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Privacy and Service
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Chapter 10
received via a TiVo DVR authorized by TiVo to enable the TiVo
Plus service. You have a choice of subscription payment options that
may change over time. You may switch payment options at the end
of each period. If for any reason you need to reactivate your
subscription, you may be charged a reactivation fee. If you are
signing up for the TiVo Plus service under a promotional
subscription fee, some additional restrictions may apply. Whatever
your subscription payment option, your subscription fee does not
include any services, features or functionality other than the TiVo
Plus service.
10.
Telephone Access and Possible Charges. The TiVo Plus
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 Plus 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 Plus 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 Plus 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.
11.
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 Plus 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 Plus 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 Plus 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 Service at 1-877-367-8486. TiVo reserves the right
to suspend or terminate your TiVo Plus 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, 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.
12.
Using the TiVo Plus Service. You may access and use the TiVo
Plus service only with a TiVo DVR that is authorized to receive the
TiVo Plus service and you agree not to tamper with or otherwise
modify your TiVo DVR. The TiVo Plus 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 Plus service. By using the TiVo Plus service, you
agree to receive all software updates and upgrades that TiVo sends to
your TiVo DVR. If your TiVo DVR accesses the TiVo Plus service
(regardless of your payment or subscription status), you
acknowledge and agree that you are a user of the TiVo Plus service
and are bound by the terms of this Agreement.
13.
Advertising and Promotions. The TiVo Plus 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 Plus service. In order to send such content,