Bright House Networks
User Agreement and Terms and Conditions of Use
Last Revised: January 11, 2007
The following User Agreement ("Agreement") governs the use of www.cfl.mybrighthouse.com (“Website”), including without limitation participation in its bulletin boards, forums, personal ads, chats, and all other areas (except to the extent stated otherwise on a specific page) as provided by Bright House Networks ("Service Provider,", “we,” or “our”).
Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://www.cfl.mybrighthouse.com/customer_care/policies/default.aspx. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Website.
In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Website constitutes agreement to its terms and conditions as well.
The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider's other remedies.
Registration and Account Creation
1. REGISTRATION INFORMATION:
Service Provider may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available. Otherwise, contact our Privacy Policy Coordinator as described in our Privacy Policy.
2. USE OF USER ID/PASSWORD:
A. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, who has access to any computer on which your account resides or is accessible.
C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify our Privacy Policy Coordinator as described in our Privacy Policy.
3. FEES AND PAYMENTS:
A. Service Provider or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
B. If you submit your credit, debit or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
Rules of Usage:
- USE OF THE SERVICE BY YOU:
A. Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website.
B. The Website contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. You may download material from the Website and may use the Website for your personal use only, provided you keep intact all copyright and other proprietary notices.
C. The Website is not intended for users under the age of 13, and Website Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
D. You agree not to use any obscene, indecent, or offensive language or to place on the Website any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
E. You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
F. The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Website Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
G. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Website.
H. You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Website.
I. Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
J. You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
- COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER: Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
- USE OF MATERIAL SUPPLIED BY YOU: For information regarding use of personal information you supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.
- COPYRIGHT COMPLAINTS:
A. Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
B. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
i. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
iv. Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent:
Jerry Birenz Esq.
Sabin, Bermant & Gould LLP
4 Times Square, 23rd Floor
New York, NY 10036-6526
By phone: (212) 381-7057
By fax: (212) 381-7233
By email:copyright@sbandg.com
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
For communications on other matters, please contact Service Provider as described on the Website, or e-mail cfl.webmaster@mybrighthouse.com.
- MERCHANDISE SOLD ON OR THROUGH THE WEBSITE: Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured ,mentioned, or sold by others on or through the Website. Transactions for any such item shall be between the user and the third party seller, without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website, including illegal, offensive or illicit items, even items that violates this Agreement.
- INDEMNIFICATION: You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.
- EDITING AND DELETIONS: Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.
- ADDITIONAL RULES: Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Such additional rules will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional rules.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
- TERMINATION OR SUSPENSION OF ACCESS TO THE SERVICE: Service Provider has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
- JURISDICTION: Service Provider makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Florida applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Florida. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
- AUCTIONS: We may at times offer auctions on the Website; should we do so, we will use third-party service provider(s) to administer the auctions. You must agree to such third party's user agreements, contracts and rules pertaining to the use of its service. Neither Service Provider nor its auction service provider(s) have any control or assume responsibility for the quality, safety or legality of the items advertised. We provide a venue to bring buyers and sellers together over the Internet. If you participate in auctions on the Website, please note that Service Provider does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the auction services.
- ASSOCIATED PRESS: The following provision applies to all visitors to the Website (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content). By accessing this Website, you specifically acknowledge and agree that: (i)Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (jjj) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the rights to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
If you don't agree to the terms contained in this Agreement, please exit the Website by clicking the Back button on your browser to return to the previous page.
Online Account Manager Terms and Conditions of Use
Bright House Networks, LLC, Central Florida Division Online Account Manager Terms and Conditions of Use
Last Revised: April 13, 2006
Definitions:
- As used in these Terms and Conditions (the "Agreement"), the following terms shall have the following meanings:
- "BHN" or "Company": means Bright House Networks, LLC, Central Florida Division.
- "Business Day": means Monday through Friday, excluding Federal Reserve holidays and Bright House Networks holidays.
- "Customer": means the person, at least 18 years of age, who ordered Bright House Networksservices and signed the Bright House NetworksCustomer Agreement at the time those services were installed.
- "Customer Service Hours": means 24 hours a day, seven days a week.
- "Cutoff Time": means 10 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.
- "Equipment": means any or all of the following: Channel Selector(s), Remote Control(s), DCR Adaptor(s), High Speed Modem(s), Software, Network Interface Card(s), Multimedia Terminal Adaptor(s), and any other equipment installed in or on Customer's premises by BHN. Equipment does not include any items owned by Customer or purchased by Customer from BHN.
- "Payment": means the information provided by you to the Service for one or more bill payments to be made to BHN.
- "Payment Account": means your checking, savings or debit card from which your bill payments will be made.
- "Payment Instructions": means the banking instructions you enter with respect to the Payment.
- "Payment Send Date": means the Business Day(s) of your choice upon which your bill payment(s) will be made through your Payment Account (a Payment Send Date of a non-Business Day will be considered to be the previous Business Day).
- "Service" or "Online Account Manager": means the Internet bill payment and online ordering service offered by BHN.
- "Service Provider": means any third party providing the Service on behalf of BHN.
Bill Payment
When initiating a Payment, you authorize Bright House Networks to remit funds on your behalf from your Payment Account in accordance with your Payment Instructions.
- A particular bill payment is "Pending" starting from the time you enter a Payment until the payment is "Processing".
- A particular bill payment is "Processing" starting at the Cutoff Time of the date selected by you as the "Payment Send Date" until confirmation is received by the Service that the payment was successful.
- A particular bill payment is considered "Paid" after the Service receives a remittance file from the payment processor indicating a successful payment.
- You may cancel or edit any Pending Payment by following the directions within the Service.
- There is no charge for canceling or editing a Pending Payment.
- Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day.
- In any other event, including, but not limited to, choosing a Payment Send Date less than two (2) Business Days before the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.
- BHN will provide up to six (6) months of account history through the Service. You may request account history beyond six (6) months in writing or by contacting a Bright House Networksoffice.
BHN will use commercially reasonable efforts to make all your payments properly. However, Bright House Networksshall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:
- If, through no fault of BHN, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your credit card or overdraft account, or your Payment Account does not otherwise permit the transaction to be executed;
- The Service is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- BHN or the Service Provider mishandles or delays a payment sent by the Service;
- You have not provided the Service with the correct Bright House Networksaccount information to process your payment accurately; or,
- Circumstances beyond the control of Bright House Networksor the Service Provider (such as, but not limited to, fire, flood, Internet delays, interruption or malfunction, or interference from an outside force) prevent the proper execution of the transaction.
Provided none of the foregoing five (5) exceptions are applicable, if Bright House Networksor the Service Provider causes an incorrect amount of funds to be removed from your Payment Account, Bright House Networksor the Service Provider shall be responsible for returning the improperly transferred funds to your Payment Account.
THE FOREGOING SHALL CONSTITUTE BHN'S AND THE SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL Bright House Networks OR THE SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE SERVICE.
Recurring Payment Authorization
CREDIT CARD and DEBIT CARD
By agreeing to these terms and conditions, you authorize BHN to automatically charge the credit card or debit the debit card that you have specified each month for the total balance due on your monthly BHN statement. You agree that the credit or debit card specified by you for automatic recurring monthly payments to BHN is and will continue to be an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card, as applicable, to pay your monthly BHN statement. The automatic monthly charge to your credit card or debit to your debit card will occur on or after the payment due date on your BHN statement. The total balance due on your BHN statement may vary from month to month depending on the services provided.At least 10 days before the payment due date, BHN will send you your statement via the US mail or send you an email informing you that the statement is available for viewing online, or send both the statement by mail and the email about its availability, depending on the billing method selected by you. Your monthly BHN statement will constitute your notice of any variance in the amount that will be charged to your credit card or debited to your debit card from month to month.
If you have any questions about the total balance due on your BHN statement, you should contact BHN at the Customer Service numbers referenced below. You may cancel your automatic recurring charge payment authorization by following the appropriate instructions on the BHN online bill payment section or by contacting BHN Customer Service. BHN reserves the right to cancel this automatic recurring payment option at any time. If the automatic recurring payment option is cancelled by you or BHN, you will receive a credit to your account for any days you paid for, but did not use. If the automatic recurring charge payment option is cancelled, you are responsible for making arrangements to pay the total amount due on your BHN statement each month.
It may take up to 30-days for your automatic recurring payment option to be set up. Please continue to pay the total amount due on your BHN statement until the recurring charge option is set up.You will know the option is set up when you see a message on your BHN statement indicating“Do Not Pay.” You can also log on to your account or call BHN Customer Service at [fill in number] to see the status of your recurring payment set up.
These terms and conditions shall constitute your copy of your authorization to BHN to charge your credit card or debit your debit card each month in the amount of the total balance due on your BHN statement.You agree that providing the information requested by BHN to set up automatic recurring payments, checking the “I accept these terms and conditions box”, and clicking “continue”to confirm that you read and understood the recurring payments terms and conditions, constitutes a “writing signed by you.”
CHECKING OR SAVINGS ACCOUNT
By agreeing to these terms and conditions, you authorize BHN to electronically transfer each month, from the checking or savings account that you have specified the total balance due on your monthly BHN statement. You agree that the checking or savings account specified by you for automatic recurring monthly payments to BHN is and will continue to be an account that you own, and that you will maintain sufficient funds in that account to pay your monthly BHN statement. The automatic monthly electronic fund transfer from your checking or savings account will occur on or after the payment due date on your BHN statement. The total balance due on your BHN statement may vary from month to month depending on the services provided.At least 10 days before the payment due date, BHN will send you your statement via the US mail or send you an email informing you that the statement is available for viewing online, or send both the statement by mail and the email about its availability, depending on the billing method selected by you.Your monthly BHN statement will constitute your notice of any variance in the amount that will be transferred from your checking or savings account from month to month.
If you have any questions about the total balance due on your BHN statement, you should contact BHN at the Customer Service numbers referenced below. You may cancel your automatic recurring charge payment authorization by following the appropriate instructions on the BHN online bill payment section or by contacting BHN Customer Service. BHN reserves the right to cancel this automatic recurring payment option at any time. If the automatic recurring payment option is cancelled by you or BHN, you will receive a credit to your account for any days you paid for, but did not use. If the automatic recurring charge payment option is cancelled, you are responsible for making arrangements to pay the total amount due on your BHN statement each month.
It may take up to 30-days for your automatic recurring payment option to be set up. Please continue to pay the total amount due on your BHN statement until the recurring charge option is set up. You will know the option is set up when you see a message on your BHN statement indicating “Do Not Pay.” You can also log on to your account or call BHN Customer Service at [fill in number] to see the status of your recurring payment set up.
These terms and conditions shall constitute your copy of your authorization to BHN to make an electronic fund transfer from your checking or savings account each month in the amount of the total balance due on your BHN statement. You agree that providing the information requested by BHN to set up automatic recurring payments, checking the “I accept these terms and conditions box”, and clicking “continue”to confirm that you read and understood the recurring payments terms and conditions, constitutes a “writing signed by you.”
Online ordering and upgrading
Only the primary account holder named on the Bright House Networkscable bill may order or upgrade services through the Online Account Manager.
Persons establishing new service must be 18 years of age or older and must be present during the scheduled time for installation in order for services to be installed. Proper identification may be required.
Persons establishing new service may be required to pay installation fees and prorated fees for the first few weeks of service before services can be installed.
Appointments for upgrades or installations may be cancelled or rescheduled through the Online Account Manager up to 36 hours before the scheduled appointment time. Appointments scheduled to take place in 36 hours or less can only be canceled by calling Bright House Networksoffices at 407-291-2500.
If Customer is not the owner of the premises in which the Equipment is to be connected, Customer warrants that he or she has the consent of the owner of the premises to authorize access and modification to the premises by Bright House Networks to make the connection(s) and install the service(s) requested through the Online Account Manager Service.
BHN will assume no responsibility or liability for damages, destruction or alterations of Customer's computer hardware, software, or data, directly or indirectly related to (1) the installation of the Equipment, software and an approved Internet network interface card in the Customer Computer and (2) Customer's operation and use of the Software, equipment or services.
The Equipment may be capable of impulse pay-per-view (PPV) or Video-on-demand (VOD) ordering. Customer accepts full responsibility for all PPV and VOD product charges ordered on his or her account. Customer may block PPV or VOD ordering by using the parental control feature of the Equipment, or by calling BHN's office to request that PPV or VOD ordering be restricted.
Exclusions of warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Password and security
- To use the Service, you must complete the online registration process by providing Bright House Networkswith complete and accurate information on the registration form.
- As part of the registration process you will choose a user name, and provide an email address and other information used for security and verification purposes. BHN will send you an email confirming your online registration and provide you with an initial password that can be used to access the site; you will be able to change the password by going to the “Update User Profile” portion of the website.
- Your user name and password (known as a PIN) will be needed to access your account through the Service. You agree not to give or make available your PIN or provide other means to any unauthorized individuals to access the Service.
- It is your responsibility to keep this email address current and to inform BHN of any changes to your email address.
- Except as provided herein, you are responsible for all bill payments, orders and upgrades made through the Service using your PIN.
- Except as provided herein, you are entirely responsible for any and all activities that occur through one's use of your PIN with the Service. You could be held liable for losses incurred by Bright House Networksor another party due to someone else's use of your PIN or account with the Service.
- Except as provided herein, Bright House Networkswill not be responsible for any loss you may incur as a result of someone else's misuse of your PIN, banking information, credit or debit card information or account through the Service either with or without your permission.
- Contact us AT ONCE by telephone at 407-291-2500 during normal Customer Service Hours if you believe that your PIN or other means to access your Payment Account through the Service has been lost or stolen or that someone may attempt to use the Service with your PIN but without your consent or has transferred money using your PIN but without your permission. If you tell Bright House Networkswithin two (2) Business Days after you learn of the loss or theft of your PIN or Payment Account information, you can lose no more than $50 if someone used your Payment Account in connection with the Service without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your PIN or Payment Account information, and Bright House Networksproves that it could have stopped someone from using your PIN or Payment Account information in connection with the Service if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, notify Bright House Networksat once by telephone at 407-291-2500 during normal Customer Service Hours. If you do not notify Bright House Networkswithin sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if Bright House Networkscan prove that it could have stopped someone from taking the money if you had notified Bright House Networkswithin 60 days.
Errors and questions
In case of errors or questions about your online transactions, you should contact us as soon as possible at 407-291-2500 during normal Customer Service Hours.
If you think that your statement is wrong or you need more information about a transaction listed on the statement, Bright House Networksmust hear from you no later than sixty (60) days after you received the FIRST statement on which the problem or error appeared. You must:
- Tell Bright House Networksyour name and account number;
- Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
- Tell Bright House Networksthe dollar amount of the suspected error.
- If you tell Bright House Networksverbally, Bright House Networksmay require that you send your complaint in writing within ten (10) Business Days after your verbal notification to the following address:
Bright House Networks
2251 Lucien Way
Suite 200
Maitland, FL 32751
Attn: Accounts Receivable
- BHN will tell you the results of its investigation within thirty (30) Business Days after we hear from you and will move to correct any error promptly.
- If Bright House Networksneeds more time, however, Bright House Networksmay take up to forty-five (45) days to investigate the complaint or question.
- If Bright House Networksdecides there was no error, Bright House Networkswill contact you with an explanation within three (3) Business Days after it finishes the investigation.
Disclosure of account information to third parties
By completing the enrollment form, you are authorizing Bright House Networksto display billing and payment information on a secured Internet site. Bright House Networkswill disclose information to third parties about your account or the transactions you make ONLY in the following situations:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
- As permitted otherwise by this Agreement, the Customer Agreement, BHN's Website User Agreement set forth here, or BHN's privacy policy set forth at Privacy Policy.
Charges
There are no charges to you associated directly with the Service. Any fees associated with your Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
In the event a service transaction is returned
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If Bright House Networksor Service Provider are unable to complete the transaction through the Service for any reason associated with your Payment Account (for example, there are not sufficient funds or credit in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from BHN. In such case, you agree that:
- You will reimburse Bright House Networksimmediately upon demand the transaction amount that has been returned to BHN.
- You shall be liable for late payment charges, insufficient fund charges, or any other applicable charges.
- BHN is authorized to report the facts concerning the return to a credit-reporting agency.
Alterations and amendments
BHN reserves the right to change this Agreement from time to time, including without limitation, with respect to applicable fees and service charges. Further, Bright House Networksand/or the Service Provider may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing this Agreement. Your continued use of the Service shall constitute your agreement to all Terms and Conditions and all amendments to these Terms and Conditions of Use.
Address or banking changes
You agree to promptly notify Bright House Networksat least ten (10) Business Days in advance of any change in your Payment Account, or your banking status. This must be done through the Online Account Manager. You are responsible for keeping your correct and current email address information in your user profile in the Service.
Termination or discontinuation
In the event you wish to discontinue use of the Service, you can do so by un-enrolling through the Service or by contacting BHN's Customer Relations Center by one of the means listed below. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date.
- Email: cfl.customercare@mybrighthouse.com
- Telephone: 407-291-2500
BHN may terminate the Service or service to you at any time and/or revoke your right to use this Service for any or no reason. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.
Terminating your Online Account Manager account does not cancel your cable and/or other subscription services from BHN. If you cancel the Service, Bright House Networkswill mail you a paper bill, which will be payable by mail or by visiting one of our payment offices. If you wish to terminate your cable and/or other subscription services from BHN, you will need to call Bright House Networksto make the necessary arrangements. Call 407-291-2500 or see http://cfl.mybrighthouse.com/contact/ for office locations and hours.
Information authorization
Your enrollment in the Service may not be fulfilled if Bright House Networksand/or the Service Provider cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that Bright House Networksand/or its Service Provider reserve the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that Bright House Networksand/or its Service Provider reserve the right to obtain financial information regarding your account from a financial institution to resolve payment-posting problems.
Governing agreements and law
In addition to these Terms and Conditions, you agree to be bound by and will comply with the requirements of all other agreements that Bright House Networksprovides you with, including, without limitation, the Bright House NetworksCustomer Agreement, Account Disclosure Statement, BHN's Website User Agreement and Privacy Policy, and all other rules and regulations incorporated or referenced in any product or service agreement between you and Bright House Networksand any funds transfer systems that Bright House Networksuses, such as the National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations.
Disputes
In the event of a dispute regarding any service or product of BHN, you and Bright House Networksagree to resolve the dispute by looking to the applicable Agreement. You agree that, with regard to the Online Account Manager, these Terms and Conditions and the Customer Agreement together constitute the complete and exclusive statement of the agreement between you and Bright House Networksand that they supersede any proposal or prior agreement, oral or written, and any other communications between you and Bright House Networksrelating to the Service. If there is a conflict between what an employee of the Service Provider or BHN's Customer Relations Department says and these Terms and Conditions, these Terms and Conditions will prevail. If there is a conflict between the terms of any Bright House Networksagreements, the primary agreement for the particular product or service will prevail, as determined by BHN.
YOU SHOULD PRINT AND RETAIN THIS DOCUMENT FOR SAFEKEEPING AND REFERENCE AT ANY TIME DURING USAGE OF THE SERVICE.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE TO THIS AGREEMENT FROM TIME TO TIME. Bright House Networks, LLC, Central Florida Division Online Account Manager Service Terms and Conditions of Use Last Revised: April 11, 2006
|