Terms & Conditions

ARRIVALS AND DEPARTURES

Arrivals

Mon – Sun between 2:00 pm – 5:00 pm

Depart by 11:00 am

 

SITE GUIDELINES

Sites are to be kept clutter-free. 

Most unattached screen rooms, tents, or items on the grass are not permitted.  However, discreet mosquito nets & canopies are permitted.

Propane grills and wood burning/propane fire pits are permitted.  However, fire pits must have an elevated base and placed on the concrete and not on the grass or picnic tables. 

 

VISITORS

Resort guests are responsible for the behavior of their visitors. Visitors must register at the office and are not permitted to use any of the RV park amenities (clubhouse, pool, hot tub, gym, etc...). 

Visitors must depart by 10 pm.  There is a $10 per night charge for overnight guests. Sites are based on 2 adults and 2 children (under the age of 18) per site. 

 

CHILDREN

Children under the age of 18 must be accompanied by an adult when using any resort amenities. 

 

QUIET TIMES

10 pm to 8 am 

 

FLAG AND YARD SIGNS

Flying of the American or any service flag may be on a pole attached to your RV.  No yard signs permitted. 

 

SEWER CONNECTION

State law requires proper sewer connections on all sites. 

 

PARKING

No vehicles of any kind can be parked on roadways or grass. We allow two vehicles (RV plus one tow/towed vehicle) per site as long as both vehicles fit on your pad.

We charge $5 per night for every extra vehicle. If there is not enough space to park all your vehicles on your lot, we will designate you another space for the extra vehicle to park.

Boats, trailers, and off-road vehicles are not permitted on your site. We charge $10 per night for storage, if available.  No commercial vehicles allowed. 

Parking at any resort building is for the use of those facilities only.  

 

GARBAGE

Please bag your trash in a secure, leak resistant plastic trash bag.  All boxes must be broken down, no loose paper. Guests are to place their trash in front of their site between 9 am - 10am.  Do not leave trash out overnight.  For self-service, you may use the resort dumpster. 

 

WASHING

Hose washing of your RV or vehicle is not permitted in the RV park as it can result in a mess and disturb your neighbors.

 

RIVER

Fishing is only allowed according to Florida Wildlife Policy. Swimming is not permitted. Children not permitted at river without supervision.

 

PUBLIC AREAS

Please clean up after using resort common areas. Profanity, drunkenness and disorderly conduct are not permitted. Shirts and shoes must be worn in all buildings – no bathing suits allowed inside the clubhouse.

 

STORAGE

Storage is not allowed under or around your RV or picnic table.

 

RESTROOMS

For the comfort of all our guests, restrooms are open 24/7 with the exception of a temporary closure for cleaning throughout the day. We ask for your help in keeping the restrooms clean, please. Guests under the age of 18 need adult supervision in the bathrooms and showers, as well as the pool area.

 

REPAIRS

Repairs to RVs and vehicles are not permitted in our park. We are happy to recommend a local Mobile RV Repair service.

 

LAUNDRY

Hanging laundry outside on your site is not permitted. There are coin operated washing machines and dryers on site. Please do not leave your laundry unattended. We are not responsible for accidents or theft.

 

SMOKING

Smoking is only permitted on your site. All other common areas and buildings are non - smoking. 

 

SWIMMING POOL AND SPA

Hours of operation are 9 am to dusk.  All guests and visitors are required to follow the posted rules. Visitors are not permitted in the pool area. 

 

BICYCLES AND OTHER ITEMS

Riding bicycles, rollerblading, skateboarding etc... within the resort are permitted on resort roads only.

 

GOLF CARTS (ELECTRIC ONLY)

Must be registered at the office with proof of insurance. Only licensed drivers may operate any motorized vehicle on resort property. Only properly equipped vehicles can be operated between dusk and dawn. 

 

FIREARMS AND FIREWORKS

Brandishing and discharging of firearms, lethal weapons and fireworks (including sparklers) are not permitted. 

 

SOLICITATION

Positively no solicitation in the park. No sales or display of goods permitted on resort property. 

 

WILDLIFE

Feeding wildlife and bird feeders are not permitted.

 

WARNING

There are inherent risks involved in outdoor activities; risks which may not be visible or foreseeable, including dangerous, unpredictable and changeable weather, lightning, thunder, bee hives, falling limbs and trees, shallow waters, rocks, hard fallen timber, snakes and other wild animals as well as other natural hazards and dangers. Consumption of alcohol may impair your judgment and reduce your ability to effectively manage the risks of swimming, camping and other water and land activities.  

 

RELEASE AND WAIVER

I UNDERSTAND that there are inherent risks involved in outdoor activities; risks which may not be visible or foreseeable including dangerous, unpredictable and changeable weather, lightning, thunder, bee hives, falling limbs and trees, shallow waters, rocks, hard fallen timber, snakes and other wild animals and other natural hazards and dangers. I understand too that consumption of alcohol may impair my judgment and reduce my ability to effectively manage the risks of swimming, camping and other water and land activities.

IN CONSIDERATION of the opportunity to participate in outdoor recreational activities, including, but not limited to, hiking, camping, swimming, diving, snorkeling, and other recreational activities (the "Activities"), at or near the Linger Lodger RV Park (the “Property”) for myself and any child of mine or other person for which I am legal guardian I AGREE:

1. To waive all claims, demands, causes of action, suits of whatever kind or nature, arising as a result of my participation in any Activities on or around the Property from which any liability may or could accrue to the River Loft LLC, a Florida limited liability company, or any of their respective members, managers, representatives, trustees, employees, and/or agents (individually a “Released Party” and collectively the “Released Parties”);
2. To hold the Released Parties harmless and blameless for any, loss or damage to property or for any injury or death on or around the Property, whether or not resulting from the negligence of any of the Released Parties.
3. Not to sue or bring any claim against any of the Released Parties relating to or arising out of any of the Activities or my presence on the Property.

 

PET POLICY

Two pets max with up-to-date vaccination records are required and must be presented to the resort office upon arrival.

Any aggressive or excessive barking dog will be required to vacate resort property.

Pets must be attended to at all times and must be kept on a max 6-foot leash when walking. 

Pet fences/gates are permitted on your site.  

Pets are not permitted in any resort building, any common recreation area or another guest sites.

Pet droppings are to be cleaned up immediately and disposed of.

 

 

CANCELLATION POLICY

·      100% of the deposit will be refunded if cancelled up to 46 days prior to arrival less $150 administrative fee.

·      Cancellations later than 45 days prior to arrival will not be refunded. Exceptions apply.

All refunds are subject to campground discretion.  

 

DEPOSIT TERMS

·      Daily and weekly reservations: Fees are payable in full at time of reservation.

·      Reservations for 1 month to 3 months: A one month deposit is due at the time of making your reservation, balance is due upon arrival. 

·      Reservations for 4 months to 6 months: A one month deposit is due at the time of making your reservation, one month is due upon arrival, and           the remaining balance is billed on a monthly basis.

·      Current guests who wish to extend their stay will be charged for daily, weekly or monthly rate payable in full at the time of making the extension.

 

ACTS OF GOD/HURRICANES/WEATHER/NATURE/PANDEMICS

In the event of an Act of God such as adverse weather, tornadoes, fire, lightning strikes, flooding or otherwise, Linger Lodge RV Park, its affiliates, and Owners are not responsible for any refunds from monies which have been paid to Linger Lodge RV Park, or for providing lodging elsewhere. In the event of mandatory or voluntary evacuation, or a travel advisory, refunds are not issued. We strongly advise you to purchase the appropriate Travel/Trip Insurance to protect your investment and ensure suitable coverage from the insurance you purchase. Refunds will only be issued if the guest has purchased insurance coverage (which included the respective and required coverage for their specific claim). If a hurricane threatens the area, and a voluntary or mandatory evacuation is issued, our office will close, and all guests will be required to leave the property. Items left are not the responsibility of Linger Lodge RV Park, its affiliates, or Owners. 

 

INTERNET USEAGE POLICY

 

DATA USAGE AND ACCEPTABLE USE POLICY

Linger Lodge RV Park Date Usage Agreement RV Resort and Acceptable Use Policy

Linger Lodge RV Park is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its Customers the ability to use Linger Lodge’s network and the Internet without interference or harassment from other users. The Linger Lodge Acceptable Use Policy (“AUP”) is designed to help achieve these goals.

By using IP Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. Linger Lodge RV Park reserves the right to change or modify the terms of the AUP at any time, effective when posted on Linger Lodge’s web site www.lingerlodge.com/rv-home. Customer’s use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

PROHIBITED ACTIVITIES

GENERAL PROHIBITIONS:

Linger Lodge prohibits use of the IP Services in any way that is unlawful, harmful to or interferes with use of Linger Lodge’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the Linger Lodge-branded website or from a website that contains Linger Lodge-branded content is a violation of this AUP.

UNLAWFUL ACTIVITIES:

IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

VIOLATION OF INTELLECTUAL PROPERTY RIGHTS:

IP Service(s) shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Linger Lodge or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

THREATENING MATERIAL OR CONTENT:

IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize Linger Lodge provided web hosting, Linger Lodge reserves the right to decline to provide such services if the content is determined by Linger Lodge to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

INAPPROPRIATE INTERACTION WITH MINORS:

Linger Lodge complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

CHILD PORNOGRAPHY:

IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Any discovered violation of this prohibition will be forwarded to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

SPAM/E-MAIL/USENET ABUSE:

Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.

Spam/E-mail or Usenet abuse is prohibited using IP Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

sending multiple unsolicited electronic mail messages or “mail-bombing” – to one or more recipient;

sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;

sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;

sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;

sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Linger Lodge network or of the networks with which Linger Lodge interconnects, by virtue of quantity, size or otherwise;

using another site’s mail server to relay mail without the express permission of that site;

using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;

using IP addresses that the Customer does not have a right to use;

collecting the responses from unsolicited electronic messages;

maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;

sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);

using distribution lists containing addresses that include those who have opted out;

sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;

falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;

using redirect links in unsolicited commercial e-mail to advertise a website or service;

posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;

intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;

knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;

using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

SECURITY VIOLATIONS

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Linger Lodge’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;

hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;

impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);

using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;

distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);

knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking;

engaging in the transmission of pirated software;

with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;

using manual or automated means to avoid any use limitations placed on the IP Services;

providing guidance, information or assistance with respect to causing damage or security breach to Linger Lodge’s network or systems, or to the network of any other IP Service provider;

failure to take reasonable security precautions to help prevent violation(s) of this AUP.

CUSTOMER RESPONSIBILITIES

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. Linger Lodge has no responsibility for any material created on the Linger Lodge’s network or accessible using IP Services, including content provided on third-party websites linked to the Linger Lodge network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Linger Lodge of the content(s) of such sites.

Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

AUP ENFORCEMENT AND NOTICE

Customer’s failure to observe the guidelines set forth in this AUP may result in Linger Lodge taking actions anywhere from a warning to a suspension or termination of Customer’s IP Services. When feasible, Linger Lodge may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.

Linger Lodge reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped, or when Linger Lodge reasonably determines that the Customer’s use of the affected IP Services may: (1) expose Linger Lodge to sanctions, prosecution, civil action or any other liability; (2) cause harm to or interfere with the integrity or normal operations of Linger Lodge’s network or networks with which Linger Lodge is interconnected; (3) interfere with another Linger Lodge Customer’s use of IP Services or the Internet; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to Linger Lodge  or Linger Lodge Customers.

COPYRIGHT INFRINGEMENT & DIGITAL MILLENNIUM COPYRIGHT ACT

Linger Lodge respects the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA” found at 17 U.S.C. § 512) provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements to service providers like Linger Lodge. In accordance with the DMCA and other applicable laws, Linger Lodge maintains a policy that provides for the termination of IP Services, under appropriate circumstances, if Customers are found to be a repeat infringer and/or if Customers’ IP Services are used repeatedly for infringement (the “Repeat Infringer Policy”). Linger Lodge may terminate IP Services at any time with or without notice to Customers.

Linger Lodge has no obligation to investigate possible copyright infringements with respect to materials transmitted by Customer or any other users of the IP Services. However, Linger Lodge will process valid notifications of claimed infringement under the DMCA, and continued receipt of infringement notifications for Customer’s account will be used as a factor in determining whether Customer is a repeat infringer. In addition, Linger Lodge may voluntarily participate, on terms acceptable to Linger Lodge, in copyright alert and graduated response programs.

River Loft LLC provides WIFI Services via Spectrum Sushine State .

Spectrum Residential Internet Services Agreement

THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF SPECTRUM INTERNET SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE GENERAL TERMS AND CONDITIONS FOR SPECTRUM RESIDENTIAL SERVICES, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

Charter Communications Operating, LLC on behalf of itself and its affiliates and subsidiaries authorized to provide the services set forth herein ("Spectrum") will provide its Internet access service (the "Internet Service") to You ("Subscriber") in accordance with these terms and conditions, which terms and conditions incorporate and include the Acceptable Use Policy ("AUP"), the General Terms and Conditions for Spectrum Residential Services and the Spectrum Privacy Policy, as they may be changed from time to time (collectively, the "Terms of Service"), all of which may be found at www.spectrum.com/policies/terms-of-service.html, under "Terms of Service/Policies" and "Your Privacy Rights."

Subscriber's use of the Internet Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Any user who does not agree to be bound by the Terms of Service should immediately stop their use of the Internet Service and notify Spectrum's Customer Service at 888-438-2427 to terminate the Internet Service. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. The Terms of Service constitute a legal binding document.

Spectrum regularly updates and amends these Terms of Service. Subscriber should consult Spectrum's website at www.spectrum.com/policies/terms-of-service to be sure Subscriber remains in compliance.

1. Equipment: To use the Internet Service, Subscriber must meet minimum computer, device, in-home network and system requirements as identified by Spectrum.

a. Computer Equipment: The personal computer or device that Subscriber uses to access the Internet Service must meet minimum configuration standards. The minimum configuration standards may change, and Spectrum will make reasonable efforts to support previously acceptable configurations; however, Spectrum is not obligated to continue to provide such support. Spectrum may supply equipment such as modems, gateways, routers, or wireless cards, at no charge or for a one time or reoccurring fees, to operate the Internet Service. Subscriber acknowledges that such equipment may require updates and/or changes to the software resident in the equipment, and that Subscriber may be required to perform such updates and/or changes. Notwithstanding, Subscriber hereby authorizes Spectrum to perform updates and/or changes, on-site or remotely from time to time as Spectrum deems necessary, in Spectrum's sole discretion.

b. Spectrum does not provide technical assistance for third party hardware or software, including but not limited to home networks or gaming systems. Any questions concerning third party hardware or software should be directed to the manufacturer of that product. Spectrum is not responsible for the operation or support, maintenance or repair of any equipment, software or services that Subscriber elects to use in connection with the Internet Service.

c. Subscriber will not connect any equipment, other than equipment authorized by Spectrum, to any cable modem outlet or port. Subscriber understands that failure to comply with this restriction may cause damage to the Spectrum network and subject Subscriber to liability for damages and/or criminal prosecution. Subscriber may not alter, modify or tamper with the Equipment or the Internet Service, or permit any other person, not authorized by Spectrum, to do the same.

2. Network Interface: When Spectrum installs the Internet Service, Subscriber will need a network interface card or adapter providing an Ethernet connection. Alternatively, subscriber may connect to a home networking device (commonly referred to as a router or gateway).

3. Cable Modem/Other Spectrum Equipment: Subscriber may obtain a cable modem from Spectrum or may purchase and use a cable modem purchased at retail from a third party, provided that such third party modem has been tested, certified and approved by Spectrum in accordance with our DOCSIS Modem Policy at www.spectrum.com/policies/docsis-modem-policy.html.

4. Software: At the time of installation of the Internet Service, Spectrum may provide Subscriber with common Spectrum or third party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service. Spectrum does not support third party software. Any and all software provided by Spectrum is the property of Spectrum and/or its suppliers and licensors. Spectrum hereby grants Subscriber a nonexclusive, nontransferable license to install and use on Subscriber's computers, devices, and/or system(s) the software for use solely in connection with the Internet Service. Subscriber's license to use any software provided by Spectrum and its suppliers and licensors is contingent upon Subscriber's compliance with all use and other restrictions contained in the Terms of Service and the AUP. It is a material breach for Subscriber to copy, duplicate, reverse engineer or in any way modify, change, tamper with or interfere with any software provided to Subscriber by Spectrum. Upon any termination or expiration of the Terms of Service or the disconnection of Subscriber's Internet Service, this license will terminate and Subscriber agrees to then destroy all copies of the software that were delivered to Subscriber (including by erasing and deleting the software from Subscriber's computer system). Subscriber hereby represents and warrants to Spectrum that Subscriber owns the operating system software and associated use/license rights thereto for the computers that are connected to the Spectrum network.

5. Security: Subscriber acknowledges and agrees that when using the Internet Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Subscriber's equipment. Subscriber is responsible for taking and should take all appropriate security measures when using the Internet Service. Subscriber assumes sole responsibility for Subscriber's equipment used in conjunction with the Internet Service and for providing and configuring any "firewall" or security measures for use with the Internet Service to prevent damage from viruses, malware, or other similar malicious items and to prevent unauthorized access to the Internet Service, and Subscriber, not Spectrum, shall be solely responsible in any manner for the effectiveness of these blocking and filtering technologies. Spectrum does not warrant that others will be unable to gain access to Subscriber's computer(s) and/or data even if Subscriber utilizes blocking and filtering technologies, nor does Spectrum warrant that the data or files will be free from computer viruses or other harmful components. Spectrum has no responsibility and assumes no liability for the protections Subscriber may employ nor for any damages that may arise from accessing the Internet. Subscriber shall not permit or enable any use of Subscriber's account or account passwords by any person not a member of Subscriber's household. Subscriber is responsible for any misuse of the Internet Service that occurs through Subscriber's account whether by a member of Subscriber's household or unauthorized third party.

6. Additional Features, Functionality and Tools: Any additional service features, functionality and tools that Spectrum offers may be further subject to specific terms of use and subject to charges, change, or removal at any time by Spectrum.

7. Cookies: Subscriber may access Subscriber's Spectrum e-mail account and support website at spectrum.net, provided that Subscriber's browser is configured to accept cookies from www.spectrum.net.

8. Monitoring the Internet Service and Privacy: Spectrum takes the protection of our Subscribers' privacy seriously. Spectrum has no obligation to monitor content; however, Subscriber agrees that Spectrum has the right to monitor the Internet Service (including but not limited to, content and Subscriber equipment as it may affect the Internet Service from time to time) in accordance with the Terms of Service, the AUP, and Spectrum's Privacy Policy.

For content residing on Spectrum's servers, Spectrum reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content or other information in Spectrum's possession about or related to Subscriber, Subscriber's use of the Internet Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or Spectrum subscribers' information.

For more information on Spectrum's approach to Subscriber's privacy, please refer to the Spectrum Residential Subscriber Privacy Policy.

9. Rights Infringement: Subscriber will not use, or allow others to use, the Internet Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Subscriber must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Subscriber represents and warrants that Subscriber is and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and Subscriber further represents and warrants that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. Spectrum assumes no responsibility, and Subscriber assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.

Spectrum is registered Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Spectrum if they believe that a Spectrum customer has infringed the copyright owner's work(s). If Spectrum receives a notice from a copyright owner alleging that Subscriber has committed copyright infringement, Spectrum will notify Subscriber of the alleged infringement. Spectrum may determine that Subscriber is a repeat copyright infringer if Spectrum learns that Subscriber has engaged in online copyright infringement on more than one occasion. Spectrum reserves the right to suspend or terminate the accounts of repeat copyright infringers.

10. Termination: Spectrum shall have the right to terminate the Internet Service upon any violation of the Terms of Service. Spectrum will not be responsible for the return of data stored on Spectrum's servers, such as web and e-mail servers if Subscriber's account is suspended or terminated.

11. Disclaimer of Warranties and Limitation of Liability.

a. No Warranty: Subscriber agrees that Subscriber uses the Internet Service and any software and equipment supplied by Spectrum at Subscriber's sole risk. The Internet Service and Spectrum equipment are provided on an "as-is basis", if applicable, without warranties of any kind including without limitation any warranties of title, non-infringement, fitness for a particular purpose and merchantability. Spectrum does not warrant uninterrupted use of Internet Service. Spectrum does not warrant that the Internet Service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware, denial of service attacks or other harmful components, even if countermeasures have been deployed. Spectrum does not warrant that any data or files Subscriber sends or receives via the Internet Service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to Subscriber's computer. This includes, but is not limited to, incidents of file sharing, print sharing, or use of other means that enable Internet users to gain access to Subscriber's equipment or to monitor Subscriber's activity and conduct while using the Internet Service.

b. Anti-Spam Software: Subscriber acknowledges and understands that Spectrum utilizes anti-spam software and that such security technology is a feature of the Internet Service that may block incoming and outgoing electronic mail. Spectrum does not warrant that such feature will block all unwanted mail/spam or that all mail that is blocked constitutes unwanted mail/ spam. Consistent with other statements set forth in this section, Spectrum does not warrant that such feature will be error-free.

c. Security Software: In addition, in its sole discretion, Spectrum may make available to Subscriber security software, such as anti-virus software, firewall software, "pop-up" advertising blocking software, parental control software, and anti-spyware or anti-adware software for Subscriber's use on Subscriber's computer system in conjunction with the Internet Service. Any such security software provided by Spectrum to Subscriber is intended to provide only a minimal level of protection to Subscriber's computer system(s). Subscriber understands and agrees that Spectrum and its third party suppliers of any such security software do not guarantee its accuracy, efficacy or performance. Subscriber understands and agrees that Spectrum and its third party suppliers are not responsible for any damage to Subscriber's computer system(s) or the information stored on it that may result from the security software or its non-performance.

d. Third Party Sites: When Subscriber uses the Internet Service and/or accesses Spectrum web sites, Subscriber may encounter links allowing Subscriber to visit web sites operated or owned by third parties ("Third Party Site(s)"). Spectrum provides these links as a convenience and they are not under the control or ownership of Spectrum. The presence of a link to any Third Party Site is not an endorsement by Spectrum of the Third Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Subscriber's use of any third party site is governed by the various legal agreements and policies posted at that web site.

e. Bandwidth.

i. Subscriber understands and agrees that Spectrum does not guarantee that any particular amount of bandwidth on the Spectrum network or that any speed or throughput of Subscriber's connection to the Spectrum network will be available to Subscriber. Subscriber understands and agrees that the speed of the Internet Service provided at Subscriber's site will vary depending upon a number of factors, including Subscriber's computer system(s) and associated equipment (e.g., Subscriber-sourced WiFi routers/access points, etc.), Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Spectrum's control, and system failures, modifications, upgrades and repairs. Subscriber understands that Subscriber's wireless connections and use of wireless routers may be subject to greater fluctuations in speed and latency and may be adversely affected by interference, congestion, distance, and other outside factors.

ii. Subscriber understands that Spectrum may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with Spectrum's AUP. Subscriber should reference Spectrum's AUP for additional details.

iii. Subscriber further understands and agrees that, to allocate bandwidth across all of its users, Spectrum may employ reasonable network management techniques as identified in Spectrum's AUP and Spectrum's Network Management Disclosure Statement.

iv. Subscriber's sole and exclusive remedies under the Terms of Service are as set forth in these Terms of Service. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Subscriber.

12. Limitation of Liability/Exclusive Remedy: Spectrum's entire liability and Subscriber's exclusive remedy with respect to the use of the Internet Service or its software and equipment, or any breach by Spectrum of any obligation Spectrum may have under these Terms of Service, shall be Subscriber's ability to terminate the Internet Service or to obtain the replacement or repair of any defective software or equipment provided by Spectrum to Subscriber. In addition, Spectrum shall not be liable for damages for failure to furnish, or the degradation or interruption of, any services, for any lost data or content, identify theft, for any TV, monitor or screen burn-in, monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause. Spectrum shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or the provision of the Internet Service.

13. Mailbox Deactivation: Subscriber agrees that Spectrum owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time for any reason, after which any associated mailbox content (e.g., emails, attachments, etc.) will be destroyed. Spectrum may also limit the number of new email addresses available per account. Spectrum may also limit the number of emails that can be sent within a specific time period, and if Subscriber does not access a Spectrum mailbox for an extended period of time as determined by Spectrum from time to time, Spectrum may lock the mailbox and prohibit the mailbox from receiving new email messages and/or reclaim the mailbox, including any sub-accounts associated with the mailbox. Subscriber understands that upon disconnecting from Spectrum's Internet service, Spectrum will suspend the account and delete the contents of the mailbox, if any, at that time.

14. Mail Storage: In no event will Spectrum be responsible for maintaining, and Spectrum will not guarantee storage of, such electronic mail for any period of time. Spectrum also reserves the right to enforce email storage limits.

15. Network Security and Management: Subscriber agrees that Spectrum may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam. Spectrum may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers as identified in Spectrum's AUP. Spectrum may take these actions, with or without notice, in situations where Spectrum believes, in its sole discretion that Subscriber may harm the Spectrum network or disrupt the performance of the Internet Service for other users or where Subscriber is transmitting or is otherwise connected with what Spectrum considers in its sole discretion to be spam or other malicious code or software. Subscriber agrees that Spectrum is entitled to damages if Subscriber is transmitting or is otherwise connected with spam or other malicious code or software. Subscriber agrees Spectrum is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Subscriber agrees to pay Spectrum liquidated damages of five dollars (U.S. $5.00) for each piece of spam or other malicious code or software transmitted from or otherwise connected with Subscriber's account.

16. Additional Terms for WiFi Services Spectrum's WiFi service provides wireless Internet access within Subscriber's residence through a Spectrum-provided wireless router ("Home Network"). Spectrum WiFi accessed beyond the Home Network may be subject to additional terms and conditions. Subscriber acknowledges and agrees that certain wireless routers provided by Spectrum may be preconfigured to distribute a separate wireless signal that is independent from your Home Network. Subscriber may at any time disable the Spectrum-provided wireless router from transmitting the separate wireless signal. Subscriber acknowledges that the wireless router provided by Spectrum used to support the Home Network is Spectrum Equipment.

17. General Subscriber Responsibilities and Warranties: When Subscriber completes registration for the Internet Service, Subscriber must establish an identity by selecting a user name and password to be used by Subscriber to access the Internet Service. Subscriber is responsible for maintaining the confidentiality of their user name and password. Subscriber agrees that Subscriber is responsible for anyone using Subscriber's computer system, password or name or user name in connection with the Internet Service and for ensuring that anyone who does use the Internet Service through Subscriber's computer or access to the Internet Service, does so in accordance with the Terms of Service and the AUP. Subscriber agrees to take all reasonable measures necessary to ensure that the Internet Service is not used by another without Subscriber's consent.

18. Subscriber shall be responsible for procuring and installing patches, any and all anti-virus and firewall software/ hardware and operating system patches, up-dates, or supplements that may be necessary for (i) the protection and maximum functionality of Subscriber's computer and related equipment and (ii) the protection of Spectrum's network and other subscribers. For purposes of clarification, Spectrum hereby disclaims any and all responsibility and liability for any damages that may arise from Subscriber's failure to procure or install the aforementioned security software and /or hardware.

19. Amendment: Spectrum may, in its sole discretion, change, modify, add or remove portions of the Terms of Service at any time. Spectrum may notify Subscriber of any such changes by posting notice of such changes on Spectrum's website at www.spectrum.com/policies/terms-of-service.html, under "Terms of Service/Policies", or sending notice via electronic mail or U.S. postal mail. The Subscriber's continued use of the Internet Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of the Terms of Service, Subscriber must immediately cease using the Internet Service and notify Spectrum that Subscriber is terminating the Internet Service. In addition, the Terms of Service are subject to change in compliance with applicable law.

20. Entire Agreement: The Terms of Service shall be posted at www.spectrum.com, under "Terms of Service/Policies," and are the only terms and conditions that govern the Internet Service. No undertaking, representation or warranty made by any agent or representative of Spectrum in connection with the sale, installation, maintenance or removal of the Internet Service shall modify or amend the Terms of Service.

Spectrum Internet Acceptable Use Policy

In order to provide high quality customer service and to ensure the integrity, security, and reliability of the Internet Network of Charter Communications Operating LLC and its respective affiliates and subsidiaries providing services ("Spectrum"), Spectrum has created this Acceptable Use Policy (AUP). This AUP applies along with the Terms and Conditions of Service governing the Subscriber's use of Spectrum's Internet and related services (collectively, the "Terms of Service"), Spectrum's Privacy Policy and Spectrum's Network Management Practices Statement, to specify use restrictions and requirements applicable to users of the Service. The Subscriber recognizes and agrees that the then current version of the AUP to be maintained by Spectrum and posted on Spectrum's website will supersede all previous versions of this document and that Subscriber's continued use of Spectrum's Internet service will constitute Subscriber's acceptance of this policy as it may be amended.

By using the Service, the Subscriber agrees to abide by, and require each user of the Service to abide by, the terms of this AUP and associated Terms of Service. Any user who does not agree to be bound by these terms must immediately cease use of the Service and notify the Spectrum Customer Service Department to terminate the account.

1. Use. The Service is designed for personal and family use (residential use only) within a single household. Subscriber agrees that only Subscriber and Subscriber's authorized guests in the same household will use the Service. Subscriber is responsible for any misuse of the Service that occurs through Subscriber's account, whether by a member of Subscriber's household or an authorized or unauthorized third-party. Subscriber will not use, or enable others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access, as further set forth in Section 2(k) hereof. Subscriber will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, through the use of wireless technology. Spectrum reserves the right at its sole discretion to immediately suspend, terminate, or restrict use of the Service without notice if such use violates the AUP or the Terms of Service, is objectionable or unlawful, or interferes with Spectrum's systems, or Internet Network, the Internet, or others' use of the Service.

2. Prohibited Activities Using the System, Network, and Service. Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:

a. Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network.

b. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network;

c. Interference with Internet service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.

d. Forging the header of any transmitted information packet, email, or Usenet posting;

e. Modifying or tampering with any hardware, software, or configuration provided by Spectrum including but not limited to: routers, switches, and cable modem configuration files.

f. Reselling or otherwise redistributing the Service.

g. Disrupting, degrading or otherwise adversely affecting Spectrum's network or computer equipment owned by Spectrum or other Spectrum subscribers.

h. Transmit unsolicited bulk or commercial messages commonly known as "spam."

i. Assuming or assigning a Spectrum IP address that was not allocated to the user by Spectrum or its network - all Spectrum Internet users must use DHCP assigned by the Service to acquire an IP address.

j. Either of the following activities by a Subscriber using dedicated machines (also known as "machines" or "dedicated servers") or virtual dedicated servers (also known as "VDS", "VPS", "virtual machines", and/or "virtual servers"): (i) running a tunnel or proxy to a server at another host or (ii) hosting, storing, proxy, or use of a network testing utility or denial of service (DoS/DDoS) tool in any capacity.

k. Because the Service is for residential use only, any use of the service for non-residential purposes is not permitted and may result in reduction in service, suspension, or termination at the sole discretion of Spectrum, provided that use of the Service by a subscriber (i) in a "work-from-home" capacity and otherwise in accordance with this AUP and the Terms of Service or (ii) in conjunction with or to enable use of a commercial Service or product provided and specficially authorized by Spectrum or its affiliates, is permitted in accordance with the terms applicable to such Service or product.  Prohibited non-residential purposes include, without limitation, the following:

l. Running any type of server on the system that is not consistent with personal, residential use. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCS, SQUID, NTP, DNS or any multi-user forums.

m. Distributing in any way information, software or other material obtained through the service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.

n. IP address translation or similar facilities intended to provide additional access.
 

3. No Illegal or Fraudulent Use. The Service may be used only for lawful purposes. Subscriber will not use or allow others to use the service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.

4. Security/Abuse of Resources. User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abuse of resources include without limitation: open news servers, open SMTP servers, unsecure wireless routers, and unsecure proxy servers. In the instance when the Subscriber is using a wireless router, Spectrum requires that any wireless network be secure and encrypted. Open, unencrypted wireless networks are strictly prohibited.

Should an issue arise, Subscriber is required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.

5. Network Management. Spectrum uses a variety of reasonable network management tools and practices consistent with industry standards. In the event the periods of congestion necessitate such management, Spectrum has available the following tools and practices (without limitation and as may be adjusted over time): (i) Subscriber Traffic Management (STM) technology to temporarily lower the priority of traffic with the greatest impact on peak congestion; (ii) spam filtering and detection techniques; and (iii) measures to protect the security and integrity of its network, resources and subscribers (e.g., IP reputation services from multiple sources to deny mail relay to suspect IPs of Charter IP space, real-time IP block lists to determine whether to accept a connection to inbound mail servers, port security techniques such as encryption and authentication, and email server- to-server traffic monitoring). In limited instances if employed, these techniques may affect the throughput rate at which subscribers may send and receive data, the ability of users to establish session connections within the network, or result in the delay of certain traffic during times of peak congestion.

For more information about Spectrum's network management practices and policies, please see the Spectrum Network Management Practices Statement.

6. Viruses. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, "Trojan horses", denial of service attacks, and bots. Spectrum will take appropriate (as decided by Spectrum's sole discretion) action against Users infected with computer viruses or worms to prevent further spread.

7. Enforcement. Spectrum reserves the right to investigate violations of this AUP, including the gathering of information from the Subscriber or other Users involved and the complaining party, if any, and the examination of material on Spectrum's servers and network. Spectrum prefers to advise Users of AUP violations and any necessary corrective action but, if Spectrum, in its sole discretion, determines that a User has violated the AUP, Spectrum will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. Spectrum is not liable for any such responsive action and these actions are not exclusive. Spectrum may take any other legal or technical action it deems appropriate.

8. No Waiver. The failure by Spectrum or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.

9.Revisions to Policy. Spectrum reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes on Spectrum's website at www.spectrum.com, under "Terms of Service/Policies", by email or by conventional mail, and will be effective immediately upon posting or sending. Subscribers should regularly visit Spectrum's website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber agreement and this Policy, the terms of this Policy will govern. Questions regarding this Policy should be directed to AUPQuestions@charter.com. Complaints of violations of it by Charter Subscribers can be directed to abuse@charter.net.

 

Effective Date: June 15, 2022