- General: Customer understands that services provided hereunder may be governed by certain federal, state and local regulatory authorities and by certain terms and conditions of service contained in any applicable RCN tariff on file with such authorities. In the event of any conflict between the terms and conditions set forth herein and those provided under any government regulations or RCN tariff, in all instances, the terms and conditions set forth in the regulations or RCN tariff(s) shall prevail. This Agreement contains a binding arbitration provision in Section 24 that affects your rights under this Agreement with respect to all Service(s).
- Credit Check: Where permitted by law, RCN reserves the right to verify credit as a condition of providing its services.
- Payment of Charges: RCN will bill Customer for services monthly, in advance. If services begin on other than the first (1st) day of the month or terminate on other than the last day of the month, the charge for that month shall be determined by pro-rating the monthly payment by the number of days during which services were provided. RCN will bill Customer monthly, in arrears, for Pay-Per-View or other services ordered where charges are based on actual usage or on orders placed during the previous month. Customer must pay all undisputed monthly charges as itemized on the RCN monthly invoice by the due date specified on the invoice (or as otherwise required by law, if later). If Customer, in good faith, disputes all or any portion of such charges, Customer must timely pay the undisputed portion of the amount due and notify RCN of disputed amounts, and reasons therefor, within thirty (30) days of the invoice date (or such other amount of time as may be prescribed by law). Failure to pay charges when due may result in discontinuance of service, the removal of all equipment and/or imposition of a late payment, service charge, or reconnection fee. Each service may generate a separate late fee. Customer may also incur an additional charge for dishonored checks. In the event that RCN engages in collections activities, an additional collections charge may be imposed. RCN shall furnish to Customer upon request, a list of its current rates and charges.
- Special Construction: If Customer requests a change in location of all or part of the services prior to the completion of construction or installation, Customer agrees to pay RCN all reasonable additional costs incurred by RCN to accommodate Customer’s request.
- RCN Property: RCN shall maintain exclusive ownership of all equipment delivered to and/or installed within or upon Customer’s residence, including but not limited to, cables, wires, amplifiers, cable modems, converter boxes and remotes ("Equipment"). Customer (or any other person acting on behalf or under supervision of Customer) shall not open, tamper with, service, make any alterations to, or remove any Equipment from its point of initial installation. Any alteration, tampering, removal or the use of Equipment which causes the receipt of services without authorization is unlawful, prohibited, and may subject Customer to criminal and/or civil penalties. Customer must return all Equipment to RCN immediately upon termination of services. Failure to do so will result in an additional charge in accordance with RCN's then current schedule of charges, which amount shall be due immediately. Customer shall pay such charges regardless of circumstances, in the event that the Equipment is lost (through theft or otherwise), damaged, modified, or destroyed. RCN may utilize any collateral form of payment Customer has provided to recover any and all equipment charges or other valid charges associated with Customer’s account.
- Disruption or Failure of Services: In no event shall RCN be liable for any failure or interruption of transmissions or services, including, without limitation, loss of data. Subject to applicable law, credit will be given for qualifying outages. RCN shall not be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages from whatever cause. The service outage credit and Customer’s termination rights shall be Customer’s sole and exclusive remedies in the event of any disruption or failure of services. RCN MAKES NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, AND RCN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Installation and Repair of RCN Equipment: RCN will repair and/or replace defective Equipment at Customer's residence of record. RCN is not responsible for the maintenance or repair of any equipment not provided by RCN. A service charge may be imposed if damage to RCN Equipment is due to negligent use, misuse, or abuse, or if RCN determines that no such repair and/or replacement is necessary. RCN makes no warranties with respect to Equipment or service repairs provided or rendered by RCN, and disclaims any and all implied warranties, including warranties of merchantability or fitness for a particular purpose or use. In order to ensure compliance with applicable laws and performance standards, Customer agrees that the Equipment shall not be serviced by anyone other than RCN or its authorized contractors. Customer shall not connect, directly or indirectly, any additional television set(s) or any other electrical, mechanical or other devices to the Equipment without the prior written consent of RCN. Should any interconnected device or facility purchased by Customer fail to comply with the technical specifications established by the Federal Communications Commission, including but not limited to those relating to signal leakage, RCN reserves the right to terminate the applicable services.
- Force Majeure: Neither party shall be liable for any delay or failure of performance or Equipment due to causes beyond its control, including, but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies; unavailability of rights-of-way or materials; inability to appropriately configure and/or interconnect the Equipment within Customer’s residence; or strikes, lock-outs, work stoppages or other labor difficulties.
- Customer Property: RCN assumes no responsibility for the condition or repair of any equipment not provided by RCN. Customer is responsible for the repair and maintenance of the same. RCN is not responsible or liable for any loss or impairment of reception of RCN's service due in whole or in part to a malfunction or defect in equipment not provided by RCN.
- Taxes and Other Charges: Customer shall pay all applicable federal, state and local taxes, including but not limited to, all sales and excise taxes, imposed or levied on or with respect to service, equipment, installation or placement charges incurred with respect to the same. Customer shall also pay any additional “pass through” or surcharges that RCN is authorized to impose upon Customer’s use of the services.
- Reproduction or Programs: Customer agrees that the programming provided by RCN will be utilized solely for Customer's personal, non-commercial use and shall not be duplicated except as may be permitted by applicable law.
- Access to Customer Premises: Customer warrants that Customer is the owner of, a tenant in, or otherwise has express authority to occupy the service address where Customer has requested service. Customer shall indemnify, defend, and hold RCN harmless from any and all claims resulting from a breach of this warranty. Customer shall provide RCN with access to the premises at all reasonable times to inspect, maintain, upgrade, and/or repair the Equipment and, upon the termination of services, to remove the same from the premises. RCN's failure to remove the Equipment shall not be deemed an abandonment thereof, except as provided by law, and shall not relieve Customer of its obligation to return the Equipment upon termination of services.
- Assignment or Transfer: This Agreement and the Equipment are not assignable or otherwise transferable by Customer. Customer shall notify RCN of any change of occupancy or ownership of the premises immediately upon such transfer of ownership or tenancy, and shall promptly return the Equipment to RCN upon such occurrence.
- Termination of Service: Customer may terminate any or all services at any time by notifying RCN of its desire to do so. This Agreement and the services provided hereunder may be terminated (a) by RCN at any time without prior notice (i) if the Customer fails to comply in full with all the terms herein; (ii) Customer makes any express or implied threat of violence, or uses derogatory language, towards any employee, representative, agent, or contractor of RCN; or (iii) if RCN loses the right or ability to use public rights-of-way necessary to serve Customer, or (b) by Customer, at any time, upon notice to RCN, provided all Equipment is returned immediately to RCN. Upon termination of services, all Equipment must be returned immediately and outlets disconnected to avoid additional or continuing charges. In the event of termination by RCN, any restoration of service shall be solely at RCN's discretion and on such terms as RCN shall determine are necessary to resume service on a commercially reasonable basis.
- Breach of Agreement: If Customer breaches this Agreement or fails to abide by RCN's rates, rules and regulations, RCN, at its option, may discontinue the services and remove the Equipment. Customer shall pay all costs, including reasonable attorneys’ fees to RCN in the event that RCN shall find it necessary to enforce collections or to otherwise preserve and protect its rights under this Agreement.
- Programming and Rates: All programming, programming services, programming packages, number of channels, channel allocations and selection of broadcast channels are subject to change by RCN in its sole discretion, in accordance with applicable law. Customer acknowledges and agrees that RCN has the right at any time to preempt, without prior notice, specific programs or services advertised as available to Customer and to determine what substitute programming, if any, shall be made available. RCN may, at its discretion, make additions, deletions or modifications to its current program line-up without accountability or liability to Customer. RCN shall not be liable for failure to deliver any programming. Rates for the installation and provision of services or Equipment and rates for programming or other services are subject to change by RCN in its sole discretion, in accordance with applicable law.
- Programming Disclaimer: RCN assumes no liability for any programming or information distributed over the cable system or Internet unless produced exclusively by RCN. RCN shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the cable system, unless such products, merchandise or prizes are provided exclusively by RCN.
- Incorporation of Other Agreements, Policies, and Tariffs: Customer agrees to adhere to the terms and conditions of any applicable RCN tariff, the RCN Internet Access Agreement, the RCN Internet Customer Guide, the RCN Acceptable Use Policy and the RCN High Speed Cable Modem Service Addendum, as the same may be amended from time to time. Certain of these documents can be found on the RCN home page (http://www.rcn.com) and/or the RCN setup disk. By Customer's use of the services, Customer is deemed to have read and agreed to be bound by these documents. Customer’s breach of any of the foregoing agreements, policies, or tariffs shall be automatically deemed to be a breach of this Agreement.
- Internet Local Access Number: RCN will not be responsible for any telephone charges incurred while using the Internet. Customers are responsible for verifying that their access number is a local telephone call.
- VoIP 911 Dialing: Upon taking RCN Digital Phone service, your physical address is used for purposes of providing 911 emergency services. You agree to the following limitations associated with access to 911 services. Should you move the device from its original location and then attempt to call 911, the emergency call taker will receive the wrong address information. If there is a power outage, your equipment has a battery backup. However, in the case of a complete power loss, network outage, broadband Internet outages or congestion, disconnection of service, or other conditions beyond the reasonable control of RCN, you may either be unable to access 911 or your access to 911 may be delayed or impaired. You should inform any third parties, guests, or visitors of these emergency service limitations. RCN has no liability whatsoever with respect to 911 dialing.
- Additional Representations and Warranties: In addition to representations and warranties made by Customer in this Agreement, Customer further represents and warrants that:
- Age: Customer is at least eighteen (18) years of age.
- Customer Information: During the term of the Agreement, Customer has provided and will continue to provide to RCN accurate, complete, and current information to adequately identify and affiliate the account with the identified account holder of record. Customer acknowledges that RCN relies upon the provision of truthful information and that Customer will notify RCN promptly, in accordance with the terms of this Agreement, if there is any change in the information provided to RCN. Failure to comply may result in breach, default or termination of Customer’s services.
- Entire Agreement: These terms and conditions constitute the entire agreement between the Customer and RCN. Customer represents and warrants that he/she has the right to enter into this Agreement. No undertaking, representation or warranty made by any agent or representative of RCN in connection with the sale, installation, maintenance or removal of RCN's services shall be binding on RCN except as expressly included herein. RCN may amend this Agreement upon notice to Customer. Customer's election to continue receiving the Service thereafter shall be deemed to constitute Customer's acknowledgment and acceptance of such amendment.
- 911 Service and eMTA Back-up Battery Power: Your RCN telephone service is provided via a telephone modem at your location. This device requires electrical power at your location in order to provide service. In the event of a power outage, telephone service, including access to 911, will not work unless you have a back-up power source. Note that phone service may still be unavailable due to other circumstances such as downed poles/wires, outages or other issues affecting RCN’s network. Currently, RCN will provide an 8-hour internal back-up battery for RCN-supplied telephone equipment at no charge upon request from the customer. A 24-hour back-up battery is also available for purchase from RCN. Active use of the telephone line will reduce the amount of standby time provided by the battery; cold temperatures and age may also reduce standby time. Back-up batteries should be kept installed in the equipment, and annually be tested and checked for signs of deterioration or leakage. Batteries may be obtained at the time of install or by calling 800.RING.RCN (800.746.4726). This policy may be subject to change at a future date. Customers may also utilize an external UPS (Uninterruptable Power System) to provide or extend telephone backup time. These systems are commonly available through electronics and office supply retailers. External UPS systems should be rated at 300 Watts or higher in order to provide 8 hours of standby time. Please refer to the HELP section of the RCN website for further information.
- Customer Privacy Notice: At RCN, the privacy and security of your account is very important to us. That is why we have taken measures to protect the privacy of your Personally Identifiable Information and CPNI in compliance with the federal laws and FCC regulations that govern use and disclosure of customer information.
- Account passwords: To better protect all of your account information and allow us to provide you the best quality customer service, you must establish a password and two backup security questions, for your account when you establish service.
- Internet privacy policies: RCN respects its subscribers’ online privacy, and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, as set forth fully in the RCN Internet Access Agreement, Customer agrees that RCN has the right, but not the obligation, to monitor or disclose the contents of private communication over the Internet, if RCN, in its sole discretion, reasonably believes that such action is necessary: (i) to comply with applicable law or valid legal process; (ii) to protect RCN rights or property; or (iii) in emergencies when a person’s physical safety is at issue. In addition, RCN reserves the right to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate law enforcement inquiries and lawful civil proceedings.
- Binding Arbitration:
- Purpose. If you have a Dispute (as defined below) with RCN that cannot be resolved through an informal dispute resolution with RCN, you or RCN may jointly or unilaterally elect to arbitrate that Dispute in accordance with the terms of this Arbitration Clause rather than litigate the Dispute in any federal or state court or other tribunal. Arbitration means that you waive your rights to proceed in court and have your claims resolved by a judge or jury in the event arbitration is elected. Instead, you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts. If either you or RCN elects to arbitrate the Dispute, that election shall be binding on the other party.
- Definitions. The term “Dispute” means any dispute, claim, or controversy between you and RCN regarding any aspect of your relationship with RCN, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Clause. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Clause, “RCN” means RCN and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
- Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or RCN elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Arbitration Rules of the American Arbitration Association (“AAA”).
- Arbitration Procedures. You and RCN agree that the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes, even if the substance of the Dispute is governed by other federal or state laws or regulations. No state statutes pertaining to arbitration shall be applicable under this Arbitration Clause.
If there is a conflict between this Arbitration Clause and the rules of the AAA, this Arbitration Clause shall govern. If there is a conflict between this Arbitration Clause and the rest of this Agreement, this Arbitration Clause shall govern.
A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing, including (unless both parties otherwise agree, in writing) a statement of reasons supporting the award. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (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 exists under the FAA.
- ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED.
- THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, CONSOLIDATED OR AGGREGATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER SUBSCRIBERS, OR OTHER PERSONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY RELATED ARBITRATION RULES, ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS SECTION 25(e) SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
- Location of Arbitration. The arbitration will take place at a location reasonably convenient to you and RCN in the area where you receive the service from us.
- Payment of Arbitration Fees and Costs. RCN will reimburse any filing fee that the AAA charges you for arbitration of the dispute to the extent that the amount of such a fee exceeds the filing fee that would be charged by a court with jurisdiction over the dispute. If that arbitration proceeds, RCN will also pay any administrative and arbitrator fees charged later, as required by the rules and fee schedule of the AAA.
- Severability. If any clause within this Arbitration Clause is found to be illegal or unenforceable, that clause will be severed from this Arbitration Clause, and the remainder of this Arbitration Clause will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Clause will be unenforceable, and the dispute will be decided by a court.
In the event this entire Arbitration Clause is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Clause, you and RCN have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
- Exclusions from Arbitration. Where the total amount in controversy for the action is $5,000 or less, the party bringing the claim can choose to proceed in arbitration, or alternatively, can bring an individual action in small claims court. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AND RCN FURTHER AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; AND (3) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
- Continuation. This Arbitration Clause shall survive the termination of your service(s) with RCN.
- For New York Video Customers. You may elect to resolve a Dispute through the New York Public Service Commission in accordance with NYCRR 16§890.709(a) and NYCRR 16§709(c).
- Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION CLAUSE, YOU MUST NOTIFY RCN IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY VISITING WWW.RCN.COM/ARBITRATIONOPTOUT OR BY MAIL TO RCN, 650 COLLEGE ROAD EAST, SUITE 3100, PRINCETON, NJ 08540, ATTN: LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION TO RCN MUST INCLUDE YOUR NAME, ADDRESS AND RCN ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH RCN THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION CLAUSE WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH RCN OR THE DELIVERY OF SERVICE(S) TO YOU BY RCN. IF YOU HAVE PREVIOUSLY NOTIFIED RCN OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
- Required Time for Notice of a Dispute. You must give us notice of a dispute within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes, about which you must contact RCN within thirty (30) days, as provided in Section 3 of this Agreement), or you waive the right to pursue any claim based upon such events fact or dispute.