Southwestern Cable TV
Road Runner Service Subscriber Agreement


This Agreement is made and entered into this ______ day of 19 , by and
between Time Warner Entertainment-Advance/Newhouse Partnership through
its San Diego Division. doing business as Southwestern Cable TV
(hereinafter referred to as Cable Company), which is in the business
of furnishing cable television and other entertainment, data and
telecommunication services to certain communities in the State of
California, and _______ (hereinafter referred to as Subscriber), whose
address is ______ (hereinafter referred to as the Premises).

Whereas it is the desire of Subscriber to have Road Runner High-Speed
On-Line Cable Modem Service available to its Premises, and

Whereas it is the desire of Cable Company to install and make its Road
Runner High-Speed On-Line Cable Modem Service available at the
aforesaid address.

Now, therefore, the parties agree as follows:

1. Definitions.

(a) "Computer" means Subscriber's personal computer that will be used to access the service. A Computer will need to meet certain minimum requirements that will be specified by Cable Company. (b) "Equipment" means the cable modem and any other equipment, if necessary, to be installed at a Subscriber's Premises, as described in Section 4a. (c) "Service" means the Road Runner high speed on-line cable modem service offered by Cable Company. (d) "Software" means the computer software licensed by Cable Company to Subscriber to enable a single Computer to access the Service through the Equipment, as described in Section 4a. (e) "Subscriber" means a person who establishes and maintains an authorized account ("Account") for access to and use of the service.

2. General.

(a) This Agreement sets forth the terms and conditions which apply to the use of the Service by Subscriber. No representation, warranty, term or condition, other than as specifically set forth in this Agreement, shall be binding on Cable Company. (b) Cable Company shall have the right at any time to change or discontinue any aspect or feature of the Service, including but not limited to content, hours of availability, and equipment needed for access to and for use of the Service. Either party may terminate this Agreement at any time, except as described in Extended Service Plans. (c) Subscriber is responsible for all use of Subscriber's Account in all circumstances, including under any screen name or password used by any person. Subscriber will ensure that all use of Subscriber's Account compiles fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password. (d) Subscriber represents and warrants that he or she is at least 18 years of age. Subscriber may, at their discretion, permit minors to use the Service under adult supervision. (e) Transfer of the Service to any other person, or to new residence, is prohibited. (f) Subscriber agrees that Equipment and Software is installed at a residential location, and that Service use is limited to non-commercial applications only. Commercial use of Service, or installation outside of a residential location is prohibited, and is available only under separate Service Agreement. Cable Company reserves the right to adjust billing rates and fees retroactively if the Equipment and Software is utilized for a commercial application.

3. Charges.

(a) Subscriber agrees to pay for the Service that he or she has subscribed to, including applicable charges for installation and all applicable local, state or federal fees or taxes. Monthly charges for the Service are set forth on a separate price list and are subject to change. Service charges will be billed monthly in advance, and are payable on the due date specified on the bill. (b) An administrative late charge will be charged on accounts 30 days past due. There will be only one such administrative charge for each month's charges not paid when due. (c) A Subscriber who discontinues the Service, will be required to pay all current and past due balances. If the Subscriber reconnects the Service, a reconnect charge or trip charge (where applicable) will apply. (d) Cable Company will charge a service fee for all returned checks and bank card or charge card chargebacks. (e) Subscriber will be responsible for all expenses (including reasonable attorney's fees) incurred by Cable Company in collecting any past due amounts owed by Subscriber, in accordance with this Agreement.

4. Equipment and Software.

(a) The charges for the Service include (1) rental of a cable modem and other equipment, if necessary, to be installed at the Subscriber's Premises to permit connection of a single Computer to the Service, and (2) license of the Software. Connection of additional Computers to the Equipment my require payment of additional charges. (b) Cable Company will install the Equipment. Cable Company may request permission to access Subscriber's Premises to gain access to Subscriber's equipment periodically during the term of this Agreement to install, connect, inspect, maintain, repair of alter the Equipment, or to disconnect and remove the Equipment. (c) Connection to the Service requires installation of software and an approved ethernet network interface card in the Subscriber's Computer. Cable Company may appoint a Third Party computer technician who will be responsible for this installation. Cable Company will assume no responsibility or liability for Subscriber's computer, hardware, software, or data, directly or indirectly related to this service. (d) If Subscriber is not the owner of the Premises upon which Equipment and Software are to be installed, Subscriber warrants that he/she has obtained the consent of the owner of the Premises for Cable Company personnel to enter the Premises for the purposes described in Section 4b.

(e) Equipment

(i) The installed Equipment is and at all times shall remain the sole and exclusive property of Cable Company, and Subscriber shall acquire no interest therein by virtue of the payments provided for herein or otherwise. Subscriber will not open, alter, misuse, tamper with or remove the Equipment as and where installed by Cable Company, and will not remove any markings or labels from the Equipment indicating Cable Company ownership. Subscriber will safeguard the Equipment from loss or damage of any kind, and will not permit anyone other than an authorized representative of Cable Company to perform any work on the Equipment. (ii) Upon termination of the Service, for whatever reason, Subscriber acknowledges that the right to possess and use the Equipment shall likewise terminate In such event, the Equipment shall be returned to Cable Company in the same condition as when received ordinary wear and tear excepted. If the foregoing conditions are met, Cable Company will return Subscriber's security deposit, if any, within 30 days of receipt of said equipment. (iii) If the Equipment is damaged, destroyed, lost or stolen while in the Subscriber's possession, Subscriber shall be liable for the cost of repair or replacement of the Equipment. If the Equipment is not returned to Cable Company as described in Section 4.e.iii. upon termination of the Service, Subscriber will pay Cable Company the sum of Five Hundred Dollars ($500.00) representing the replacement cost of the Equipment without any deduction for depreciation, wear and tear or the physical condition of such Equipment. Cable Company may apply any security deposit to any such obligation of Subscriber, and collect any remaining balance from Subscriber. In the event any amount is deducted from the security deposit, the Subscriber must replace the amount so deducted before service can be reconnected.

(f) Software

(i) Cable Company grants to the Subscriber a limited, non-exclusive license to use the Software, in object code form only, solely for the purpose of connecting the Subscriber's single Computer to the Service. This license will permit such use by Subscriber and any person authorized by Subscriber to use the Account, under any password or screen name, provided that Subscriber shall be responsible for all use of the Account as described in Section 2d. This license will commence upon acceptance of Subscriber's subscription for Service and will terminate immediately upon termination of the Service to Subscribe for any reason. Cable Company retains all right and interests in and to the Software. (ii) Subscriber is permitted to archive the Software, provided that all such copies contain the same copyright notices and proprietary markings as the original Software. Subscriber will not, and will not permit, any other copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of, or preparation of any derivative works based on the Software, all of which are prohibited. (iii) Subscriber will return or destroy all Software and any related written material together with any copies promptly upon termination of the Service to Subscriber for any reason.

5. Subscriber Conduct

(a) Subscriber shall use the Service for lawful purposes only. Subscriber shall not post or transmit through the Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others (including copyright) that is unlawful, threatening, abusive, obstructive, harassing, deflamatory, invasive of privacy or publicity rights, vulgar, obscene, or profane that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without Cable Company's prior written approval, contains advertising or any solicitation with respect to products or services. (b) The Service contains copyrighted material, trademarks and other proprietary information, and the entire contents of the Service are copyrighted as collective work under the United States copyright laws. Subscriber may download copyrighted material solely for Subscriber's personal use. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of download material will be permitted without the express prior written consent of Cable Company and , where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. Subscriber may download public domain materials for Subscriber's own use or non-commercial distribution. (c) Subscriber shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner thereof. Subscriber may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials are in the public domain. Subscriber hereby grants Cable Company the right to edit, copy, publish and distribute any material made available on the Service by Subscriber, including, but not limited to, postings to chat services, forums, and bulletins boards on the Service. (d) The provisions of this Section 5 are for the benefit of Cable Company, its affiliates and its third party content or information service providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

6. Service and Repairs

Cable Company will repair its faulty Equipment, modify Software, and attempt to correct interruptions of Service, due to reasonable Equipment wear and tar or technical malfunction, at Cable Company's expense. Other repair or replacement will be at Subscriber's expense under section 4.e.iii.

7. Service Interruptions: Force Majeure

In the event of complete failure of Service due to technical malfunction for twenty-four (24) consecutive hours or more, Subscriber is entitled to a prorated credit upon request. To qualify for an adjustment, Subscriber must request a credit within thirty (30) days of the failure. Cable Company shall have no liability, including as set forth in this Section 7, for interruption of Service due to circumstances beyond its control, including without limitations, acts of God, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.

8. Disclaimer of Warranty: Limitation of Liability

SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. NEITHER CABLE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT OR INFORMATION SERVICE PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVER OR MERCHANDISE PROVIDED THROUGH THE SERVICE. CERTAIN CONTENT MAY BE OBJECTIONABLE AND SUBSCRIBERS MUST EXERCISE THEIR OWN DISCRETION WHEN ALLOWING MINOR TO USER THE SERVICE. CABLE COMPANY DOES NOT ENDORSE OR WARRANT, AND SHALL NOT BE RESPONSIBLE IN ANY REGARD FOR, ANY MERCHANDISE OR SERVICE ORDERED THROUGH THE SERVICE FROM THIRD PARTIES OR OTHER COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL INDEMNIFY CABLE COMPANY FOR ALL LIABILITY IN CONNECTION THEREWITH. THE SERVICE, THE EQUIPMENT AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER CABLE COMPANY NOR ITS AFFILIATES NOR ANY OF ITS SUPPLIERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WITH REGARD TO THE OPERATION OR REPAIR OF SUBSCRIBER'S COMPUTER, OR FOR ANY LOSS OF DATA BY SUBSCRIBER, HOWEVER CAUSED. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7, IN NO EVENT (INCLUDING NEGLIGENCE) WILL CABLE COMPANY OR ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THERE SERVICE (INCLUDING THE CONTENT INCLUDED THEREIN OR THE INFORMATION SERVICES ACCESSED THEREBY), THERE EQUIPMENT OF THE SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USER OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THE SECTION 8 SHALL APPLY TO ALL CONTENT OR INFORMATION SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICE, AND ARE FOR THE BENEFIT OF CABLE COMPANY, ITS AFFILIATES, THIRD PARTY CONTENT AND INFORMATION SERVICE PROVIDERS AND ITS SUPPLIERS, AND THEIR RESPECTIVE EMPLOYEES AND AGENTS (EACH OF WHICH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THE PROVISIONS OF THIS SECTION 8 DIRECTLY ON ITS OWN BEHALF).

9. Monitoring.

Cable Company shall have the right, but not the obligation, to monitor the content of the Service, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and any operating rules established by Cable Company. Cable Company will have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, or Cable Company right under Section 2, Cable Company shall have the right to remove any material that Cable Company, in its sole discretion, finds to be in violation of the provision hereof or any operating rules established by Cable Company hereafter, or otherwise to be circumstances, however, does or will Cable Company undertake any obligation to review or determine the accuracy of any Subscriber postings. Subscriber shall be responsible for and shall indemnify Cable Company for any liability resulting from Subscriber's postings, including for defamation, copyright, trademark or other proprietary right infringement, or otherwise.

10. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless Cable Company, its affiliates and third party content and information service providers and their respective officers, directors, employees and agents, from and against all claims and expenses, including attorney's fees arising out of the use of the Service by Subscriber or otherwise arising out of the use of Subscriber's Account.

11. Notification

Subscriber's privacy interests, including Subscriber's ability to limit disclosure of certain information to third parities, are safeguard by provisions of the Cable Communications Policy Act of 1984, as amended. Subscriber's right under the foregoing law, and Cable Company's privacy practices, are described in the Subscriber Privacy Notice delivered to Subscriber and incorporated by reference. Subscriber acknowledges receipt of the Subscriber Privacy Notice.

12. Miscellaneous

This Agreement and any operating rules for the Service established by Cable Company now or hereafter constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject mater; provided that any other subscription or customer agreement relating to Subscriber's cable television service with Cable Company shall remain in full force and effect. Acceptance of Service shall constitute acceptance of the terms and conditions herein. In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of the Agreement shall remain in full force and effect. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding of subsequent breach or default. ACKNOWLEDGED AND ACCEPTED: Cable Company: Time Warner Entertainment-Advance/Newhouse Partnership through its San Diego Division doing business as Southwestern Cable TV Signature: Subscriber Signature: Print Name: Print Name: Title: Date: Date: