Time Warner Cable Wireless Data Service

PLEASE READ THIS DOCUMENT AND YOUR WIRELESS DATA SERVICE ORDER CAREFULLY.  TOGETHER, THEY FORM AN “ADDENDUM” TO THE RESIDENTIAL SERVICES SUBSCRIBER AND OTHER CUSTOMER AGREEMENTS THAT GOVERN YOUR USE OF THE TIME WARNER CABLE SERVICES, INCLUDING YOUR WIRELESS DATA SERVICE.  THE ADDENDUM INCLUDES THESE AND OTHER IMPORTANT TERMS:

• THE WIRELESS DATA SERVICE PACKAGE YOU SUBSCRIBED TO;
• ANY OPTIONAL SERVICES YOU SUBSCRIBED TO;
• THE AMOUNT OF BANDWIDTH YOU CAN USE IN ANY BILLING CYCLE WITHOUT INCURRING ADDITIONAL CHARGES UNDER YOUR WIRELESS DATA SERVICE PACKAGE;
• THE CHARGES FOR BANDWIDTH USE ABOVE THAT PROVIDED UNDER YOUR PLAN;
• HOW LONG YOUR CONTRACT RUNS (MINIMUM SERVICE TERM); AND
• FEES, IF ANY, FOR EARLY TERMINATION.

You accept the Addendum (in other words, make it legally binding) when you 

• Acknowledge receipt of the Wireless Data Service Order in writing or electronically; or
• Activate or use your Wireless Data Service.

Capitalized words used in the Addendum have special meanings.  Unless the capitalized words are defined in the Addendum, they have the meanings given to them in the Residential Services Subscriber Agreement.  Our website always contains the most current versions of our customer agreements, including this document. See http://help.twcable.com/html/policies.html.

1. A Minimum Term May Apply

• (a) Your service order indicates whether you have agreed to a minimum service term for your Wireless Data Service and, if so, the number of months in the term.  YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT). The Early Termination Fee, which is noted on your service order, will decrease by $7.50 for each month of the minimum service term that you complete.

• (b) If your Wireless Data Service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be “month-to-month” and will not be subject to an Early Termination Fee if you cancel your service. 

• (c) If your service term is month-to-month, TWC can change the price of your Wireless Data Service by providing you at least one billing cycle’s notice of the change.

2. A Maximum Monthly Bandwidth Cap May Apply

• (a) Your service order indicates whether you are subject to a maximum bandwidth cap on your Wireless Data Service.  The cap states the aggregate number of megabytes of data that you may send and receive using the Wireless Data Service in a single billing cycle.  If your use of the Wireless Data Services exceeds the cap in any billing cycle, you will be subject to an additional per-megabyte charge.  The amount of this charge appears on your service order. 

• (b) You may track your usage by visiting www.timewarnercable.com/mobilemanager.  Unused bandwidth in a given billing cycle does not “roll over” to future billing cycles.

3. TWC’s Ability to Change these Terms

• (a) The Wireless Data Service Addendum forms part of your Time Warner Cable Residential Services Subscriber Agreement and the customer agreements referred to in that agreement.  As a result, our customer agreements also apply to the Wireless Data Service.  For example, as a Wireless Data Service user, you are subject to the same Acceptable Use Policies that apply to our High Speed Data Service.  Our Acceptable Use Policies can be found at http://help.twcable.com/html/policies.html.

• (b) We may change our customer agreements, including this document, by amending the on-line version of the relevant terms.

• (c) If you continue to use the Wireless Data Service after any change in our customer agreements, including this document, you will have accepted the change (in other words, made it legally binding).

4. Your Ability to Change or Cancel Service

• (a) You may cancel your Wireless Data Service within 30 days of your start date without paying an Early Termination Fee and receive a refund of the cost of the wireless device, your activation fee and related taxes.   If you cancel your Wireless Data Service within 10 days of your start date, we will also refund the shipping costs you paid to receive the wireless device.  To qualify for our 30-day refund policy you must return to us all wireless devices we gave you and pay the charges described in the next paragraph.

• (b) If you cancel your Wireless Data Service, you must pay for your use of the Service up until the date on which you cancelled, including charges for exceeding any bandwidth cap that applied to your account, and applicable taxes.

• (c) If, during the minimum service term, TWC changes the terms of your Wireless Data Service and the changes are materially disadvantageous to you, you may terminate the Wireless Data Service without paying an Early Termination Fee by providing written notice to TWC within thirty (30) days of the effective date of the change. 

• (d) If, during the minimum service term, you decide to change to another TWC Wireless Data Service plan (for example, one with different rates or usage allowances) or to add additional services, such as international roaming, to your plan, then TWC has the right to restart the minimum service term from the beginning of the change in plan or addition of service.

5. Service Considerations

• (a) The Wireless Data Service is a non-commercial Service, offered for reasonable personal use only. You may not provide any person who is not a member of your household with access to the Wireless Data Service whether for a fee or otherwise.  You agree to take reasonable precautions to prevent others from gaining unauthorized access to your Wireless Data Service.

• (b) If you use the Wireless Data Service outside of our network area, you may incur roaming charges for which you are responsible.  We will use reasonable efforts to alert you (through the Wireless Data Service) when you are in a roaming area.  Roaming charges will sometimes not appear on your billing statement for a period of up to several months after your out-of-network usage since we need to obtain and confirm information from the roaming carrier before we bill you. 

• (c) Wireless devices use radio transmissions, so you may not be able to use your Wireless Data Service if your wireless device isn't in range of a transmission site. Even within a coverage area, there are many factors that may impact availability and quality of service, including network capacity, terrain, trees, placement of buildings and the characteristics of your wireless device and any device to which it is attached. Data delays and omissions may occur.

6. Equipment and Software Considerations; Provided “AS IS” without Warranties

• (a)   The Wireless Data Service requires the installation and use of software created by Smith Micro Software, Inc. (“SMSI”) and the use of a wireless device. TWC is not responsible for any damage or loss of data resulting from your use of such software or wireless device.  SMSI has an end user license agreement (“EULA”) that you will need to agree to when you initialize the software.

• (b)   EXCEPT FOR ANY LIMITED WARRANTY PROVIDED BY THE ORIGINAL MANUFACTURER, WE PROVIDE THE WIRELESS DEVICES AND SOFTWARE TO YOU ON “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING SO-CALLED “IMPLIED” WARRANTIES (SUCH AS WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE).  FOR SO LONG AS YOU CONTINUE TO RECEIVE THE WIRELESS DATA SERVICE, WE WILL ADMINISTER THE ORIGINAL MANUCTURER’S WARRANTY AS THE MANUFACTURER’S DESIGNATED REPRESENTATIVE.  TERMINATION OF YOUR WIRELESS DATA SERVICE DOES NOT AFFECT THE ORIGINAL MANUFACTURER’S WARRANTY, ONLY OUR ADMINISTRATION OF IT.  A  COPY OF THE ORIGINAL MANUFACTURER’S WARRANTY IS AVAILABLE FOR INSPECTION BEFORE SALE AT OUR WEBISTE OR UPON YOUR WRITTEN REQUEST.  OTHER THAN THE ADMINISTRATION OF ANY WARRANTY PROVIDED BY THE ORIGINAL MANUFACTURER, TWC PROVIDES NO WARRANTIES WITH RESPECT TO ANY WIRELESS DEVICE OR SOFTWARE THAT WE PROVIDE TO YOU IN CONNECTION WITH THE WIRELESS DATA SERVICE.

• (c)   If your wireless device is lost or stolen, it is very important that you notify us immediately so that we can suspend your service to prevent unauthorized use of your Wireless Data Service. However, until you report the loss or theft of your wireless device, we are entitled to assume that any use of the device is authorized by you and you agree to be responsible for any such use and associated charges.

7. Termination of Wireless Data Services

• (a)  If you cancel your Wireless Data Service (or if TWC terminates your service for good cause), TWC has the right to delete any voicemails, text messages or other data of yours that resides on TWC’s or its suppliers’ systems.

8. Conflicts

• (a) In the event of a conflict between the terms of the Addendum and other documents that govern your use of our Services, the terms of the Addendum shall control but only with respect to the Wireless Data Service. 

• (b) In the event of a conflict between the terms of the Addendum and the SMSI EULA, the terms of SMSI’s EULA shall control with respect to the SMSI software.