ROAD RUNNER SERVICEROAD RUNNER SERVICE SUBSCRIPTION AGREEMENT Time Warner Cable

ROAD RUNNER SERVICEROAD RUNNER SERVICE
SUBSCRIPTION AGREEMENT
Time Warner Cable-Greensboro

1. Definitions.

(a) "Agreement" means this Subscription Agreement, as it may be amended from time to time by Time Warner Cable-Greensboro.

(b) "Computer" means Subscriber's personal computer(s) located at Subscriber's premises that will be used to access the Road Runner Service, as specified on the accompanying work order. Each Computer will need to meet certain minimum hardware and software requirements that will be specified by Time Warner Cable-Greensboro; such requirements may be changed from time to time by Time Warner Cable-Greensboro ("System Requirements").

(c) "Equipment" means the equipment including cabling, if necessary, provided and installed or to be installed by or on behalf of Time Warner Cable-Greensboro at a Subscriber's premises, as described in Section 4. If not provided by Subscriber, cable modem(s) and Network Interface Card(s) ("NIC") to connect the Computer(s) specified in the accompanying work order to cable modem(s) will be provided by Time Warner Cable-Greensboro. Time Warner Cable-Greensboro-provided cable modems will be owned by Time Warner Cable-Greensboro and deemed part of the "Equipment". Time Warner Cable-Greensboro-provided NICs will, upon their installation in Subscriber's Computer(s), become the property of Subscriber and will not be deemed part of the "Equipment".

(d) "Road Runner" or the "Road Runner Service" means the on-line service offered by Time Warner Cable-Greensboro. The Road Runner Service offers subscribers Internet access as well as certain content and services made available by or through ServiceCo, Time Warner Cable-Greensboro and third party content and service providers.

(e) "Road Runner Parties" shall mean Time Warner Cable-Greensboro, ServiceCo, their respective third-party content and service providers, corporate parents, members, affiliates, subsidiaries and suppliers, and the directors, officers, employees, agents, third-party content or service providers or licensors of any of the foregoing.

(f) "ServiceCo" means ServiceCo LLC, a Delaware limited liability company, or any successor entity that provides content and services that comprise a substantial portion of the Road Runner Service.

(g) "Software" means the computer software, if any, licensed by Time Warner Cable-Greensboro to Subscriber to access the Road Runner Service through the Equipment, as described in Section 4.

(h) "Subscriber" means the account holder authorized by Time Warner Cable-Greensboro to access

(i) "Terms of Use" shall mean all rules, terms and conditions set forth in this Agreement or now or hereafter otherwiseestablished by Time Warner Cable-Greensboro and/or ServiceCo for the Road Runner Service.

2. General.

a) This Agreement sets forth the terms and conditions which apply to the use of the Road Runner Service by Subscriber. No representation, warranty, term or condition, other than as specifically set forth in this Agreement, shall be binding on Time Warner Cable-Greensboro. An online version of this Agreement will be accessible from the Road Runner Service home page under “Member Services”.

(b) Time Warner Cable-Greensboro and ServiceCo each shall have the right at any time to change or discontinue any aspect or feature of the Road Runner Service, including but not limited to content, hours of availability, Equipment and System Requirements. Either Time Warner Cable-Greensboro or Subscriber may terminate the Road Runner Service to Subscriber at any time. Time Warner Cable-Greensboro shall have the right to add to, modify or delete any provision of this Agreement, and Time Warner Cable-Greensboro and ServiceCo each have the right to add to, modify or delete any other Terms of Use at any time. Time Warner Cable-Greensboro will notify Subscriber of any change by posting notice of such change on the Road Runner Service and/or by e-mail or postal mail. Subscriber agrees that any one of the foregoing will constitute sufficient notice of such changes. Subscriber's continued use of the Road Runner Service following any notice of a change will constitute Subscriber's acceptance of such change. If Subscriber does not agree to any change, Subscriber immediately shall stop using the Road Runner Service and notify Time Warner Cable-Greensboro that he/she is terminating the subscription to the Road Runner Service.

(c) Subscriber represents and warrants that he/she is at least 18 years of age. Subscriber may, at his or her discretion, permit minors to use the Road Runner Service under adult supervision. Subscriber may wish to utilize parental control software designed to limit access to certain material on the Internet. Such software may be obtained from Time Warner Cable-Greensboro via the Road Runner Service for a fee and in the manner indicated from time to time on the Road Runner Service. Subscriber acknowledges that such software is made available without any representations or warranties under this Agreement, and that none of the Road Runner Parties endorses such products. There may be other such software more suitable to Subscriber's particular needs, and it is Subscriber's sole and exclusive responsibility to make such determination. Subscriber further acknowledges that parental control software may not prevent access to all information of the type it is intended to filter, and therefore is not a replacement for adult supervision.

(d) Subscriber is responsible in all respects (including payment obligations) for all use of Subscriber's Account, including under any screen name or password by any person, and all use by others of Subscriber's Account is subject to the terms hereof. Subscriber will ensure that all use of Subscriber's Account complies fully with the provisions of this Agreement and all Terms of Use. For the purposes of this Agreement, all use of Subscriber's Account, whether or not authorized by Subscriber, shall be deemed Subscriber's use. Subscriber shall be responsible for protecting the confidentiality of Subscriber's passwords.

(e) Transfer of the Account by Subscriber to any other person or entity, or to a new residence or other location, is prohibited.

(f) Subscriber understands that the Road Runner Service provides a connection to the Internet that may be unfiltered, and that the Road Runner Parties neither control nor assume responsibility for any content on the Internet or content that is posted by a subscriber.

3. Charges.

(a) Subscriber agrees to pay for his/her subscription to the Road Runner Service and all use of Subscriber's Account, including applicable charges for installation and all applicable local, state and federal fees and taxes. Time Warner Cable-Greensboro may require Subscriber to provide a security deposit for use of the Equipment. Charges for the Road Runner Service are set forth on a separate price list of which Subscriber hereby acknowledges receipt. Both the amounts and the types (e.g., periodic, time-based, use-based) of charges for the Road Runner Service are subject to change by Time Warner Cable-Greensboro in the future. Recurring monthly Road Runner charges will be billed monthly in advance. Charges based upon actual use of the Service (including but not limited to charges based upon time or bandwidth usage, and for pay-per-view and pay-per-play offerings) will be billed in the next monthly billing cycle following such use, or as otherwise specified in the price list. All charges are payable on the due date specified on the bill.

(b) An administrative late charge may be charged on accounts for Road Runner that are past due. Payment for the Road Runner Service must be received by Time Warner Cable-Greensboro on or before the due date stated on the monthly bill. Failure to deliver payment by the due date is a breach of this Agreement. Subscriber agrees that each individual non-payment causes Time Warner Cable-Greensboro to suffer damages in an amount that is difficult to ascertain with certainty. Time Warner Cable-Greensboro has made a reasonable estimate to determine the damages caused by late payments generally and has used this estimate to set a liquidated damages late fee amount. The current late fee is listed in the list of charges or can be provided upon request. Time Warner Cable Greensboro reserves the right to change the late fee amount at any time in the future upon notice to Subscriber of the new amount.

(c) If Subscriber discontinues the Road Runner Service or the Road Runner Service is discontinued for any reason including non-payment, Subscriber may be required, in addition to payment of all outstanding balances, to pay a reconnect charge or trip charge (where applicable) before reconnection.

(d) Time Warner Cable-Greensboro may charge a service fee for all returned checks and bank card or charge card chargebacks.

(e) Subscriber will be responsible for all expenses (including reasonable attorneys' fees) incurred by Time Warner Cable-Greensboro in collecting any amounts due under this Agreement and unpaid by Subscriber (including expenses incurred in recovering unreturned Equipment upon termination).

(f) Subscriber may access via the Road Runner

Service certain content, merchandise and services for which there are charges payable to third parties (which may include ServiceCo and entities affiliated with Time Warner Cable-Greensboro). Subscriber agrees that all such charges will be Subscriber's, and not Time Warner Cable-Greensboro's, sole and exclusive responsibility and agrees to pay the same when due, and shall indemnify and hold harmless the Road Runner Parties for all liability in connection therewith.

4. Equipment and Software.

(a) The charges for the Road Runner Service include, for each Computer specified in the accompanying work order, rental of the Equipment, if necessary, to be operated at Subscriber's premises to permit connection of such Computer to the Road Runner Service, purchase from Time Warner Cable-Greensboro, if necessary, of NIC(s) for installation in Subscriber's Computer(s), and license of the Software.

b) Time Warner Cable-Greensboro or its authorized agents will install any cabling necessary to deliver the Road Runner Service to a cable modem. Time Warner Cable-Greensboro or its authorized agents will also install other necessary Equipment, NIC(s) and Software, unless Subscriber is offered and accepts a self installation option as provided on the work order. Where self installation is offered and elected, Time Warner Cable-Greensboro will provide Subscriber with any necessary Equipment and Software for Subscriber’s own installation, in accordance with Time Warner Cable-Greensboro’s procedures from time to time; provided that Subscriber will be responsible for obtaining his or her own NIC(s).

(c) Time Warner Cable-Greensboro and its authorized agents may enter Subscriber's premises and have access to Subscriber's Computer(s) periodically during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace or alter the Equipment or associated hardware or the Software, or to disconnect and remove the Equipment (but not the NIC).

(d) Time Warner Cable-Greensboro and ServiceCo shall have the right to upgrade, modify, enhance and replace the Equipment and Software from time to time through "downloads" from the network or otherwise. Time Warner Cable-Greensboro and ServiceCo may employ such means to limit the throughput available through individual modems whether or not provided by Time Warner Cable-Greensboro.

(e) If Subscriber is not the owner of the premises upon which Equipment and Software are to be installed, Subscriber warrants that he/she has obtained the consent of the owner of the premises for Time Warner Cable-Greensboro personnel and/or its agents to enter the premises for the purposes described in Section 4.

(f) Equipment.

(i) The Equipment (but not the NIC) is and at all times shall remain the sole and exclusive personal property of Time Warner Cable-Greensboro, and Subscriber shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Equipment to the Subscriber's residence or otherwise.

(ii) Subscriber will not open, alter, misuse, tamper with or remove the Equipment as and where installed by Time

Warner Cable-Greensboro, and will not remove any markings or labels from the Equipment indicating Time Warner Cable-Greensboro ownership or serial or identity numbers. Subscriber will safeguard the Equipment from loss or damage of any kind, and (except for any self installation procedures approved by Time Warner Cable-Greensboro) will not permit anyone other than an authorized representative of Time Warner Cable-Greensboro to perform any work on the Equipment.

(iii) Upon termination of the Road Runner Service, for whatever reason, Subscriber acknowledges that his/her right to possess and use the Equipment shall likewise terminate. In such event, the Equipment shall be returned to Time Warner Cable-Greensboro in the same condition as when received, ordinary wear and tear excepted. If the foregoing conditions are met, Time Warner Cable-Greensboro will return to Subscriber his/her security deposit, if any, within a reasonable time thereafter.

(iv) If the Equipment is damaged, destroyed, lost or stolen while in Subscriber's possession, Subscriber shall be liable for the cost of repair or replacement of the Equipment. If the Equipment is not returned to Time Warner Cable-Greensboro as described in Section 4

(iii) upon termination of the Road Runner Service, Subscriber will pay Time Warner Cable-Greensboro the amount specified in the then-current price list for the replacement cost of the Equipment without any deduction for depreciation, wear and tear or the physical condition of such Equipment. Time Warner Cable-Greensboro may apply any security deposit to any such obligation of Subscriber, and collect any remaining balance from Subscriber. In the event any amount is deducted from the security deposit (other than upon termination of the Road Runner Service), Subscriber must immediately replace the amount so deducted.

(g) Software.

(i) If Software is provided, Time Warner Cable-Greensboro grants to the Subscriber a limited, non- exclusive license to use the Software, in object code form only, solely for the purpose of connecting to the Road Runner Service the number of Computers specified on the accompanying work order. This license will permit such use by Subscriber and any person authorized by Subscriber to use the Account, under any password or screen name, provided that Subscriber shall be responsible for all use of the Account as described in Section 2(d). This license will commence upon acceptance of Subscriber's subscription for the Road Runner Service and will terminate immediately upon termination of the Road Runner Service to Subscriber for any reason. Time Warner Cable-Greensboro and/or its licensors retain all rights and interests in and to the Software.

(ii) Subscriber is permitted to make a single copy of the Software solely for back- up purposes, provided that such copy contains the same copyright notices and proprietary markings as the original Software. Subscriber will not engage in, and will not permit, any other copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited.

(iii) Subscriber will destroy all Software and any related written material together with any copies promptly upon termination of the Road Runner Service to Subscriber for any reason.

5. Subscriber Conduct.

(a) Subscriber shall use the Road Runner Service for lawful purposes only, and in accordance with this Agreement and any Terms of Use. Subscriber shall not upload, post, transmit or otherwise make available on or via the Road Runner Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Subscriber also shall not link his/her personal home page to material or content that violates Time Warner Cable-Greensboro’s or ServiceCo's standards of conduct as reflected in this Agreement or as specified by any other Terms of Use. Either Time Warner Cable-Greensboro or ServiceCo may remove content that in its judgment violates these standards.

(b) Subscriber shall not upload, post, transmit or otherwise make available on or via the Road Runner Service any material protected by copyright, trademark, patent, trade secret or other proprietary right in a manner that infringes or violates any such right. It is the policy of Time Warner Cable-Greensboro to terminate in appropriate circumstances the Road Runner Service of any subscriber or account holder who is a repeat infringer. This policy does not affect any other rights Time Warner Cable-Greensboro may have under law or under any agreement between Time Warner Cable-Greensboro and Subscriber. (Time Warner Cable-Greensboro also reserves the right to suspend or terminate Subscriber's Road Runner Service for a single violation of this paragraph or any other provision of this Agreement or other Terms of Use.)

(c) The Road Runner Service contains copyrighted material, trademarks and other proprietary information, and the entire content of the Road Runner Service is copyrighted as a collective work under the United States copyright laws. Except where otherwise prohibited, Time Warner Cable-Greensboro grants Subscriber the right to download copyrighted material posted on the Road Runner Service by a Road Runner Party, provided such material is downloaded solely for Subscriber's personal use. Except as granted herein or as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of Time Warner Cable-Greensboro and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.

(d) Subscriber will not resell the Road Runner Service, or any portion thereof, or otherwise charge others to use Road Runner, or any portion thereof. Further, Subscriber will not redistribute the Road Runner Service, or any portion thereof, whether or not Subscriber receives compensation for such redistribution. The Road Runner Service as offered under this Agreement is a residential service offered for personal, non-commercial use only. Subscriber agrees not to use the Road Runner Service for operation as an internet service provider, for the hosting of websites or for any business enterprise. Subscriber further agrees not to connect the cable modem to any computer other than the Computer(s) or to any server (or any computer running server applications that provide similar protocol services over the Road Runner Service), including without limitation any servers for mail, HTTP, FTP, RTP, IRC, DHCP, or multi-user interactive forums (e.g. gaming).

(e) Subscriber also shall not:

(i) post or transmit through Road Runner any material that constitutes or contains advertising or any solicitation with respect to products or services or bulk e-mail;

(ii) breach or attempt to breach security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person; or use the Equipment or the Service in any attempt to circumvent the user authentication or security of any host, network or account; or use or distribute tools designed for compromising security;

(iii) restrict, prohibit or otherwise interfere with the ability of any other person to use or enjoy the Road Runner Service including, but not limited to, posting or transmitting any information or software which contains a virus or other harmful feature or deliberately overloading or flooding any other person’s computer; or

(iv) use an IP address or client ID not assigned to Subscriber. Subscriber acknowledges that Subscriber is responsible for and assumes all risks with respect to whether materials uploaded, posted or otherwise made available on or via the Road Runner Service through Subscriber's Account may violate any laws or rights.

6. Review and Enforcement.

(a) Time Warner Cable-Greensboro and ServiceCo shall each have the right, but not the obligation, to review content on public areas of the Road Runner Service, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and all other Terms of Use.
(b) Time Warner Cable-Greensboro and ServiceCo shall each have the right to edit, refuse to post, request removal of, or remove any material submitted to or posted on the Road Runner Service, including personal home pages and links to other sites. Without limiting the foregoing or Time Warner Cable-Greensboro's or ServiceCo's other rights hereunder, Time Warner Cable-Greensboro and ServiceCo shall each have the right to remove any material that either Time Warner Cable-Greensboro or ServiceCo in its individual discretion determines to be unacceptable or to violate the terms of this Agreement, any Road Runner bandwidth utilization limitations or any other Terms of Use. In the event any such violation or objectionable material is found by either Time Warner Cable-Greensboro or ServiceCo, Time Warner Cable-Greensboro may suspend Subscriber's Account, take other action to prevent Subscriber from utilizing certain Account privileges (e.g., home pages) or cancel Subscriber's Account without prior notification. Time Warner Cable-Greensboro may also suspend or cancel Subscriber's Account for using Road Runner to post content to the Internet that violates this Agreement or the Terms of Use. If Subscriber's Account is suspended, Subscriber will not be charged for that period of time. If Subscriber's Account is canceled, Subscriber will be refunded any pre-paid fees minus any amount due Time Warner Cable-Greensboro. Subscriber will not be entitled to any refund or reduction of fees if Subscriber is prevented from using certain, but not all, Account privileges as a result of violations of this Agreement or the Terms of Use .

(c) Subscriber agrees that Time Warner Cable-Greensboro and ServiceCo shall each have the right to take any action that either Time Warner Cable-Greensboro or ServiceCo deems appropriate to protect the Road Runner Service, its facilities and the Equipment. Subscriber acknowledges and agrees that Time Warner Cable-Greensboro and ServiceCo shall each have the right to monitor Subscriber’s "bandwidth" utilization (i.e. volume of data transmitted) at any time and on an on-going basis and to limit excessive use of bandwidth by Subscriber (as determined by either Time Warner

Cable-Greensboro or ServiceCo from time to time) in order to effectuate these provisions and other terms hereof.

7. Republication.

(a) Subscriber acknowledges that material posted or transmitted through the Road Runner Service may be copied, republished or distributed by third parties, and will hold the Road Runner Parties harmless for any harm resulting from such actions.

(b) Subscriber hereby grants to Time Warner

Cable-Greensboro and ServiceCo, and hereby represents and warrants that he/she has all necessary rights to so grant, the non-exclusive, worldwide, royalty- free, perpetual, irrevocable, right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display in any media all material posted on the public areas of the Road Runner Service via Subscriber's Account and/or to incorporate the same in other works, but only for purposes consistent with operation and promotion of the Road Runner Service.

8. Service and Repairs. Time Warner Cable-Greensboro will repair damage to or, at Time Warner Cable-Greensboro's option, replace Equipment, modify Software, and otherwise attempt to correct interruptions of the Road Runner Service, due to reasonable Equipment wear and tear or technical malfunction of the system or network operated by Time Warner Cable-Greensboro and/or ServiceCo, at Time Warner Cable-Greensboro's expense. Telephone support to assist with other technical problems will be provided in accordance with Time arner Cable-Greensboro’s standard procedures. Other repair or replacement will be at Subscriber's expense under Section 4(e). Subscriber is solely responsible for the operation, repair and maintenance of any Subscriber-owned equipment or software.

9. Service Interruptions; Force Majeure. Except as otherwise legally required, Subscriber is entitled to a prorated credit upon request only in the event of complete failure of the Road Runner Service due to technical malfunction of the system or network operated by Time Warner Cable-Greensboro and/or ServiceCo for twenty-four (24) consecutive hours or more. To qualify for an adjustment, Subscriber must request a credit from Time Warner Cable-Greensboro within thirty (30) days of the failure. Credits shall be applied against future fees payable by Subscriber for the Road Runner Service. The Road Runner Parties shall have no liability, including as set forth in this Section 9, for interruption of the Road Runner Service due to circumstances beyond its control, including without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.

10. Disclaimer of Warranty; Limitation of Liability.

(a) SUBSCRIBER AGREES THAT THE ROAD RUNNER SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. SUBSCRIBER FURTHER AGREES THAT ALL USE OF THE ROAD RUNNER SERVICE (INCLUDING BUT NOT LIMITED TO THE ACCESSING AND USE OF CONTENT, INFORMATION AND SERVICES, THE EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO SUBSCRIBER AND THE DOWNLOADING OF COMPUTER FILES) IS AT SUBSCRIBER'S SOLE RISK.

Without limiting the foregoing:

(i) The Road Runner Parties make no warranties as to the performance, including, but not limited to, any warranty that any data, files or other communications by or to Subscriber will be transmitted in uncorrupted form or within a reasonable period of time, that the Road Runner Service will be uninterrupted or error free or as to the results that may be obtained from use of the Road Runner Service.

(ii) None of the Road Runner Parties endorses or warrants, nor shall any of them be responsible in any regard for, any merchandise or services ordered through the Road Runner Service or any securities trading or other commercial transactions, whether or not such merchandise or services or the providers of any transactional services are promoted and/or marketed by the Road Runner Service.

(iii) None of the Road Runner Parties makes any warranties as to the security of Subscriber's communications via the Road Runner Service (whether such communications are directed within the Road Runner Service, or outside the service to the Internet), or that third parties will not gain unauthorized access to or monitor Subscriber's Computer(s) or online communications. Subscriber agrees that none of the Road Runner Parties will be liable for any such unauthorized access.

(iv) Subscriber acknowledges that software and other content downloaded via the Road Runner Service may contain harmful or disabling features or codes such as viruses. None of the Road Runner Parties makes any warranties, nor undertakes to ensure, that computer files received via the Road Runner Service will not contain any virus or other harmful or disabling code or feature, and each expressly disclaims any liability for damage to or loss or destruction of software, files or data resulting from the same.

(v) None of the Road Runner Parties makes any warranties regarding the Year 2000 compliance or readiness of any service or product provided in relation to the Road Runner Service or of any product or service provided by any other person or entity.

(b) SUBSCRIBER UNDERSTANDS THAT THE INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE ROAD RUNNER SERVICE, EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO SUBSCRIBER'S COMPUTER(S) OR OTHER HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE ROAD RUNNER PARTIES SHALL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, HARDWARE, DATA OR FILES.

(c) Except for the refund or credit as expressly provided in Sections 6(b) and 9 respectively, in no event (including negligence) will any Road Runner Party or any person or entity involved in creating, producing or distributing the Road Runner Service (including the content included therein or the services accessed thereby), the Equipment or the Software, be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Road Runner Service, action taken to protect the Road Runner Service or the breach of any warranty.

(d) Subscriber hereby acknowledges that the provisions of this Section 10 shall apply to all content or services included in, or accessible through, the Road Runner Service, and are for the benefit of, and may be enforced by, all of the Road Runner Parties.

11. Indemnification. Subscriber agrees to defend, indemnify and hold harmless the Road Runner Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Road Runner Service by Subscriber or otherwise arising out of the use of Subscriber's account or the Equipment or the Software.

12. Privacy.

(a) Subscriber's privacy interests, including Subscriber's ability to limit disclosure of certain information to third parties, are addressed by, among other laws, the Federal Cable Communications Act (the "Cable Act") and the Electronic Communications Privacy Act. Information required to be disclosed by the Cable Act, including information relating to personally identifiable information, is described in the Subscriber

Privacy Notice delivered to Subscriber and incorporated by reference. Subscriber acknowledges receipt of the Subscriber Privacy Notice.

(b) Time Warner Cable-Greensboro and/or ServiceCo may collect (whether automatically or otherwise) and share with each other and other Time Warner Cable entities information of the type described in the Subscriber Privacy Notice (some of which may be deemed personally identifiable information as that term is used in the Cable Act) relating to Subscriber that Time Warner Cable-Greensboro and/or ServiceCo may acquire as a result of the provision of the Road Runner Service. Subscriber hereby consents to, and expressly waives such rights as Subscriber may have under the Cable Act or otherwise to limit or prohibit, the collection by, and sharing between, Time Warner Cable-Greensboro and ServiceCo and other Time Warner Cable entities of such information.

(c) In addition to actions and disclosures specifically authorized by statute or authorized elsewhere in this Agreement, Time Warner Cable-Greensboro and ServiceCo each shall have the right (except where prohibited by law notwithstanding Subscriber’s consent), but not the obligation, to monitor content on the Road Runner Service and to disclose any information to protect their respective rights, property and/or operations, and where circumstances suggest that individual or public safety is in peril. Subscriber hereby consents to, and expressly waives such rights as Subscriber may have under the Cable Act or otherwise to limit or prohibit, such actions or disclosures.

13. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT (BUT NOT ANY CLAIMS ARISING OUT OF COMMERCIAL ACTIVITIES OR THE THEFT OR OTHER UNAUTHORIZED RECEIPT OF ANY TIME WARNER CABLE SERVICE ON THE PART OF SUBSCRIBER) SHALL BE RESOLVED BY BINDING ARBITRATION COMMENCED WITHIN ONE YEAR UNDER THE THEN- CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (OR ANY CONSUMER RULES ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION TO WHICH BOTH PARTIES AGREE), EXCEPT THAT EITHER PARTY MAY SEEK EQUITABLE OR INJUNCTIVE RELIEF ONLY IN AN APPROPRIATE COURT OF LAW OR EQUITY. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW OR EQUITY. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. ANY AWARD OF THE ARBITRATOR SHALL BE IN WRITING AND SHALL STATE THE REASONS FOR THE AWARD. JUDGMENT UPON AN AWARD MAY ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD ANY DAMAGES IN EXCESS OF THE APPLICABLE LIMITS SET FORTH IN OR EXCLUDED UNDER SECTIONS 9 AND 10 OF THIS AGREEMENT. THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 TO 16, SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. EACH PARTY SHALL BEAR ITS OWN EXPENSES AND THE COST OF ARBITRATOR(S) SHALL BE SHARED EXCEPT THAT SUBSCRIBER MAY RECOVER HIS/HER FILING AND ARBITRATOR(S)’ FEES IF SUBSCRIBER IS THE PREVAILING PARTY. THE PARTIES EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEYS’ FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR SHALL NOT HAVE THE POWER TO ORDER PRE-HEARING DISCOVERY OF DOCUMENTS OR THE TAKING OF DEPOSITIONS, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS AT THE HEARING

4. Entire Agreement. This Agreement, the accompanying work order and any Terms of Use or other rules now or hereafter specified by Time Warner Cable-Greensboro and/or ServiceCo for the Road Runner Service constitute the entire agreement between Time Warner Cable-Greensboro and Subscriber with respect to the subject matter hereof, and supersede all previous written or oral agreements between Time Warner Cable-Greensboro and Subscriber with respect to such subject matter; provided that any other subscription or customer agreement or terms and conditions relating to Subscriber's cable television service with Time Warner Cable-Greensboro shall remain in full force and effect. Acceptance of the Road Runner Service shall constitute acceptance of the terms and conditions herein.

15. Term. This Agreement will remain in effect until terminated by either party or superseded by a revised Subscription Agreement.

16. Severability. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect.

17. Waiver. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.