TIME WARNER CABLE BUSINESS CLASS
WIRELESS DATA SERVICE ADDENDUM
This Time Warner Cable Wireless Data Service Addendum (“Addendum”) governs the Time Warner Cable Business Class wireless data service (“Wireless Data Service”) and constitutes an amendment to the Time Warner Cable Business Class Services Agreement Terms and Conditions applicable to Customer (“Terms and Conditions”).
Capitalized words used, but not defined, in this Addendum have the meanings given to them in the Terms and Conditions. A copy of the current version of the Terms and Conditions is available on the TWC web site, www.twcbc.com/legal.
1. Minimum Service Term
(a) IF THE APPLICABLE SERVICE ORDER FOR THE WIRELESS DATA SERVICE SETS FORTH A SERVICE TERM FOR A WIRELESS DATA SERVICE PLAN THAT IS ANYTHING OTHER THAN MONTH-TO-MONTH (A “MINIMUM SERVICE TERM”), THEN CUSTOMER SHALL PAY AN EARLY TERMINATION FEE IF: (I) CUSTOMER CANCELS THAT WIRELESS DATA SERVICE PLAN BEFORE THE END OF THE MINIMUM SERVICE TERM FOR ANY REASON OTHER THAN A TERMINATION OF THE APPLICABLE SERVICE ORDER BY CUSTOMER PURSUANT TO SECTION 11(a), 11(b) or 16 OF THE TERMS AND CONDITIONS; OR (II) TWC TERMINATES THE APPLICABLE SERVICE ORDER EARLY PURSUANT TO SECTION 11(a) OR 11(b) OF THE TERMS AND CONDITIONS. The amount of such early termination fee shall be as set forth on the applicable Service Order for the Wireless Data Service plan, and such early termination fee for the Wireless Data Service plan will decrease by $7.50 for each month of the Minimum Service Term that Customer completes.
(b) If a Wireless Data Service plan ordered by Customer does not have a Minimum Service Term or, if it does but the Minimum Service Term has been completed, the Wireless Data Service under such plan will be month-to-month and no early termination fee will apply if Customer cancels that Wireless Data Service plan.
(c) If a Wireless Data Service plan ordered by Customer has a month-to-month service term, TWC shall have the right to increase Service Charges under that Wireless Data Service plan upon thirty (30) days advance written notice to Customer.
2. A Maximum Monthly Bandwidth Cap May Apply
(a) If the applicable Service Order for the Wireless Data Service sets forth a maximum bandwidth cap on a Wireless Data Service plan, then additional Service Charges shall apply if that cap is exceeded. The cap states the aggregate number of megabytes of data that may be sent and received using the Wireless Data Service in a single billing cycle under the applicable Wireless Data Service plan. If the maximum bandwidth cap applicable to a Wireless Data Service plan is exceeded in any billing cycle, then Customer shall be subject to the additional Service Charge with respect to such excess usage that is stated on the applicable Service Order.
(b) Customer may track its wireless data usage by visiting www.twcbc.com/mobilemanager. Unused bandwidth in a given billing cycle does not “roll over” to future billing cycles.
3. TWC’s Right to Change these Terms
(a) The Terms and Conditions (including all documents incorporated by reference in the Terms and Conditions), as amended by this Addendum, apply to the Wireless Data Service. TWC’s acceptable use policy, located at http://help.twcable.com/html/policies.html, shall apply to the Wireless Data Service and, for purposes of the Wireless Data Service, such acceptable use policy is deemed to be included within the definition of “Terms of Use” under the Terms and Conditions.
(b) TWC may change this Addendum by amending the on-line version of this Addendum.
(c) Use by Customer and/or its End Users of the Wireless Data Service after any change(s) in this Addendum shall constitute Customer’s acceptance of such
change(s), and Customer shall be bound by this Addendum as so revised.
4. Change to or Cancellation of Service by Customer
(a) If Customer cancels a Wireless Data Service plan, in addition to any applicable early termination fee, Customer shall pay for all use of the Wireless Data Service up until the date on which the plan was cancelled, including charges for exceeding any bandwidth cap that applied to the Wireless Data Service plan, and applicable taxes.
(b) If, during a Minimum Service Term, Customer changes to another TWC Wireless Data Service plan (for example, one with different rates or usage allowances) or adds additional Services, such as international roaming, to a Wireless Data Service plan, then TWC has the right to restart the Minimum Service Term for that plan from the beginning of the change in plan or addition of Service.
(c) If, during the Minimum Service Term of a Wireless Data Service plan, TWC changes the terms of the Wireless Data Service and the changes are materially disadvantageous to Customer, Customer may terminate the affected Wireless Data Service plan without paying an early termination fee by providing written notice to TWC within thirty (30) days of the effective date of the change.
5. Service Considerations
(a) Customer shall take reasonable precautions to prevent unauthorized access to the Wireless Data Service.
(b) If an End User uses the Wireless Data Service outside of TWC’s network area, roaming charges may apply and Customer shall be responsible for all such roaming charges. TWC will use reasonable efforts to alert the End User (through the Wireless Data Service) when the End User is in a roaming area. Roaming charges may not appear on Customer’s billing statement for a period of up to several months after an End User’s out-of-network usage since TWC will need to obtain and confirm information from the roaming carrier before billing Customer.
(c) Customer acknowledges that (i) since wireless devices use radio transmissions, the Wireless Data Service may be unavailable if the wireless device isn't in range of a transmission site; and (ii) 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 the End User’s wireless device and any device to which it is attached; and (iii) data delays and omissions may occur.
6. Equipment and Software Considerations; Provided “AS IS” without Warranties
(a) The Wireless Data Service may require the installation and use of TWC or third party software as well as the use of a wireless device. TWC is not responsible for any damage or loss of data resulting from use of such software or wireless device.
(b) WIRELESS DEVICES SOLD BY TWC, AND SOFTWARE PROVIDED BY TWC, ARE PROVIDED BY TWC ON AN “AS IS” BASIS. TWC MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO WIRELESS DEVICES SOLD BY TWC OR SOFTWARE PROVIDED BY TWC, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WIRELESS DEVICES SOLD BY TWC MAY COME WITH A LIMITED WARRANTY OF THE ORIGINAL MANUFACTURER. SO LONG AS CUSTOMER CONTINUES TO RECEIVE THE WIRELESS DATA SERVICE IN CONNECTION WITH A WIRELESS DEVICE PURCHASED FROM TWC, TWC WILL ADMINISTER THE ORIGINAL MANUFACTURER’S WARRANTY FOR SUCH DEVICE AS THE MANUFACTURER’S DESIGNATED REPRESENTATIVE. TERMINATION OF CUSTOMER’S WIRELESS DATA SERVICE DOES NOT LIMIT THE ORIGINAL MANUFACTURER’S WARRANTY FOR SUCH DEVICE, ONLY TWC’S ADMINISTRATION OF SUCH WARRANTY. A COPY OF THE ORIGINAL MANUFACTURER’S WARRANTY IS AVAILABLE FOR INSPECTION BEFORE SALE AT www.twcbc.com/legal OR UPON CUSTOMER’S WRITTEN REQUEST. For purposes of clarity, wireless devices sold by TWC to Customer do not constitute TWC Equipment under the Terms and Conditions.
(c) If a wireless device of Customer’s is lost or stolen, Customer shall notify TWC immediately so that TWC can suspend the Wireless Data Service with respect to such device in order to prevent unauthorized use of the Wireless Data Service. Until TWC receives Customer’s report of a lost or stolen wireless device, TWC is entitled to assume that any use of the Wireless Data Service in connection with such device is authorized by Customer and Customer shall be responsible for any such use and associated charges.
7. Termination of Wireless Data Services
(a) If Customer cancels the Wireless Data Service (or if TWC terminates a Service Order for Wireless Data Service pursuant to Section 11(a) or 11(b) of the Terms and Conditions), TWC has the right to delete any data of Customer and/or its End Users that resides on TWC’s or its suppliers’ systems.
8. Conflicts
(a) In the event of a conflict between the terms of this Addendum and the Terms and Conditions, the terms of this Addendum shall control but only with respect to the Wireless Data Service.
TIME WARNER CABLE BUSINESS CLASS
WEBEX SERVICES FOR HEALTHCARE CUSTOMERS ADDENDUM
This Time Warner Cable Business Class WebEx Services for Healthcare Customers Addendum (“Addendum”) governs the Time Warner Cable Business Class WebEx Services for Healthcare Customers (“WebEx Services”) and constitutes an amendment to the Time Warner Cable Business Class Services Agreement Terms and Conditions applicable to Customer (“Terms and Conditions”).
Capitalized words used, but not defined, in this Addendum have the meanings given to them in the Terms and Conditions. A copy of the current version of the Terms and Conditions is available on the TWC web site, www.twcbc.com/legal.
1. WebEx Services
In order to be eligible to receive the WebEx Services, Customer also must be a current Data Service customer. Subject to the foregoing, TWC shall provide the following:
Cisco WebEx™ Web Conferencing: A collaboration solution based on WebEx Meeting Center from Cisco WebEx LLC (“Cisco”). WebEx is designed to allow multiple parties to simulate a "traditional" meeting. This solution includes a WebEx node hosted on TWC’s network. TWC Business Class Internet service customers may have their WebEx traffic routed on TWC’s Business Class network to this WebEx node without going to the WebEx cloud over the Internet.
2. Additional Terms and Conditions
In addition to the Terms and Conditions, Customer’s use of the WebEx Services is subject to the following terms and conditions:
(a) Customer shall take all reasonable precautions to prevent unauthorized access to the WebEx Services.
(b) Customer may not frame or utilize framing techniques to enclose any trade or service marks, or other proprietary information (including images, text, page, layout or form) of TWC or its agents or third-party providers, without TWC’s (or its agent’s or third-party provider’s, as applicable) prior written consent.
(c) Neither TWC nor any of its agents or third-party providers: (i) will be liable in any way for any content that is viewed, stored or transmitted via the WebEx Services, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, or delay, failure, interruption or corruption in the transmission of, such content; (ii) guarantee the accuracy of any information submitted by any user of the WebEx Services, nor any identity information about any user of the WebEx Services; or (iii) endorse or have any control over what Customer or other users post or submit via the WebEx Services.
(d) Customer understands and agrees that WebEx participants on a particular teleconference will need to access content submitted by the other WebEx participants in order for the teleconference to function. Accordingly, Customer agrees to grant and hereby does grant (and warrants and represents it has a right to grant) to TWC and its agents and third-party providers a world-wide, royalty-free, sublicensable (solely to deliver the WebEx Services), perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute any such content to WebEx participants in the applicable teleconference in the course of offering the WebEx Services to Customer; this license is automatically granted by Customer with respect to all content that is displayed, uploaded, exchanged or transmitted while using the WebEx Services.
(e) Although TWC and its agents and third-party providers do not monitor the content transmitted via the WebEx Services, TWC or its agents or third-party providers may reject, refuse to post, or remove any profile, posting or other data, or to restrict, suspend, or terminate Customer’s or any user’s access to all or any part of the WebEx Services if a profile, posting or data includes material that is unlawful, harassing, libelous, threatening or obscene or in violation of this Attachment, the Terms and Conditions, or a third party’s intellectual property rights. TWC and its agents and third-party providers also reserve the right not to take any action, but will provide prompt notice of the exercise of any of the above-referenced remedies.
(f) Customer will not use the WebEx Services to send unsolicited mass mailings outside Customer’s company. Customer further agrees not to use the WebEx Services to communicate any message or material that is harassing, libelous, threatening, obscene, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although TWC and its agents and third-party providers are not responsible for any such communications, they may delete any such communications of which they become aware, at any time without notice.
(g) Other than using the WebEx Services for conferences or meetings in which Customer is an active participant, and as permitted under the terms and conditions of this Attachment, Customer may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use WebEx Services to operate a website or otherwise generate income. In connection with Customer’s use of WebEx Services, if Customer elects to use a user identification or screen name issued by America Online (“AOL”), then such use shall be governed by the AOL Network Registered User Terms of Service: http://about.aol.aolnetwork/terms.
3. Support
Customer shall contact Customer Support at 1-866-606-5887 if Customer becomes aware of misuse of the WebEx Services by any person.
4. Equipment and Software Considerations; Disclaimer of Liability
(a) HARDWARE AND ANY SOFTWARE OR PRODUCTS SOLD, LEASED OR OTHERWISE PROVIDED BY TWC OR ITS AGENTS OR THIRD-PARTY PROVIDERS IN CONNECTION WITH THE WEBEX SERVICES, ARE PROVIDED ON AN “AS IS” BASIS. TWC MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ANY SUCH ITEMS SO PROVIDED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
(b) CUSTOMER SHALL BE SOLELY LIABLE FOR, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS TWC AND ITS SUPPLIERS FROM AND AGAINST, ANY CLAIMS, DAMAGES, LOSSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF MEDICAL ADVICE, MEDICAL TREATMENT, AND ANY SIMILAR SERVICES USING THE WEBEX SERVICES, OR ANY FAILURE IN THE PROVISION OF SUCH SERVICES. CUSTOMER SHALL OBTAIN THE WRITTEN AGREEMENT OF ANY END USER OF THE WEBEX SERVICES (E.G., A PATIENT) FULLY DISCLAIMING ON BEHALF OF TWC AND ITS SUPPLIERS ANY LIABILITY ARISING OUT OF OR RELATING TO SUCH MEDICAL ADVICE, MEDICAL TREATMENT, OR SIMILAR SERVICES, OR ANY FAILURE IN THE PROVISION OF SUCH SERVICES, PROTECTING THE RIGHTS OF TWC AND ITS SUPPLIERS, AND DISCLAIMING WARRANTIES AND LIMITING LIABILITIES ON BEHALF OF TWC AND ITS SUPPLIERS TO AT LEAST AS GREAT AN EXTENT AS THIS ATTACHMENT AND THE TERMS AND CONDITIONS. CUSTOMER WILL BE RESPONSIBLE FOR OBTAINING ALL NECESSARY WAIVERS AND PATIENT CONSENT FROM WEBEX PARTICIPANTS.
(c) For the avoidance of doubt, the warranty disclaimers and limitations of liability set forth in Section 13 and Section 14 of the Terms and Conditions shall apply in favor of TWC’s third-party providers and partners and each of their affiliates, suppliers and resellers.
5. TWC is Not a Business Associate
TWC periodically receives inquiries regarding its status under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended by the Health Information Technology and Clinical Health Act of 2009 (“HITECH”). TWC does not obtain any access to protected health information (“PHI”) when providing the WebEx Services, other than on an infrequent basis as necessary for the performance of the WebEx Services, or as otherwise required by law. Therefore, TWC is not a “business associate” or otherwise subject to HIPAA or HITECH.
6. Conflicts
In the event of a conflict between the terms of this Addendum and the Terms and Conditions, the terms of this Addendum shall control but only with respect to the WebEx Services.
TIME WARNER CABLE BUSINESS CLASS
TWC WIFI FOR BUSINESS ADDENDUM
This TWC WiFi for Business Addendum (“Addendum”) governs Customer’s participation in the TWC WiFi for Business program and constitutes an amendment to the Time Warner Cable Business Class Services Agreement Terms and Conditions applicable to Customer (“Terms and Conditions”).
Capitalized words used, but not defined, in this Addendum have the meanings given to them in the Terms and Conditions, A copy of the current version of the Terms and Conditions is available on the Time Warner Cable Business Class website at www.twcbc.com/legal.
1. TWC WiFi for Business
To be eligible to participate in the TWC WiFi for Business program (the “Program”), Customer must be a current Time Warner Cable Business Class Internet service subscriber. Subject to the foregoing, TWC will, and Customer grants TWC permission to, attach, install, maintain, operate, upgrade and remove WiFi-related equipment, cables and devices (“WiFi Equipment”) to, on and within Customer’s premises at the location(s) identified in the applicable Service Order. The WiFi Equipment will be operated by TWC, at no cost to Customer, in order to provide WiFi service at Customer’s location(s). Customer agrees to provide a standard power source for operation of the WiFi Equipment.
2. Additional Terms and Conditions
Customer grants TWC the right to advertise, market and otherwise promote Customer’s participation in the Program, and to promote Customer’s locations as TWC WiFi access points, in any and all forms of media now known or hereafter developed, in TWC’s sole discretion, and Customer grants TWC a license to use the names, trademarks and logos of Customer in connection with such advertising, marketing and promotion.
Customer will not be entitled to receive any refunds or credits against any fees paid to TWC for other Services should the TWC WiFi service at Customer’s location(s) be interrupted or fail, regardless of the length of time during which the TWC WiFi service is unavailable.
All WiFi Equipment constitutes TWC Equipment and will remain the property of TWC. The WiFi Equipment may not be relocated by Customer.
3. TWC Termination Rights
TWC may terminate Customer’s participation in the Program at any time, with or without cause, upon 5 days prior written notice to Customer. In addition, the failure by Customer to be a Time Warner Cable Business Class Internet service subscriber, or to pay any charges associated with Time Warner Cable Business Class services provided to Customer’s location(s) where WiFi Equipment is installed, may result in immediate termination of Customer’s participation in the Program.
4. Disclaimer of Warranty and Limitation of Liability
THE WIFI EQUIPMENT AND TWC WIFI SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TWC will be responsible for any damages directly caused by its installation, operation, maintenance, repair or removal of the WiFi Equipment and, except for such damages, TWC WILL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING UNDER THIS AGREEMENT.
5. Conflicts
In the event of a conflict between the terms of this Addendum and the Terms and Conditions, the terms of this Addendum shall control but only with respect to the TWC WiFi for Business program.
TIME WARNER CABLE BUSINESS CLASS
TECH SUPPORT SERVICES ADDENDUM
This Time Warner Cable Tech Support Services Addendum (“Addendum”) governs the Time Warner Cable Business Class Tech Support Services (“Tech Support Services”) and constitutes an amendment to the Time Warner Cable Business Class Services Agreement Terms and Conditions applicable to Customer (“Terms and Conditions”). Capitalized words used, but not defined, in this Addendum have the meanings given to them in the Terms and Conditions. A copy of the current version of the Terms and Conditions is available on the TWC web site, www.twcbc.com/legal.
1. Scope of Tech Support Services
You must be a Time Warner Cable Business Class Data Service subscriber to use the Tech Support Services. Tech Support Services are offered on a subscription basis, and certain services also are available individually on a one-time basis. The subscription-based Tech Support Services, referred to as “Tech Support Essentials”, are subject to the additional terms and conditions set forth in Section 2, below, and the one-time Tech Support Services are subject to the additional terms and conditions set forth in Section 3, below.
2. Tech Support Essentials
(a) Services Generally. Tech Support Essentials is comprised of the following services: (i) remote IT support (as described in Section 2(c) below), (ii) anti-virus protection, and (iii) online data backup. The service includes the following software: EasySupport remote access software, McAfee Anti-Virus, and Business Class Online Backup (“Support Software”). Tech Support Essentials is provided on a per-Seat basis, where a “Seat” is defined as a single Customer computer (a “Computer”) and covered peripheral devices. Customer may not use the Tech Support Essentials service or the Support Software for or on any other computers or devices. Customer will be charged the monthly Service Charge set forth on the Service Order for each Seat.
(b) Per-Seat Minimum Service Term. The term of service for each Seat for which Tech Support Essentials service is ordered (the “Minimum Service Term”) shall be the term selected by Customer on the Service Order, which shall not be less than one (1) year.
(c) Covered Hardware; Scope of Services; Service Limitations. Tech Support Service is only available with respect to the following Computers and peripherals (“Covered Hardware”):
Computers
Windows XP, Windows Visa, or Windows 7, with at least 512MB of RAM.
Peripherals
Tablets and smartphones that meet the following OS requirements: Android OS 2.0 and above, Apple iOS 4.0 and above, or Blackberry OS 5.0 above.
Tech Support Essentials remote IT support includes installation and set-up of the Support Software, issue diagnosis and resolution, Microsoft Office Suite technical support, technical support for other commonly-used business software (provided that it has not been materially customized or otherwise altered), virus/malware/spyware clean-up, and printer and scanner set-up. Tech Support Services do not include any training or instruction regarding the use of the Covered Hardware or any other hardware or software. Problems with Covered Hardware or software that cannot be resolved remotely after TWC’s reasonable commercial efforts are outside the scope of the Tech Support Services. Customer may use the Tech Support Services only on Computers in the United States.
(d) Support Software. Customer acknowledges and agrees that use of all Support Software and any other third party software provided with or made available through the Tech Support Services is subject to the license agreements and associated privacy notices provided or made available to Customer by TWC or a third party or that may appear or be referenced when Customer accesses or downloads the software or which is otherwise provided to Customer in writing.
(e) Data Backup. Data backup includes only Customer’s data stored on the single Computer associated with the Seat. Installed software is not backed up. During initial installation of the Support Software, Customer may select which locations on the Computer will be included in the remote backup. Unless Customer changes the default setting, no other data will be included in the backup. New data stored in the specified locations will be backed up during the next scheduled periodic backup. Upon the expiration or termination of the Service Term for a Seat, Customer will have no access to the Seat’s stored backup data, regardless of whether Customer transitions to a different TWC data back-up offering. It is therefore Customer’s responsibility to ensure that Customer has a copy of all needed data prior to the expiration or termination of the Service Term.
(f) Authorization to Access Customer’s Computer. Customer hereby authorizes TWC or a Third Party Service provider to access, control, gather system data from, and make changes to, each Computer for the purposes of diagnosis, service and repair in connection with the Tech Support Services, and to download and use software to and on each Computer (and, in doing so, accept any necessary license agreements on Customer’s behalf) in connection with such services. TWC (or the Third Party Service Provider) will not access, use or disclose any Customer data stored on a remotely-accessed Computer except to the extent necessary to perform the Services.
(g) Recording and Monitoring of the Services. TWC and its Third Party Service provider may, but shall have no obligation to, monitor and record the Tech Support Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. TWC may use or disclose any recorded information as necessary or appropriate to satisfy any law, regulation or other governmental request, to provide the Tech Support Services to customers, to protect TWC and its customers, and to enhance the types of services TWC may provide in the future.
(h) Customer Responsibilities. Customer shall provide TWC or TWC’s Third Party Service provider with all access necessary for TWC to install and configure the Support Software. Customer shall cooperate with TWC and its Third Party Service provider, including by promptly responding to requests for information and promptly complying with requests to take actions to resolve problems. Customer shall not remove, disable, or modify any Support Software; provided, however, that Customer may replace McAfee Anti-Virus with any of the following, TWC-approved anti-virus software products: Norton, AVG, CA, Panda, Trend Micro, F-Secure, Webroot, Avira, Kaspersky, Avast! or Microsoft Security Essentials. Customer shall be responsible for ensuring that McAfee Anti-Virus or other approved anti-virus software is installed and up-to-date on all Computers. Customer shall at all times be responsible for any problems with Covered Hardware caused by, or which might have been prevented but for, Customer’s failure to comply with its obligations.
(i) Registration, Passwords and Security. Customer is responsible for maintaining the confidentiality of any password or account information Customer receives from TWC, and is responsible for all activities that occur using that password or other account information. Customer must notify TWC immediately upon learning of any unauthorized disclosure or use of Customer’s password or other account information. TWC has no liability for any unauthorized use of the Tech Support Services under Customer’s account or on a Computer.
3. One-Time Tech Support Services
(a) General Terms. Customers purchasing Tech Support Services on a one-time basis will receive only the specific one-time service selected by Customer, and such services are available only with respect to Covered Hardware (as defined in Section 2(c), above). Customer’s use of one-time Tech Support Services is subject to the terms of this Section 3, as well as the terms set forth in Sections 2(c) and 2(d), and Sections 2(f) through 2(i), above, as and to the extent applicable. Certain services may require the installation and use of EasySupport remote access software.
(b) Service Fee. Customer will be charged the applicable service fee after the one-time Tech Support Service is completed. In the event that the service is not completed, the service fee will not apply, unless the failure to complete the service is due in whole or in part to Customer’s failure to meet its obligations under Section 2(h) above (Customer Responsibilities). If TWC determines that, despite its reasonable commercial efforts, it is unable to satisfactorily provide the requested service, TWC will have no further obligation to continue to attempt to provide the service and no service fee will apply.
(c) Available Services. The Tech Support Services that are available on a one-time basis are listed at twcbc.com/techsupportsuite, along with additional terms and conditions that apply to each Service.
4. Modifications to the Tech Support Services
TWC may modify or discontinue any or all aspects of the Tech Support Services (including the hours of availability) by changing the on-line version of this Addendum. Use by Customer or its End Users of Tech Support Services after any change(s) in this Addendum shall constitute acceptance of such change(s), and Customer shall be bound by this Addendum as so revised.
5. Conflicts
In the event of a conflict between the terms of this Addendum and the Terms and Conditions, the terms of this Addendum shall control but only with respect to the Tech Support Services.
