Home Networking Addendum

RCN Home Networking Addendum

1. Home Networking Services

1.1. RCN will provide High Speed Internet Service (the "service") to up to four (4) personal computers or other computing devices that are compatible with the Home Networking service at a single customer residence identified in a written Home Networking Installation Agreement. (Rider A) Only RCN High Speed Access customers are eligible for Home Networking service. Customers must sign a Home Networking Installation Agreement at or prior to the time of installation of Home Networking service. The Home Networking service is provided in accordance with the provisions of the RCN Internet Access Agreement (including RCN’s Online Policies), RCN High Speed Cable Modem Service Addendum and this Home Networking Addendum. In the event of a conflict between the RCN Internet Access Agreement, High Speed Cable Modem Service Addendum and this Home Networking Addendum, this Home Networking Addendum will govern your use of the Home Networking service. (Rider B)

RCN will provide: (i) A coaxial cable connection provided at the End-User’s residence to an RCN supplied DOCSIS Modem and Router (“Gateway”) to connect up to four (4) End-User provided Windows-based PC or Apple Macintosh computer or any other computing device (“Customer Equipment”) that meets the End-User Equipment Requirements set forth by RCN and is otherwise compatible with the Home Networking service; (ii) End-User Instructions, including, operating instructions, online help and telephone support. RCN RESERVES THE RIGHT TO CHANGE, MODIFY OR DISCONTINUE THE HOME NETWORKING SERVICE AT ANY TIME.

2. General Subscriber Obligations

2.1. You will execute a written Home Networking Installation Agreement at or prior to the time of installation of the Home Networking service. You, (the RCN Home Networking Subscriber), further agree to this addendum on behalf of yourself and any person who accesses the RCN High Speed service through your RCN Home Network or under your screen name or password. You assume responsibility to ensure that all such other users understand the RCN Internet Access Agreement, the High Speed Cable Modem Addendum and this 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 Home Network service and equipment.

2.2. The Home Networking service is intended for use by you at a single, specific authorized residence. You may not transfer your subscription or your rights and obligations under this Addendum to any other person or to yourself at a new residence. Your Service will be terminated should RCN be notified that you are no longer an authorized End-User.

3. Payment Terms

3.1. You agree to pay the applicable installation fee and a then-current monthly recurring charge for the Home Networking service. If you have selected either the credit card or electronic bank withdrawal payment option, you expressly authorize RCN to charge the applicable account number(s) you provide for payment of any Access Service charges that accrue from month to month and such authorization shall remain in effect until you terminate your authorization in writing. The current fees and charges set forth in the RCN Internet Access Product section of the RCN web site, which is incorporated into this Addendum and made a part hereof. In addition, you agree to pay all applicable federal, state and local fees or taxes.

3.2. RCN reserves the right to change the amount of fees and charges relating to the Home Networking service from time to time at its 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, a one time late fee of not more than $5.00 on any outstanding amount will be charged 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 Home Networking service or are disconnected, you agree to pay a reconnect charge before reconnection. If you do not reconnect you are responsible for returning the Home Networking equipment to RCN. Failure to return the Home Networking equipment may result in RCN assessing a termination charge equal to the replacement value of the Home Networking equipment.

3.4. You will be responsible for all expenses (including reasonable attorney's fees) incurred by RCN in collecting any unpaid amounts due in accordance with this Agreement.

4. Installation and Access

RCN will schedule one or more installation visit with you. You must be present during installation. Installation may include configuring Customer Equipment, for wired or wireless Home Networking connectivity, installation of cabling for wired Home Networking connectivity. All installation will be done pursuant to a written Home Local Area Network Installation Agreement. Following installation, you will provide RCN with reasonable access to the premises to inspect, repair, and maintain RCN's equipment and on-site or remote access to all Customer Equipment, at RCN’s sole discretion, to install any required software upgrades. (Rider C and Rider D).

5. Owndership and Use of Equipment and Software

5.1. An RCN gateway (modem and router) (Rider D) supplied and installed by RCN under this Addendum, 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 the replacement cost of all Home Networking equipment that is not returned.

5.2. RCN grants you a limited, non-exclusive license to use the software provided and installed by RCN for use in connection with the Home Networking service only. You may make one copy for archival purposes only. The license terminates upon termination of this Agreement, disconnection or discontinuance of the Home Networking service. Upon termination, discontinuance or disconnection, you must promptly destroy all such software and any copy you have made.

5.3. You shall not modify, decompile or reverse engineer the RCN provided software for any purpose.

Please refer to Sections 12; (Limitation of Liability; No Warranties); 13 (No Liability for Unauthorized Access); 14 (No Liability for Content); 15 (Termination) of the High Speed Cable Modem Addendum for additional important terms and conditions of your Home Networking service.

Rider A
http://www.rcn.com/policies-and-disclaimers/networking-install-agreement

Rider B
YOU ACKNOWLEDGE AND AGREE THAT THIS HOME NETWORKING ADDENDUM SHALL FORM AN INTEGRAL PART OF THE RCN INTERNET ACCESS AGREEMENT TO WHICH YOU ARE A PARTY AND THAT THE GENERAL TERMS OF SUCH 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 HOME NETWORKING ADDENDUM AT ANY TIME. ANY SUCH REVISIONS AND MODIFICATIONS SHALL BE BINDING AND EFFECTIVE IMMEDIATELY ON POSTING THE REVISED HOME NETWORKING ADDENDUM ON RCN'S WEB SITE, OR ON NOTIFICATION TO YOU BY E-MAIL OR UNITED STATES MAIL. YOU AGREE TO REVIEW ALL APPLICABLE ADDENDA 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 THIS ADDENDUM AT ANY TIME BY CANCELING THE HOME NETWORKING SERVICE, RETURNING THE HOME NETWORKING EQUIPMENT (AND/OR PAYING THE APPLICABLE TERMINATION CHARGES) AND PROVIDING RCN WITH WRITTEN NOTICE BY UNITED STATES MAIL, OR BY CONTACTING RCN CUSTOMER SERVICE VIA PHONE OR E-MAIL.

Rider C
RCN EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATING TO YOUR FAILURE TO PROVIDE RCN WITH REASONABLE ACCESS TO YOUR RESIDENCE AND CUSTOMER EQUIPMENT TO INSPECT, REPAIR AND MAINTAIN RCN's HOME NETWORKING EQUIPMENT. MOREOVER, SUCH FAILURE TO PROVIDE RCN WITH REASONABLE ACCESS TO THE PREMISES AND CUSTOMER EQUIPMENT SHALL PERMIT RCN TO TERMINATE THE SERVICE AT RCN's DISCRETION.

Rider D
RCN WILL PROVIDE CUSTOMER WITH OPTIONS FOR INSTALLING WIRED OR WIRELESS CONNECTIONS TO CUSTOMER’S GATEWAY FOR UP TO FOUR (4) HOME NETWORKING CONNECTIONS. WIRED STANDARD INSTALLATION INVOLVES RUNNING AND STAPLING CABLING FROM THE GATEWAY TO EACH HOME NETWORKING COMPATIBLE COMPUTING DEVICE. INSTALLATION OF WIRELESS CONNECTIONS REQUIRE WIRELESS CARDS. RCN WILL SUPPLY THE GATEWAY (INTEGRATED MODEM AND ROUTER) WITH EACH STANDARD INSTALLATION. WIRELESS CARDS MAY BE RENTED OR PURCHASED. ADDITIONAL CHARGES MAY APPLY FOR CUSTOMIZED INSTALLATION. CUSTOMER IS SOLELY RESPONSIBLE FOR SELECTING THE CONNECTION OPTION THAT BEST SUITS HIS/HER NEEDS AND SUPPLYING CUSTOMER EQUIPMENT THAT IS COMPATIBLE WITH THE HOME NETWORKING SERVICE. WIRELESS CONNNECTIONS SHOULD NOT BE LOCATED MORE THAN ONE HUNDRED AND FIFTY FEET (150’) FROM THE GATEWAY AND ARE SUSCEPTIBLE TO INTERFERENCE FROM OTHER DEVICES THAT OPERATE ON RADIO FREQUENCY SUCH AS CORDLESS TELEPHONES AND MICROWAVE OVENS.