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