Spectrum Residential General Terms and Conditions of Service

Spectrum · Official agreement

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16 of 142 cards in Account & Service Control

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.

Details
Who
Subscriber
Condition
at least 18 years old and legally able to accept a binding contract

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.
Also annotated in the same passage (2)

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.

Details
Who
Subscriber
What it does
use Service, Equipment and Licensed Software
Why
personal, residential, non-commercial only
Exception
no rebroadcast, retransmission, redistribution, resale or unlawful use

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.
Also annotated in the same passage (1)

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.

Details
Who
Subscriber
What it does
ensure all users comply with the Terms of Service

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.
Also annotated in the same passage (1)

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.

Details
Who
Subscriber and any other person except Spectrum's authorized personnel
What it does
relocate or use Equipment and Wiring off the premises
Condition
without Spectrum authorization

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.
Also annotated in the same passage (5)

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.

Details
Who
Spectrum
What it does
remove or change the Equipment, including Licensed Software
When
at any time the Services are active or following their termination

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.
Also annotated in the same passage (4)

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.

Details
Who
Subscriber and any other person except Spectrum's authorized personnel
What it does
open, tamper with, service, alter or relocate Equipment or Wiring
Exception
use that permits receipt of Services without authorization is theft of Service

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".
Also annotated in the same passage (4)

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.

Details
Who
Subscriber
What it does
sell, lease, abandon, give away or permit others to use the Equipment

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.
Also annotated in the same passage (4)

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.

Details
Who
Subscriber
Condition
installing or using Equipment or Services away from the authorized address of record without Spectrum's express authorization

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.
Also annotated in the same passage (4)

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.

Details
Who
Spectrum
What it does
repair or replace damaged or defective Equipment
Exception
damage or defect caused by the subscriber's misuse or improper operation or handling
Condition
service charge if damage is due to negligent use or abuse or no fault is found

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.

Cross-references

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.

Details
Who
Spectrum and its employees, agents, contractors and representatives
What it does
enter the subscriber's premises
Why
install, inspect, maintain, repair Equipment or Wiring and remove Equipment on termination

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.
Also annotated in the same passage (1)

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.

Details
Who
Spectrum
What it does
refuse to install and maintain Service
Condition
premises are or may become hazardous or dangerous in Spectrum's sole discretion

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.
Also annotated in the same passage (1)

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.

Details
Who
Subscriber
What it does
assign or transfer the Terms of Service, Services, Equipment or software
Condition
without specific written authorization from Spectrum

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.

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.

Details
Who
Subscriber
What it does
call or send hardcopy written notice of termination
When
effective after the date Spectrum receives the request

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.
Also annotated in the same passage (1)

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.

Details
Who
Spectrum
What it does
terminate the Terms of Service immediately
Condition
subscriber becomes insolvent or bankrupt, requests Chapter 13, or is subject to a liquidation or insolvency lawsuit

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.

Details
Who
Spectrum
What it does
terminate the Terms of Service and remove Equipment, reject an application or block access to Service
Condition
any reason including violation as solely determined by Spectrum, incorrect application information, misuse, harassment, failed Payment Method, or excessive technical support

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.").

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.

Details
Who
Spectrum
What it does
refuse, suspend or terminate Service to any person
When
at any time
Condition
for any reason not prohibited 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.