Copy Protection, Privacy, and the TiVo Service
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assurances about the availability or functionality of the TiVo service
over a broadband connection. Firewall protection is strongly advised for
any broadband Internet connections to protect your TiVo DVR from
viruses and other harmful things. You are responsible for any telephone
or broadband service charges incurred as a result of using or accessing
the TiVo service and acknowledge and agree that you shall be solely
responsible for all disputes with any telephone company or Internet
service provider related to the same.
10 Payment Authorization. If you choose a subscription option with
recurring payments (including any pre-paid subscription option which
reverts to a monthly payment plan at the expiration of the pre-paid
period), you agree that TiVo may automatically charge the subscription
fee to your credit or charge card at the beginning of each period. Your
TiVo service access will not be established until TiVo has verified that
the credit card information you provide us for payment is accurate and
that your credit card account is in good standing. You further agree that
TiVo may charge any other applicable fees, including any early
termination fee, to your credit card. TiVo may, as necessary, extend the
expiration date of your credit card in order to ensure continued service.
TiVo may, at its discretion, change the TiVo service fees, early
termination fee, restocking fee and any other fee, from time to time, and
charge fees (which TiVo may also change) for features and
functionalities that are not a part of the TiVo service. TiVo will notify
you 30 days in advance of any fee changes or new fees applicable to
your TiVo service subscription; you may obtain the fees currently in
effect at any time by contacting TiVo Customer Support at 1-877-367-
8486. TiVo reserves the right to suspend or terminate your TiVo service
without notice upon rejection of any credit card charges or if your card
issuer (or its agent or affiliate) seeks return of payments previously
made to TiVo when TiVo believes you are liable for the charges. You
agree to pay a late charge on all amounts due which remain unpaid for
30 days. The late charge will equal 1.5% of the past due amount, or the
highest rate allowed by law, whichever is less, per month until paid.
Such rights are in addition to and not in lieu of any other legal right or
remedies available to TiVo. TiVo reserves the right to refer your account
to a third party for collection in the event of an ongoing default.
11 Using the TiVo Service. You may access and use the TiVo service only
with a TiVo DVR that is authorized to receive the TiVo service and you
agree not to tamper with or otherwise modify your TiVo DVR. Among
other things, this means that you may access and use the program guide
information only on a TiVo DVR that is authorized to receive it. The
TiVo service is provided for your personal, non- commercial use, and
may not be resold, in whole or in part. Except as expressly provided in
this Agreement, you may not transfer the TiVo service. By using the
TiVo service, you agree to receive all software updates and upgrades
that TiVo sends to your TiVo DVR. If your TiVo DVR accesses the TiVo
service (regardless of your payment or subscription status), you
acknowledge and agree that you are a user of the TiVo service and are
bound by the terms of this Agreement.
12 Advertising and Promotions. The TiVo service is advertiser
supported. The hard disk drive of your TiVo DVR contains reserved
space in addition to the advertised recording capacity. TiVo reserves the
right to send content (including advertising and promotional material)
to such reserved portions of your TiVo DVR's hard disk drive as part of
the TiVo service. In order to send such content, you agree that TiVo may
tune your TiVo DVR to a particular channel at a particular time.
13 Product Lifetime Subscriptions. A “Product Lifetime Subscription”
to the TiVo service covers the life of the TiVo DVR you buy-not the life
of the subscriber. The Product Lifetime Subscription accompanies the
TiVo DVR in case of ownership transfer. The subscription remains in
effect if the TiVo DVR needs to be repaired or replaced due to a
malfunction (see manufacturer or retailer warranty details) or even if
you upgrade your TiVo DVR to increase storage capacity (though such
upgrades, if not performed by TiVo or a TiVo-authorized third party,
will void the warranty on your TiVo DVR and constitute a breach of this
Agreement). Because a Product Lifetime Subscription is linked to a
