TWC – Inserts Cap n Tier Language Back Into Subscriber Agreement

According to a well informed post by Stop the Cap, this language has appeared in the Time Warner Cable subscriber agreement:

6. Special Provisions Regarding HSD Service

(ii) I agree that TWC or ISP may change the Maximum Throughput Rate of any tier by amending the price list or Terms of Use. My continued use of the HSD Service following such a change will constitute my acceptance of any new Maximum Throughput Rate. If the level or tier of HSD Service to which I subscribe has a specified limit on the amount of bytes that I can use in a given billing cycle, I also agree that TWC may use technical means, including but not limited to suspending or reducing the speed of my HSD Service, to ensure compliance with these limits, and that TWC or ISP may move me to a higher tier of HSD Service (which may result in higher monthly charges) or impose other charges and fees if my use exceeds these limits.

(iii) I agree that TWC may use Network Management Tools as it determines appropriate and/or that it may use technical means, including but not limited to suspending or reducing the Throughput Rate of my HSD Service, to ensure compliance with its Terms of Use and to ensure that its service operates efficiently. I further agree that TWC and ISP have the right to monitor my bandwidth usage patterns to facilitate the provision of the HSD Service and to ensure my compliance with the Terms of Use and to efficiently manage their networks and their provision of services. TWC or ISP may take such steps as each may determine appropriate in the event my usage of the HSD Service does not comply with the Terms of Use.  I acknowledge that HSD Service does not include other services managed by TWC and delivered over TWC’s shared infrastructure, including Video Service and Digital Phone Service.

Not much to be said about that. The Stop the Cap article really digs into the meat of it. But my take is, WE WILL IMPOSE CAPS and WE WILL USE ANY METHOD WE WANT TO KEEP YOU IN COMPLIANCE.

Personally I will be dropping ALL of my Time Warner services this week as I re-hookup with ATT. Even going back to the death star seems better than letting TWC dictate these type of terms. AND I’m going to save about 30 bucks a month!! I’ll let you know if my service suffers when I switch to DSL from cable. But I’m happy to see TWC go.

@jmacofearth
permalink: http://bit.ly/time-warner-limits

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  • Rob

    I switched to AT&T Uverse this weekend after finally dumping TW. The difference in the level of service and professionalism is light years ahead of TW. Best decision I’ve made in years.