This Service Addendum sets forth the terms and conditions under which RCN will provide RCN's High Speed Internet Service to you, the customer. It contains a binding arbitration provision in Section 16 below that affects your rights under this Service Addendum with respect to your Access Service.
1. The Service
1.1. RCN will provide High Speed Internet Service (the "Service') to a single computer connection in the customer residence. The Service is provided in accordance with the provisions of RCN’s online Customer Terms and Conditions, the RCN Internet Access Agreement (including RCN's Online Policies), and this RCN High Speed Cable Modem Service Addendum (including all Riders hereto set forth below). Rider A
RCN will provide: (i) A wireline connection provided at the End-User's residence to an End-User provided computer which meets the End-User Equipment Requirements set forth by RCN, or to other RCN-provided equipment at the End-User’s residence; (ii) Use of a cable modem or other access device provided by RCN; and (iii) End-User Instructions, including, operating instructions, online help and telephone support. High Speed Internet access includes a single End-User IP connection, an electronic mail address (upon request), full service installations at End-User designated residence, cable modem and internal and external cabling, if needed, End-User orientation - including setting electronic mail password, web browsing, and applications testing, 24 hours per day, seven days a week Help Desk Support Services accessible via online help or telephone support (toll-free number), electronic mail, and Frequently Asked Questions (FAQs).
2. General Subscriber Obligations
2.1. You (the RCN High Speed Internet Subscriber), agree to the terms and conditions set forth in this Service Addendum on behalf of yourself and any person who accesses and/or uses the Service through your computer, under your screen name or password or through the RCN outlet in your home. You assume responsibility to ensure that all such other users understand all terms and conditions associated with use of the Service, including, without limitation, the RCN Customer Terms and Conditions, RCN Internet Access Agreement and this Service Addendum, and comply with their terms. You will, at your own expense, obtain any and all consents, rights and authorizations necessary for the installation and use of the Service and equipment.
2.2. The Service is intended for use by you at a specific authorized location. You may not transfer your subscription or your rights and obligations under this Service Addendum to any other person or otherwise transfer this subscription to any other location for your own use or use by any third party. Your Service will be terminated should RCN be notified or otherwise become aware that you are no longer an authorized End-User.
3. Payment Terms
3.1. You agree to pay an installation fee and a monthly recurring charge for the Service. If you pay by credit card, you expressly authorize RCN to charge the credit card account number associated with your account for any Service charges that accrue from month to month and such authorization shall remain in effect until you terminate your authorization in writing. The schedule of fees and charges is set forth in the applicable RCN rate card, which is incorporated into this Addendum and made a part hereof. You agree to pay all applicable federal, state and local fees or taxes, as well as any non-governmentally imposed surcharges and fees stated on your monthly bill.
3.2. RCN reserves the right to change the amount of fees and charges from time to time at its sole discretion and upon reasonable notice to you. Installation fees and any applicable equipment charges are due along with payment of the first monthly charge. Monthly charges are payable in advance. RCN will send notification if your account becomes delinquent (30 days past due date listed on bill). Payment of the delinquent amount must be received by the deadline given in such notification to avoid interruption of Service. If payment is not received by the deadline given in such notification, RCN will charge a one-time late fee on any outstanding amount and your Service will still be subject to disconnection. RCN may charge a reasonable service fee for all returned checks and bank card or charge card chargebacks.
3.3. If you discontinue the Service or are disconnected, you agree to pay a reconnection charge in order to reconnect the Service.
3.4. You will be responsible for all expenses (including reasonable attorneys’ fees) incurred by RCN in collecting any unpaid amounts due in accordance with this Agreement.
4. Charges For Online Services Internet Transactions
4.1. Through use of the Service, you may access certain high speed Internet access services, products and other services from entities other than RCN for which there is a charge.
4.2. You agree that all such fees or charges for such products and services are your sole responsibility and not the responsibility of RCN.
4.3. You are also advised that you are solely responsible for protecting the security of your credit card and other methods of payment from unwanted or unauthorized charges for Internet based transactions.
4.4. RCN does not endorse or warrant any third-party products, services, or content that are distributed, provided, advertised, or otherwise made available over the service.
5. End-User Back-Up Recommendation
You acknowledge and accept that the installation, use, inspection, maintenance, repair and removal of the RCN equipment may result in service outages or potential damage to your hardware or software if you do not back-up all existing computer files by copying them to another storage medium prior to such activities. You will assume all associated risks of your failure to do so.
FOR THESE AND OTHER REASONS, RCN RECOMMENDS THAT YOU BACK-UP ALL FILES PRIOR TO INSTALLATION.
6. Installation and Access
RCN will schedule one or more installation visits with you. You must be present during installation. Following installation, you will provide RCN with reasonable access to the premises to inspect, repair, and maintain RCN’s equipment. Rider B
Upon termination of your subscription to the Service, you will return any RCN equipment to an RCN designated location as provided for in Section 9 below.
7. Service and Performance
7.1. RCN will make commercially reasonable efforts to assure that the Service is available to you twenty-four (24) hours per day, seven days per week. You acknowledge and agree that it is inevitable, however, that there will be interruptions of service. When possible, RCN will post online advance notice of planned outages for network or system upgrades. RCN shall take reasonable measures to minimize unplanned service interruptions. Rider C
7.2. Advertised Internet speeds are not guaranteed, and the actual Internet speed you observe may vary based on your computer, devices, equipment, connections, location, and other factors outside of RCN’s control. Certain equipment may be required to obtain optimal speeds. Depending upon your connection and equipment, RCN’s Gig Internet service offers speeds of up to 940 mbps.
7.3. The Service provided is an ethernet-like IP service over a shared bandwidth connection, and users will contend for bandwidth. RCN will undertake reasonable efforts at network management, traffic analysis, operational procedures and user policies that ensure reasonable bandwidth at all times for as many customers as possible. Rider D
7.4. For RCN cable television service customers, the Service may affect the video programming portions of your cable television service, if applicable. If you experience problems with your video programming services, contact your local RCN office in the usual manner. HOWEVER, RCN EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO INTERRUPTIONS IN SUCH VIDEO PROGRAMMING SERVICES.
7.5. High Risk Activities - The Service is not fault tolerant and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service could lead to severe injury to business, property or environment, or severe injury or death to persons ("High Risk Activities’). Such High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. SUBSCRIBER EXPRESSLY ASSUMES THE RISKS OF ANY DAMAGES RESULTING FROM HIGH RISK ACTIVITIES Rider E
8. Support and Maintenance
8.1. RCN will provide customer support, which can be accessed by telephone or by electronic mail. Support will be provided, as set forth in Section 8.2 below, for use of the Service via the hardware and software requirements set forth by RCN and via the software provided by RCN. RCN does not provide support for the Service when you use hardware or software not provided by RCN.
8.2. If your use or modification of the software, hardware, or equipment supplied by RCN requires a visit to your residence for repair or correction, RCN reserves the right to charge you for the visit and any labor required to correct the situation. RCN does not support in any manner, nor will RCN undertake to correct or repair software, hardware or equipment, which it does not supply. RCN's hardware support and service is limited to the RCN’s high speed cable modem and its ethernet interface as specified herein.
9. Ownership and Use of Equipment and Software
9.1. Any RCN high speed cable modem supplied and installed by RCN shall at all times remain the property of RCN and must be returned to RCN, in good condition, at the termination of Service. You will use reasonable care to avoid damaging, and will not move, relocate, alter, sell, lease, assign, encumber or otherwise tamper with the equipment. If the equipment is not returned to RCN or is not returned in good condition in RCN’s sole judgment within fifteen (15) days of service deactivation you will be charged an unreturned or damaged equipment fee in accordance with the then-current rate card for your Service (in which case RCN shall have no further obligation or liability to you for the modem or the associated Service).
9.2. RCN grants you a limited, non-exclusive license to use the software provided and installed by RCN for use in connection with the Service only. You may make one copy for archival purposes only. The license terminates upon termination, disconnection or discontinuance of the Service. Upon such termination, discontinuance or disconnection, you will promptly destroy all such software and any copy you have made.
9.3 You shall not actually or attempt to modify, decompile or reverse engineer the RCN provided software for any purpose.
10. Network Interface Card
A suitable and functional network interface card, if not already owned and installed by you, may be supplied and installed by RCN or an RCN authorized contractor in your home computer. Such card shall be purchased by you and become your property upon purchase. The card will remain your property following termination of the Service and RCN will not undertake to remove it from your computer upon termination. Technical support for purchased network interface cards is limited to software (driver) support. You may be able to obtain additional support from the manufacturer of the network interface card. However, RCN disclaims all liability arising from or relating to such manufacturer support.
11. End-User Use
11.1. You shall not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of RCN. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Service does not provide the type of security, upstream performance and total downstream throughout guarantees typically associated with commercial use and you are not authorized to make any commercial use of the Service. Your use of the Service for commercial purposes is a breach of the terms and conditions of Service, and may result in immediate termination of Service without notice. Rider F
11.2. RCN will provide you with a dynamic IP connection as a component of the Service. You agree not to actually or attempt to alter, modify, or tamper with the dynamic IP connection or those of any customer on the system. You also agree not to use any software on, or in conjunction with, any computer or network device connected to the Service which provides for static IP connections. RCN will take back the dynamic IP connection upon disconnection, discontinuance, or termination of the Service.
12. Limitation of Liability; No Warranties
PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MADE ON BEHALF OF RCN AND ALL OF ITS AFFILIATES.
12.1 DAMAGE TO YOUR HOME COMPUTER.
EXCEPT IN CASES OF RCN’s GROSS NEGLIGENCE, RCN ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE TO, OR LOSS OR DESTRUCTION OF YOUR COMPUTER, CABLE MODEM, OR OTHER EQUIPMENT OR HARDWARE. IN NO EVENT SHALL RCN’s MAXIMUM LIABILITY FOR ANY SUCH DAMAGE, LOSS OR DESTRUCTION EXCEED $2,600.00 IN THE AGGREGATE DURING YOUR TERM OF SERVICE.
12.2. DAMAGE, LOSS OR DESTRUCTION OF SOFTWARE FILES AND/OR DATA.
RCN ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY WHATSOEVER FOR ANY DAMAGE TO, OR LOSS OR DESTRUCTION OF ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS WHICH MAY RESULT FROM YOUR USE OF THE SERVICE, OR FROM THE INSTALLATION, MAINTENANCE, OR REMOVAL OF THE SERVICE, EQUIPMENT OR SOFTWARE PROVIDED BY RCN HEREUNDER. RCN DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.
12.3. NO WARRANTIES/LIMITATION OF LIABILITY.
RCN MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT, SOFTWARE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL EQUIPMENT, SOFTWARE, AND SERVICES ARE SUPPLIED ‘AS IS’. IN NO EVENT SHALL RCN BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE EQUIPMENT, SOFTWARE OR SERVICE PROVIDED BY RCN HEREUNDER. NO REPRESENTATION, COMMUNICATION OR STATEMENT, WHETHER IN WRITTEN OR ORAL FORM, BY ANY RCN EMPLOYEE OR AGENT SHALL BE CONSTRUED TO ADD TO OR MODIFY ANY REPRESENTATIONS OR WARRANTIES HEREIN. RIDER G
13. No Liability For Unauthorized Access
13.1. RCN treats private communications on or through its network as strictly confidential and does not access, use, or disclose the contents of private communications, except in limited circumstances and as permitted by law. However, the Service is a shared bandwidth connection used by other subscribers on the same system. Since the Internet itself is a shared resource, others may actually or attempt to access or monitor your IP Internet traffic. PLEASE REFER TO THE RCN INTERNET ACCESS AGREEMENT AVAILABLE ONLINE FOR ADDITIONAL INFORMATION ABOUT THE RISK OF UNAUTHORIZED ACCESS BY OTHERS AND HOW TO CONFIGURE YOUR SYSTEM TO INCREASE THE SECURITY OF YOUR COMPUTER.
13.2. RCN does not warrant that any data or files sent or received by you over the network, communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to your computer or to any other network which it may be connected. RCN has no responsibility and expressly disclaims all liability for such acts or occurrences. If you choose to run applications from your computer which permit others to gain access to it, you must take appropriate security measures. Failure to do so may cause immediate termination of your service by RCN without further notice or liability. RCN is not responsible for and expressly disclaims all liability for any damage resulting from the use of such applications.
14. No Liability For Content
While RCN supplies access to the Internet, it is not the publisher of any content provided by others through the Internet. RCN does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, Internet provider, online service or content provider (other than RCN). Such content or programs may include, without limitation, programs or content of an infringing, abusive, profane, or sexually offensive nature. All content from other parties accessed via the Service is accessed by you and those you have authorized, all at your own risk. RCN assumes no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such content accessed using the Service.
You agree that, notwithstanding anything herein to the contrary, you or RCN may terminate your Service at any time, for any or no reason. This Service Addendum will remain in effect throughout your use of the Service. RIDER H
16. Binding Arbitration
17. 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 the RCN Customer Terms and Conditions), or you waive the right to pursue any claim based upon such events fact or dispute.
You acknowledge and agree that this Service Addendum shall form an integral part of the RCN Internet Access Agreement to which you are a party and that the general terms of the RCN Internet Access Agreement, shall apply to this Service Addendum. You acknowledge and agree that RCN may revise the terms and conditions of this Service Addendum at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Service Addendum on RCN's web site, or on notification to you by e-mail or United States mail. You agree to review this Service Addendum on RCN's web site periodically to be aware of any such revisions. If any revision to this Addendum is unacceptable to you, you may terminate your Service at any time by contacting RCN customer service via phone (at 1-800-746-4726).
RCN EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATING TO YOUR FAILURE TO PROVIDE RCN WITH REASONABLE ACCESS TO YOUR RESIDENCE AND COMPUTER TO INSPECT, REPAIR AND MAINTAIN RCN's EQUIPMENT. MOREOVER, SUCH FAILURE TO PROVIDE RCN WITH REASONABLE ACCESS TO THE PREMISES SHALL PERMIT RCN TO TERMINATE THE SERVICE AT RCN's SOLE DISCRETION.
HOWEVER, RCN EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY INTERRUPTIONS OF SERVICE WHETHER PLANNED OR OTHERWISE.
HOWEVER, RCN EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY FAILURE TO PROVIDE ADEQUATE BANDWIDTH TO ITS CUSTOMERS.
WITHOUT LIMITING THE SCOPE OF ANY OTHER LIMITATION OF LIABILITY SET FORTH HEREIN, RCN EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO SUCH HIGH RISK ACTIVITIES.
The Service is a residential service intended for personal, non-commercial use by you in your own home.
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PERMITTED BY LAW.
RCN does not visit your home upon termination to restore or reconfigure your computer. You shall be solely responsible for such restoration or reconfiguration.
*Internet download speeds may vary and are not guaranteed. Observed speeds may vary based on device connection & other factors outside of RCN’s control. Gig Internet offers speeds up to 940 Mbps. See rcn.com/yourspeed for why speeds may vary. Certain equipment may be required to receive Gigabit speeds up to 940 Mbps. RCN substantiates that the cable modem equipment provided, and the configuration of such cable modem, meets the broadband speeds advertised when attached to a wired connection based on SamKnows testing procedures. High-speed modem required for RCN High-Speed Internet service.If a data outlet is needed, an additional outlet fee may apply in addition to applicable installation fees. Actual speeds may vary; stated speeds are up to subscribed to/stated speed and are not guaranteed. The actual range and reliability of a wireless network is affected by a number of factors. Downstream data speed may be affected by whether the data accessed is cached or non-cached; Internet-related factors, such as the location and configuration of each accessed server; internal network factors, including customer compliance with RCN usage policies set forth in the acceptable usage policy; the level of overall traffic; and the customer’s computer configuration. RCN's FCC Network Management Disclosure makes available information regarding our network management practices and the performance and commercial terms of our Internet access services to enable you to make informed choices regarding the purchase and use of our services, in accordance with Part 8 of the Rules of the Federal Communications Commission (FCC).
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