss of Spectrum Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of Spectrum Indemnitees.
Qualifications & exceptions
Responsibility shifts to Spectrum only where the Indemnitees' negligence or willful misconduct is the sole cause.
Not stated here
The text does not say how causes are assessed when both parties contributed.
Legal Rights & Agreement Rules · Restriction or exception
The limitation of liability covers all claims, including 911 failures, and protects Spectrum's providers and suppliers
A capitalized sub-clause says the limitation of liability in this section applies to all acts, omissions and negligence, any failure of the Services (including 911/E911 service), Equipment or Licensed Software, or any other claim in connection with the Services, Equipment, Licensed Software or the Terms of Service, of Spectrum and its third-party service providers, agents and suppliers, and each of their officers, employees, agents, contractors or representatives. The specific limits follow in the sub-clauses, including a one-year deadline to bring a claim.
Supporting quotations
a. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLIES TO ALL ACTS, OMISSIONS AND NEGLIGENCE, ANY FAILURE OF THE SERVICES (INCLUDING 911/E911 SERVICE), EQUIPMENT, OR LICENSED SOFTWARE, OR ANY OTHER CLAIM IN CONNECTION WITH THE SERVICES, EQUIPMENT, LICENSED SOFTWARE OR THESE TERMS OF SERVICE, OF SPECTRUM AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).
EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ANY CLAIM YOU MAY HAVE AGAINST SPECTRUM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES.
Qualifications & exceptions
The clause applies to Spectrum and to its third-party service providers, agents and suppliers, and to their officers, employees, agents, contractors and representatives.
It expressly includes failure of 911/E911 service.
Not stated here
The specific limits (time bar, damages exclusions, caps) are in the following sub-clauses; this sub-clause only sets the scope.
Legal Rights & Agreement Rules · Restriction or exception
Any claim against Spectrum must be started within one year after it arises, or it is barred
Except as otherwise required under applicable law, any claim the subscriber may have against Spectrum must be commenced within one year after the claim arises. If the subscriber does not bring a claim within that period, the subscriber is barred from bringing it and Spectrum has no liability for it. The wording refers to claims "you" may have against Spectrum, and the top-of-page notice describes this as a limit on bringing claims more than one year after the relevant events. The saved text shows a stray drafting tag, "[Legal7.1]", in the heading of the sub-clause.
Supporting quotations
EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ANY CLAIM YOU MAY HAVE AGAINST SPECTRUM 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 SPECTRUM WILL HAVE NO LIABILITY WITH RESPECT TO SUCH CLAIM.
Qualifications & exceptions
The one-year limit applies except as otherwise required under applicable law.
The sub-clause covers claims the subscriber may have against Spectrum; it does not state a matching time limit for Spectrum's claims.
Not stated here
The text does not say what "commenced" means (for example, filing a demand for arbitration) or whether the period is paused while the parties exchange the pre-arbitration notice.
Legal Rights & Agreement Rules · Restriction or exception
No liability for indirect, special, consequential, punitive or exemplary damages, including for stored files or data
To the fullest extent permitted by applicable law, Spectrum is under no circumstances liable to the subscriber for indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with the Service (including 911/E911 service), Equipment, Licensed Software, or content (including any stored files or data), or any acts or omissions associated with them. This includes acts or omissions of third-party service providers, manufacturers of Subscriber Purchased Devices or Conveyed Devices, agents or subcontractors of Spectrum. It applies whether the claim is based on breach of warranty, contract, tort or any other legal theory, regardless of the causes and even if another remedy fails. The limitation section's scope statement extends it to Spectrum's providers and suppliers.
Supporting quotations
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SPECTRUM BE LIABLE TO SUBSCRIBER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING 911/E911 SERVICE), EQUIPMENT, LICENSED SOFTWARE, OR CONTENT (INCLUDING ANY STORED FILES OR DATA) OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH
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.
OF SPECTRUM AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES)
Qualifications & exceptions
The exclusion applies "to the fullest extent permitted under applicable law".
It covers loss of stored files or data and acts or omissions of third parties, manufacturers, agents and subcontractors.
Not stated here
The text does not say whether direct damages, which are not excluded here, are limited by the cap in the later paragraph.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum disclaims liability for property damage or injury from installation, use, support or directory errors
A capitalized paragraph says that under no circumstances will Spectrum be liable for damage to property or injury to any person arising from the installation, maintenance or removal of the Service, Equipment or Licensed Software; from use of the Services (including 911/E911 service) or any content in them; from support for the Services; or from inclusion, omission or error relating to information about the subscriber in any published or electronic directory Spectrum may offer. This paragraph does not itself contain the "to the fullest extent permitted" wording found in neighboring paragraphs.
Supporting quotations
UNDER NO CIRCUMSTANCES WILL SPECTRUM BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF THE SERVICE, EQUIPMENT, OR LICENSED SOFTWARE, FROM USE OF SERVICES (INCLUDING 911/E911 SERVICE) OR ANY CONTENT CONTAINED THEREIN, FROM SUPPORT FOR THE SERVICES, OR FROM INCLUSION, OMISSION, OR ERROR RELATING TO INFORMATION ABOUT YOU IN ANY PUBLISHED OR ELECTRONIC DIRECTORY WE MAY OFFER.
Qualifications & exceptions
The paragraph covers injury to any person and damage to property, and 911/E911 service is named.
Not stated here
The paragraph does not itself say whether applicable law can limit the exclusion; the agreement's other paragraphs mention applicable law in several places.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber's exclusive remedy is to terminate the service or get defective equipment repaired or replaced
To the fullest extent permitted by applicable law, Spectrum's entire liability and the customer's exclusive remedy for the use of the Services, or for any breach by Spectrum of its obligations under the terms or applicable law, is the customer's ability to terminate the Service or to obtain replacement or repair of any defective Equipment Spectrum provided. In jurisdictions that do not permit excluding certain warranties or limiting or excluding consequential or incidental damages, Spectrum's liability is limited to the maximum extent permitted by law.
Supporting quotations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPECTRUM'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY SPECTRUM OF ANY OBLIGATION SPECTRUM 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 SPECTRUM.
IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SPECTRUM’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Qualifications & exceptions
The exclusive remedy applies to the extent permitted by applicable law.
The remedy is stated as the customer's "ability" to terminate or to obtain repair or replacement of defective Equipment.
Not stated here
The text uses both "Subscriber" and "Customer" and does not define "Customer"; it appears to mean the subscriber.
The equipment liability paragraph earlier states a different sole remedy, a refund of the previous billing cycle's Equipment fees; the text does not reconcile the two.
Charges & Financial Obligations · Restriction or exception
Spectrum's liability for any claim is capped at the amount the customer paid in the preceding 30 days
In no event will Spectrum's liability to the customer for any claim arising out of the Terms of Service exceed the amount the customer paid during the preceding thirty-day period. In practice, the cap is about one month of payments, regardless of the size of the loss.
Supporting quotations
IN NO EVENT SHALL SPECTRUM'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.
Qualifications & exceptions
The cap is measured by what the customer paid in the preceding 30-day period.
Not stated here
The text does not say which 30 days are meant for a claim that arises over a longer period, or whether the cap applies per claim or in total.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber may not bring any claim that results in whole or part from their own failure to comply with the terms
The subscriber agrees it cannot bring any claim whatsoever against Spectrum that results in whole or in part from the subscriber's own failure to comply with the Terms of Service.
Supporting quotations
SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST SPECTRUM THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER'S FAILURE TO COMPLY WITH THESE TERMS OF SERVICE.
Qualifications & exceptions
The bar applies where the claim results "in whole or in part" from the subscriber's own non-compliance.
Not stated here
The text does not say who decides whether the subscriber failed to comply.
Legal Rights & Agreement Rules · Context
The limitation of liability section survives termination of the terms
The limitation of liability section survives the termination of the Terms of Service.
Supporting quotations
THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.
Data Access & Collection · Company commitment
Spectrum gives the Privacy Policy at signup and annually, and posts changes with an effective date
Spectrum will provide its Privacy Policy when the subscriber obtains Service and annually afterwards, or as required by law. The current version can be viewed at www.spectrum.com/privacy. The Privacy Policy describes how Spectrum may from time to time collect, use and disclose information about the subscriber, including choices about Customer Proprietary Network Information, cookies and location information, and other policies and rights concerning use of the Services. Changes in Services or the law may lead Spectrum to change the Privacy Policy, and Spectrum will post changes at www.spectrum.com/privacy with the effective date.
Supporting quotations
Spectrum will provide you with its Privacy Policy upon obtaining Service, and annually afterwards, or as required by law. You may view the most current version of our Privacy Policy at www.spectrum.com/privacy.
The Privacy Policy describes how Spectrum may from time to time collect, use and disclose information about you and includes information as to your choices concerning the use of Customer Proprietary Network Information, use of cookies, use of location information, and other policies and rights concerning your use of Services.
Spectrum will post any changes at www.spectrum.com/privacy, along with the effective date of the changes.
Qualifications & exceptions
The annual provision is "or as required by law".
Not stated here
The Privacy Policy is incorporated by reference but is not part of this saved text, so what it says about collection, use, disclosure, cookies and location is not analyzed here.
Data Access & Collection · Permission or license
The subscriber agrees Spectrum may collect and disclose their information as set out in the terms and Privacy Policy
The subscriber agrees that Spectrum may collect and disclose information concerning the subscriber and their use of the Service in the manner and for the purposes set forth in the Terms of Service and in Spectrum's Privacy Policy. In practice, the specific data practices are found in the Privacy Policy, which is incorporated by reference but not supplied in this text.
Supporting quotations
You agree that Spectrum may collect and disclose information concerning you and your use of Service in the manner and for the purposes set forth herein and in Spectrum's Privacy Policy.
Qualifications & exceptions
The agreement is tied to the manner and purposes "set forth herein and in Spectrum's Privacy Policy".
Not stated here
This text does not itself list the information collected, the recipients or the purposes; those would be in the Privacy Policy, which is not supplied.
Security & Safeguards · Restriction or exception
If someone else gets the subscriber's account access information without Spectrum's fault, use is presumed authorized
The subscriber is responsible for protecting the information needed to access or change the account, such as passwords, PINs and secret answers to security questions. If someone else acquires that information through no fault of Spectrum, Spectrum presumes the subscriber authorized that use of the information and access to the account. This includes charges related to account transactions, added services, content purchases and access to programming such as pay-per-view that are billed to the subscriber.
Supporting quotations
You are responsible for protecting the information required to access or make modifications to your account (for example, passwords, PINs, secret answers to security questions, etc.).
If someone else acquires this information (through no fault of Spectrum), we will presume that you have authorized that use of the information and access to your account, including any charges related to account transactions, added services, the purchase of content, and/or access to programming, such as pay-per-view, for which you will be billed.
Qualifications & exceptions
The presumption applies where the information is acquired "through no fault of Spectrum".
Not stated here
The text does not say how a subscriber can rebut the presumption or whether it applies after the subscriber reports a compromise.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber bears the privacy and security risks of giving personal information to third parties via the Service
The subscriber is responsible for all privacy, security and other risks associated with providing personally identifiable information to third parties via the Service.
Supporting quotations
You are also responsible for all privacy, security and other risks associated with providing personally identifiable information to third parties via the Service.
Not stated here
The text does not name the third parties or say whether Spectrum's own handling of that information is covered by the Privacy Policy.
Legal Rights & Agreement Rules · Context
The arbitration section tells the subscriber to read carefully because it requires arbitration and limits remedies
The arbitration section opens by saying its provisions are important to the agreement between the subscriber and Spectrum regarding the Services, urges the subscriber to read them carefully, and says the Terms of Service require arbitration to resolve disputes and otherwise limit the remedies available to the subscriber in a dispute.
Supporting quotations
ARBITRATION. The following provisions are important with respect to the agreement between Subscriber and Spectrum regarding Spectrum's Services memorialized by these Terms of Service.
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.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum and the subscriber agree to arbitrate all disputes about the terms, Services, Equipment, software or marketing
Spectrum and the subscriber agree to arbitrate all disputes and claims arising out of or relating to the Terms of Service, the Services, the Equipment, Licensed Software, or marketing of the Services the subscriber has received from Spectrum. The agreement is subject to the exclusions later in the arbitration section and to the subscriber's right to opt out within 30 days.
Supporting quotations
Spectrum and Subscriber agree to arbitrate all disputes and claims arising out of or relating to these Terms of Service, the Services, the Equipment, Licensed Software, or marketing of the Services Subscriber has received from Spectrum.
Qualifications & exceptions
The scope covers disputes about the terms, the Services, Equipment, Licensed Software and marketing the subscriber has received from Spectrum.
The scope is limited by the small claims allowance and the later exclusions, and by the opt-out right.
Not stated here
The text does not say whether disputes with Spectrum's affiliates or retained third parties are covered, although "Spectrum" is defined to include them.
Legal Rights & Agreement Rules · User right or choice
Either party may bring an individual action on any matter in small claims court
Notwithstanding the agreement to arbitrate, either Spectrum or the subscriber may bring an individual action on any matter or subject in small claims court. The later exclusions repeat this for individual actions within the jurisdiction of a court limited to small claims.
Supporting quotations
Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.
Qualifications & exceptions
The allowance is for an individual action, not a class or mass action.
Not stated here
The text does not set a dollar limit; small claims courts set their own limits.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions
The terms state that they memorialize a transaction in interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.
Supporting quotations
THESE TERMS OF SERVICE MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
Qualifications & exceptions
The statement applies to the arbitration provisions.
Not stated here
The text does not say what law governs the rest of the terms.
Legal Rights & Agreement Rules · Procedure
A written Notice of Intent to Arbitrate comes first; arbitration may start if unresolved after 30 days
A party who intends to seek arbitration must first send the other a written Notice of Intent to Arbitrate. A notice to Spectrum goes to the Arbitration Notice Address: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131. The notice must describe the nature and basis of the claim or dispute and set out the specific relief sought. If the parties do not reach an agreement to resolve the claim within 30 days after the notice is received, either may commence an arbitration proceeding.
Supporting quotations
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 Spectrum should be addressed to: VP and Associate General Counsel, Litigation, 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. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, Subscriber or Spectrum may commence an arbitration proceeding under these Terms of Service.
Qualifications & exceptions
Arbitration may be commenced only after the written notice and a 30-day period without agreement.
The notice must describe the nature and basis of the claim and the specific relief sought.
Not stated here
The text gives only a mailing address for the notice to Spectrum and does not say whether other delivery methods are accepted.
The text does not address the notice address for a notice from Spectrum to the subscriber.
Legal Rights & Agreement Rules · Procedure
Arbitration follows the AAA Consumer Arbitration Rules as modified by the terms and is administered by the AAA
The arbitration is governed by the American Arbitration Association's Consumer Arbitration Rules (the AAA Rules), as modified by the Terms of Service, and is administered by the AAA. 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. The saved text shows a stray drafting tag, "[Legal10.1]", in the sentence.
Supporting quotations
The arbitration shall be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"),[Legal10.1] as modified by these Terms of Service, and the arbitration shall be administered by the AAA.
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.
Qualifications & exceptions
The AAA Rules apply "as modified by these Terms of Service", so the terms can override the AAA Rules.
Not stated here
The AAA Rules themselves are not part of the saved text, and the text does not list which rules the terms modify.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator alone decides interpretation, scope and enforceability of the arbitration provisions and terms
The arbitrator has the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope or enforceability of the arbitration provisions and of the Terms of Service. A disagreement over whether a dispute must be arbitrated is therefore, under this wording, for the arbitrator rather than a court, subject to the small claims and other exclusions stated elsewhere.
Supporting quotations
The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, or enforceability of these arbitration provisions and these Terms of Service.
Qualifications & exceptions
The authority covers both the arbitration provisions and the Terms of Service as a whole.
Not stated here
The text does not say how this interacts with the class waiver paragraph, which says the entire arbitration provision is void if that paragraph is found unenforceable.
Charges & Financial Obligations · Company commitment
Spectrum pays AAA filing and arbitrator fees required by the AAA Rules or by law for enforceability
Spectrum bears the cost of any arbitration filing fees and arbitrator's fees required by the AAA Rules, or otherwise to the extent required under applicable law to render the arbitration provisions enforceable. The text does not say who pays other costs, such as each side's own lawyers or witnesses.
Supporting quotations
SPECTRUM SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR'S FEES REQUIRED BY THE AAA RULES OR OTHERWISE TO THE EXTENT REQUIRED UNDER APPLICABLE LAW TO RENDER THESE ARBITRATION PROVISIONS ENFORCEABLE.
Qualifications & exceptions
Spectrum pays the fees required by the AAA Rules, or otherwise to the extent required under applicable law for enforceability.
Not stated here
The text does not say whether the subscriber pays any portion of the fees where neither the AAA Rules nor applicable law requires Spectrum to pay them.
Legal Rights & Agreement Rules · Procedure
An award over $75,000 can be appealed to a three-arbitrator AAA panel within 30 days
If the arbitrator's award exceeds $75,000, either party may appeal it to a three-arbitrator panel administered by the AAA and selected under the AAA Rules, by filing a written notice of appeal within 30 days after the award is entered. The appealing party must give the other party a copy of the appeal at the same time as it submits the notice to the AAA. The panel must decide within 120 days of the notice of appeal, and its decision is final and binding, except for any appellate right that exists under the Federal Arbitration Act.
Supporting quotations
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 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.
Qualifications & exceptions
The appeal right applies only where the award exceeds $75,000.
The notice of appeal is due within 30 days after the award is entered.
Not stated here
The text does not say who bears the cost of the appeal panel.
Legal Rights & Agreement Rules · Procedure
The parties may agree that arbitration proceeds on documents only, by telephone, or in person
The parties may agree that the arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, by telephonic hearing, or by in-person hearing as established by the AAA rules.
Supporting quotations
The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.
Qualifications & exceptions
The choice among these formats depends on agreement by the parties.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber and Spectrum waive the right to a trial by judge or jury
By entering into the agreement, the subscriber and Spectrum waive the right to a trial by judge or jury. Later paragraphs repeat the jury waiver and say it remains even if the subscriber opts out of the arbitration provisions.
Supporting quotations
SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.
Qualifications & exceptions
The waiver is made by entering into the agreement.
Legal Rights & Agreement Rules · Procedure
Arbitration hearings are held in the county or parish of the subscriber's billing address unless agreed otherwise
Unless Spectrum and the subscriber agree otherwise in writing, all hearings in the arbitration take place in the county (or parish) of the subscriber's billing address.
Supporting quotations
Unless Spectrum and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of Subscriber's billing address.
Qualifications & exceptions
A different location requires a written agreement between Spectrum and the subscriber.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator may award injunctive relief only for the party's individual claim and must give effect to the terms
To the fullest extent permitted under applicable law, the arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by that individual's claim. The parties agree the arbitrator must give effect to the terms of the Terms of Service.
Supporting quotations
To the fullest extent permitted under applicable law, the arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual's claim.
The parties agree that the arbitrator must give effect to the terms of these Terms of Service.
Qualifications & exceptions
The limit on injunctive relief applies to the fullest extent permitted under applicable law.
Not stated here
The text does not say how the limit applies to a request that would benefit other subscribers.
Legal Rights & Agreement Rules · Restriction or exception
Claims may only be brought individually: class, collective, representative, consolidated and mass actions are waived
A capitalized paragraph says the subscriber and Spectrum agree that claims may only be brought in a party's individual capacity and not on behalf of, or as part of, a class action (as defined in federal, state or arbitration procedural rules) or any other form of class, collective, representative or consolidated action, together called a "Mass Action". The defined term includes, but is not limited to, any action in which twenty-five or more similar demands for arbitration are filed against Spectrum and representation for the parties is consistent or coordinated across all cases. The twenty-five or more demands need not be filed simultaneously.
Supporting quotations
SUBSCRIBER AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION (AS DEFINED IN FEDERAL, STATE, OR ARBITRATION PROCEDURAL RULES), OR ANY OTHER FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTIONS (COLLECTIVELY “MASS ACTION,”
WHICH TERM INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION IN WHICH TWENTY-FIVE OR MORE SIMILAR DEMANDS FOR ARBITRATION ARE FILED AGAINST SPECTRUM AND REPRESENTATION FOR THE PARTIES IS CONSISTENT OR COORDINATED ACROSS ALL CASES. THE TWENTY-FIVE OR MORE DEMANDS FOR ARBITRATION NEED NOT BE FILED SIMULTANEOUSLY.)
Qualifications & exceptions
The definition of "Mass Action" is not limited to the examples given ("includes, but is not limited to").
The 25-demand test requires similar demands and consistent or coordinated representation, and the demands need not be filed at the same time.
Not stated here
The text does not say how the waiver applies to a public injunction or to a claim brought by a government agency.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator may not consolidate claims or preside over class or mass proceedings unless both agree in writing
Unless both the subscriber and Spectrum 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, class or mass proceeding.
Supporting quotations
Furthermore, unless both Subscriber and Spectrum 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, class or mass proceeding.
Qualifications & exceptions
Both parties would have to agree in writing to lift the restriction.
Legal Rights & Agreement Rules · Restriction or exception
If the no-consolidation paragraph is unenforceable, arbitration (except the jury waiver) is void for that claim
If the no-consolidation paragraph is found to be unenforceable, the entirety of the arbitration provisions, except for the waiver of the right to a trial by judge or jury, is null and void and of no further effect with respect to the specific claim at issue. The severability paragraph that follows also provides that the class and mass action waiver itself cannot be severed.
Supporting quotations
If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions, except for the waiver of right to a trial by judge or jury, shall be null and void and rendered of no further effect with respect to the specific claim at issue.
Qualifications & exceptions
The consequence applies to the specific claim at issue and leaves the jury trial waiver in place.
Not stated here
Which body decides whether the paragraph is unenforceable is not stated here; the arbitrator is given exclusive authority over enforceability elsewhere in the section.
Legal Rights & Agreement Rules · User right or choice
The subscriber may opt out of the arbitration provisions by letter within 30 days, with name, address and account number
A subscriber who does not wish to be bound by the arbitration provisions, other than the waiver of the right to a trial by judge or jury, must notify Spectrum in writing by sending a letter addressed to VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131. The letter must be sent within 30 days of (a) the date this provision becomes effective, for an existing customer, or (b) the date the subscriber first subscribes to the Service(s). It must include the subscriber's name, address and Spectrum account number and a clear statement that the subscriber does not wish to resolve disputes with Spectrum under the arbitration provisions.
Supporting quotations
Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions (other than the waiver of right to a trial by judge or jury), Subscriber must notify Spectrum in writing by sending a letter to Spectrum addressed to VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131, within 30 days of (a) the date that this provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s).
Subscriber's written notification to Spectrum must include Subscriber's name, address, and Spectrum account number as well as a clear statement that Subscriber does not wish to resolve disputes with Spectrum under these arbitration provisions.
Qualifications & exceptions
The opt-out must be in writing and sent within 30 days of the stated dates.
The opt-out does not cover the waiver of the right to a trial by judge or jury.
The top-of-page notice describes the opt-out as covering "the foregoing provisions"; this clause covers the arbitration provisions only.
Not stated here
The text does not say how the effective date of this provision is communicated to an existing customer.
Legal Rights & Agreement Rules · Company commitment
Opting out has no adverse effect, applies only going forward, and does not cancel an earlier arbitration agreement
Spectrum states that the subscriber's decision to opt out of the arbitration provision will have no adverse effect on the subscriber's relationship with Spectrum or on delivery of the Services. The right to opt out is prospective only and does not apply to previous periods. If the subscriber and Spectrum previously agreed to an arbitration agreement, opting out of these arbitration provisions does not relieve either of the obligation to arbitrate claims within the scope of that earlier agreement.
Supporting quotations
Subscriber's decision to opt out of this arbitration provision will have no adverse effect on Subscriber's relationship with Spectrum or the delivery of Services to Subscriber by Spectrum.
For the avoidance of doubt, Subscriber’s right to opt out from these arbitration provisions is prospective only and does not apply to previous periods. If Subscriber and Spectrum previously agreed to an arbitration agreement, an opt out from these arbitration provisions does not relieve either Subscriber or Spectrum from the obligation to arbitrate claims coming within the scope of that previous arbitration agreement.
Qualifications & exceptions
The opt-out is prospective only and does not reach previous periods.
An earlier arbitration agreement between the parties continues to apply to claims within its scope.
Not stated here
The text does not identify any earlier arbitration agreement.
Legal Rights & Agreement Rules · Restriction or exception
Unenforceable arbitration clauses are severed, but the class and mass action waiver may not be severed
If any clause within the arbitration provisions is found to be illegal or unenforceable, that clause is severed and the rest of the arbitration provisions stay in full force. The exception is the Class Action and Mass Action waiver, which may not be severed from the arbitration provisions. The consolidation paragraph adds that if it is found unenforceable, the arbitration provisions, other than the jury trial waiver, become void for the specific claim at issue. The saved text shows a stray drafting tag, "[Legal11.1]", in the paragraph's heading.
Supporting quotations
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; provided, however, that the Class Action and Mass Action waiver above may not be severed from these arbitration provisions.
If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions, except for the waiver of right to a trial by judge or jury, shall be null and void and rendered of no further effect with respect to the specific claim at issue.
SUBSCRIBER AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION
Qualifications & exceptions
Severance applies to a clause found illegal or unenforceable, with the class and mass action waiver excluded from severance.
Not stated here
The text does not say what happens to the rest of the arbitration provisions if the class and mass action waiver is held unenforceable beyond the statements in the consolidation paragraph and the fallback waiver.
Legal Rights & Agreement Rules · Restriction or exception
If arbitration is unenforceable or a claim is excluded, both parties still waive jury trial and class or mass actions
Notwithstanding anything to the contrary, if some or all of the arbitration provisions are determined to be unenforceable for any reason, or if a claim is brought that is excluded from their scope (including claims for which the subscriber has opted out of the arbitration provisions), both parties agree to waive, to the fullest extent permitted under applicable law, any trial by jury and any right to participate in a class action or mass action. The opt-out clause itself leaves the jury trial waiver in place for opt-outs.
Supporting quotations
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS (INCLUDING THOSE WITH RESPECT TO WHICH SUBSCRIBER HAS OPTED OUT OF THESE ARBITRATION PROVISIONS), BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST PERMITTED UNDER APPLICABLE LAW, ANY TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR MASS ACTION.
If Subscriber does not wish to be bound by these arbitration provisions (other than the waiver of right to a trial by judge or jury)
Qualifications & exceptions
The waivers apply to the fullest extent permitted under applicable law.
They cover claims excluded from arbitration and claims where the subscriber has opted out.
Not stated here
The text does not say how a court would handle a claim that is excluded from arbitration, such as one in small claims court, where no jury trial would normally be available.
Legal Rights & Agreement Rules · Restriction or exception
If the fallback waiver is found unenforceable, it is severed without affecting the rest of the arbitration provisions
For the preceding fallback waiver only, if the waiver or any part of it is found unenforceable, it is severed from the Terms of Service, rendered null and void and of no further effect, without affecting the rest of the arbitration provisions.
Supporting quotations
For purposes of the foregoing sentence only, in the event such waiver or any part of it is found to be unenforceable, it shall be severed from these Terms of Service, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
Qualifications & exceptions
The severance applies to the fallback waiver only ("for purposes of the foregoing sentence only").
Legal Rights & Agreement Rules · Restriction or exception
Not subject to arbitration: small claims actions, intellectual property validity and unauthorized use of service
The subscriber and Spectrum agree that three kinds of claims or disputes are not subject to arbitration: (1) any individual action by the subscriber or Spectrum on any matter within the jurisdiction of a court limited to adjudicating small claims; (2) any dispute over the validity of any party's intellectual property rights; and (3) any dispute related to or arising from allegations associated with unauthorized use or receipt of service. The third exclusion is worded broadly and is not limited to either party's claims. The saved text shows a stray drafting tag, "[Legal12.1]", after the heading.
Supporting quotations
EXCLUSIONS[Legal12.1]. SUBSCRIBER AND SPECTRUM AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY SPECTRUM 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.
Qualifications & exceptions
Exclusion (1) applies only to individual actions within a small claims court's jurisdiction.
Exclusion (3) covers any dispute related to allegations of unauthorized use or receipt of service.
Not stated here
The text does not say which court hears excluded disputes.
Legal Rights & Agreement Rules · User right or choice
New York video subscribers may elect to resolve a dispute through the New York Public Service Commission
For New York video subscribers, the subscriber may elect to resolve a dispute through the New York Public Service Commission in accordance with 16 NYCRR §890.709(a) and 16 NYCRR §709(c).
Supporting quotations
For New York Video Subscribers. Subscriber may elect to resolve a dispute through the New York Public Service Commission in accordance with 16 NYCRR §890.709(a) and 16 NYCRR §709(c).
Qualifications & exceptions
The option is stated for New York video subscribers only.
The citations are to state regulations that are not part of the saved text.
Not stated here
The text does not say how the election is made or whether it overrides the agreement to arbitrate.
The arbitration provisions and their section survive termination of the terms
The arbitration provisions, and the arbitration section, survive the termination of the Terms of Service.
Supporting quotations
The foregoing arbitration provisions shall survive the termination of these Terms of Service.
This Section shall survive the termination of these Terms of Service.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not liable for delays, interruptions or failures from causes beyond its control (force majeure)
Spectrum is not liable for any delay, interruption of Service, or failure of performance or equipment of any kind (including Spectrum Equipment) due to causes beyond its control. The listed causes include acts of God, fire, wildfire, flood, explosion or other catastrophes; causes attributable to the subscriber, the subscriber's equipment or property; acts of third parties; loss of electrical power; loss of use of poles or other utility facilities; unavailability of rights-of-way or materials; government laws, orders or requests; national emergencies, terrorism, insurrection, riots or wars; and strikes, lock-outs, work stoppages or other labor difficulties.
Supporting quotations
Spectrum shall not be liable for any delay, interruption of Service, failure of performance or equipment of any kind (including Spectrum Equipment) due to causes beyond its control, including but not limited to: acts of God, fire, wildfire, flood, explosion, or other catastrophes; causes attributable to you, your equipment or your property; acts of third parties; loss of electrical power; loss of use of poles or other utility facilities; unavailability of rights-of-way or materials; any law, order, regulation, direction, action, or request of any federal, state or local government having or claiming jurisdiction over Spectrum, or of any civil or military authority; national emergencies, acts of terrorism, insurrection, riots or wars; or strikes, lock-outs, work stoppages, or other labor difficulties.
Qualifications & exceptions
The list is introduced by "including but not limited to", so other causes beyond Spectrum's control are covered too.
The list includes causes attributable to the subscriber, the subscriber's equipment or property, and acts of third parties.
Not stated here
The text does not say whether Spectrum must restore service within a set time or give any credit after such an event.
Legal Rights & Agreement Rules · Procedure
Notices from the subscriber go in writing to the address on the bill or as instructed on the Website, or by calling
When the terms require notice from the subscriber to Spectrum, the subscriber agrees to give written notice to the address specified on the bill, or as instructed on the Website, or by calling Spectrum. Notice by calling is effective as of the date Spectrum's records show it received the call. This is separate from the specific addresses given for arbitration notices and for opt-out letters.
Supporting quotations
When these Terms of Service require notice from you to Spectrum, you agree to provide us with written notice to the address specified on your bill or as instructed on the Website or by calling us. Notice by calling us will be effective as of the date our records show that we received your call.
Qualifications & exceptions
A phone notice is effective on the date Spectrum's own records show the call was received.
Not stated here
The text does not define "the Website" or say how a subscriber can check Spectrum's call records.
Legal Rights & Agreement Rules · Procedure
Notices to the subscriber are given by the methods stated in Section 1(c) above
Notices to the subscriber are provided as stated in "Section 1(c) above". The earlier subsection headed "Service Modifications; Notices" (lettered c in the first numbered section, Introduction) lists e-mail, mail, hand delivery, a message in the monthly billing statement or other lawful means for material changes.
Supporting quotations
Notices to you shall be provided as stated in Section 1(c) above.
Spectrum will notify you of material changes to the Services or Terms of Service at least 30 days in advance (or longer period as required by law) by e-mail, mail, hand delivery, a message in your monthly billing statement, or by other lawful means.
Qualifications & exceptions
The cross-reference is to Section 1(c); the saved page's numbering lists Introduction as section 1 and subsection c as "Service Modifications; Notices", although the numbers are not part of the block text.
Not stated here
Section 1(c) itself addresses notice of material changes; the text does not say whether the same methods apply to other kinds of notices.
Representations, warranties, payment obligations, indemnification and limits of liability survive termination
Certain provisions survive termination of the Terms of Service, including all representations, warranties, payment obligations, indemnifications and limitations of liability. All other obligations of the subscriber and Spectrum also survive termination if they relate to a period before termination or, by their terms, would be expected to survive.
Supporting quotations
Certain provisions will survive the termination of these Terms of Service including all representations, warranties, payment obligations, indemnifications, and limitations of liability.
All other obligations of Subscriber and Spectrum under these Terms of Service shall also survive termination if they relate to a period before termination or, if by their terms, they would be expected to survive such termination.
Qualifications & exceptions
Other obligations survive if they relate to a period before termination or would by their terms be expected to survive.
Use & Processing · Restriction or exception
Spectrum's right to contact the subscriber survives termination unless the subscriber opts out as the terms describe
Spectrum's right to contact the subscriber also survives the termination of the Terms of Service unless the subscriber opts out in the manner described in the terms. The earlier consent-to-contact clause says the subscriber may not opt out of or revoke that consent, subject to applicable law, and the terms do not describe any opt-out method for it.
Supporting quotations
Spectrum's right to contact Subscriber shall also survive these Terms of Service unless Subscriber opts out in the manner described in these Terms of Service.
Qualifications & exceptions
The survival is conditioned on the subscriber not opting out in the manner described in the terms.
Not stated here
The terms as saved describe no opt-out method for this right, so the condition cannot be applied from this text.
Legal Rights & Agreement Rules · Context
An invalid provision is reformed to be enforceable to the maximum extent allowed; the rest of the terms stay in effect
If any provision of the Terms of Service is held invalid, illegal or unenforceable, it is reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law, in conformance with its original intent, and all other provisions remain in full force and effect. The arbitration section has its own severability paragraph.
Supporting quotations
In the event that any provision of these Terms of Service is held to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law in conformance with its original intent, and all other provisions shall remain in full force and effect.
Qualifications & exceptions
The reformation applies to provisions of the Terms of Service in general; the arbitration provisions have their own severability paragraph.
Legal Rights & Agreement Rules · Context
Order of precedence: general terms, then service schedules, then policies; a tariff controls only its own service
Each Service is provisioned under the Terms of Service, including any applicable service schedules, policies, guides and tariffs. If the parts of the Terms of Service conflict, the order of precedence is (i) these general terms and conditions, (ii) any applicable service schedule, and (iii) any policies or guides. If any part is inconsistent with the terms of an applicable tariff, the tariff controls only for the Service offered under that tariff, and these Terms of Service, including the arbitration provision, supplement the tariff terms.
Supporting quotations
Each Service shall be provisioned pursuant to these Terms of Service, including any applicable service schedules, policies, guides, and/or tariffs.
To the extent there are conflicts or inconsistencies between or among any portions of the Terms of Service, the order of precedence with respect to such conflicts shall be: (i) these general terms and conditions, (ii) any applicable service schedule, and (iii) any policies or guides;
provided, however, that if any portion of these Terms of Service are inconsistent with the terms of an applicable tariff, the tariff shall control with respect only to the Service offered under the tariff and these Terms of Service, including the arbitration provision set forth herein, shall supplement such tariff terms.
Qualifications & exceptions
The ranking puts these general terms above service schedules, policies and guides.
A tariff controls only for the Service offered under the tariff, and the terms supplement it.
Not stated here
The service schedules, policies, guides and tariffs are not part of this saved text, so which of them apply to a given subscriber is not shown here.
Legal Rights & Agreement Rules · Restriction or exception
The terms and incorporated documents are the entire agreement; prior statements and advertising do not change them
The Terms of Service, including all documents incorporated in them, are the entire agreement between the subscriber and Spectrum for the Services. No prior agreement and no written or oral statement, advertisement or Service description will contradict, explain or supplement it. This expressly includes any representation or warranty made by a Spectrum agent or representative in connection with the sale, installation, maintenance or removal of Spectrum's Services, Equipment or software. In practice, a promise made by a salesperson or in an advertisement is not part of the agreement unless it is in these terms or the documents they incorporate.
Supporting quotations
These Terms of Service (including all documents incorporated herein) constitute the entire agreement between the Subscriber and Spectrum for the Services.
No prior agreement and no written or oral statement, advertisement, or Service description will contradict, explain or supplement it, including, without limitation, any representation or warranty made by an agent or representative of Spectrum in connection with the sale, installation, maintenance or removal of Spectrum's Services, Equipment or software.
which are incorporated herein by reference (collectively, the “Terms of Service”)
Qualifications & exceptions
The entire agreement includes documents incorporated by reference, such as the posted policies and the Privacy Policy.
The exclusion covers prior agreements and written or oral statements, advertisements and Service descriptions.
Not stated here
The incorporated documents are not part of this saved text, and the text does not say whether service schedules or order documents signed at sale are among them.
Legal Rights & Agreement Rules · Restriction or exception
Not insisting on strict performance is no waiver by Spectrum, and conduct or trade practice does not modify the terms
Spectrum's failure to require the subscriber's strict performance of any provision is not a waiver of its right to require strict performance of any provision. No course of conduct between the parties and no trade practice modifies any provision of the Terms of Service.
Supporting quotations
Spectrum’s failure to require your strict performance of any provision of these Terms of Service will not be a waiver of Spectrum’s right to require strict performance of any provision herein. No course of conduct between the parties or trade practice shall act to modify any provision of the Terms of Service.
Qualifications & exceptions
The waiver language protects Spectrum's rights; the sentence does not say that the subscriber's failure to insist is also not a waiver.
Legal Rights & Agreement Rules · Context
The English version is the original, and conflicts with other-language versions are resolved by the English version
The original version of the Terms of Service is in English. Any discrepancy or conflict between the English version and any other language version is resolved by reference to, and by interpreting, the English version.
Supporting quotations
The original version of these Terms of Service is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.