DealerTalk Forum Terms of Service  Last revised September 21, 2005

IMPORTANT -- PLEASE READ: These Terms of Service, the Terms of Use and Charter Internet Privacy Policy govern your use of the Charter Software ("Charter") DealerTalk Forum. These Terms of Service describe the proper kinds of conduct and prohibited uses of the DealerTalk Forum. These terms are not exhaustive and Charter reserves the right to modify them at any time, effective upon posting of the modified terms on the DealerTalk Forum. By registering as a user or using the DealerTalk Forum, you agree to abide by these terms as modified from time to time. Any violation of these terms may result in the suspension or termination of your right to access the forum.

Permissible Uses
Charter believes that the DealerTalk Forum is a valuable place for Charter customers to exchange information and learn from one another. Like any community, the Forum is most valuable when everyone follows certain basic guidelines and rules of conduct. The DealerTalk Forum Terms of Service sets forth these Rules and Guidelines so that you know what is expected of you and what you can expect from other participants when using the Forum.

At Charter, we want the DealerTalk Forum to be appropriate, friendly, and informative for all of our users. We want our users to utilize the Forum only to answer questions, correct problems, and learn more about Charter products and services. If everyone follows the Terms of Service, then the Forum will remain an informative community.

The DealerTalk Forum is an English language forum geared towards users of Charter products and services that were purchased in the U.S. and Canada for use in the U.S. and Canada. Use of the Forum is governed by U.S. law.

Registration
You are obligated to be a registered Charter customer in order to access the DealerTalk Forum and read the message boards. Login is required in order to post to the message boards and adjust user settings. Charter will handle all information received from you in accordance with the Charter Internet Privacy Policy.

Please keep in mind that whenever you post to a message board your screen name will automatically appear with your post.

Charter customers who use the DealerTalk Forum must be current with their account. We reserve the right to disable logins if a customer's account is more than 30 days past due.

We may refuse to grant you, and you may not use, a login name that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.

In consideration of your use of the DealerTalk Forum, you agree that all information provided in your profile is accurate, true, current and complete. Charter may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

DealerTalk Forum Moderators
Charter provides Moderators for the DealerTalk Forum who may provide answers to some questions. Only the DealerTalk Forum Moderators are authorized representatives of Charter on the DealerTalk Forum. Charter employees who are not assigned as Moderators are not authorized to represent themselves on the Forum as Charter employees, and do not provide official Charter responses to questions. Charter is not responsible for content provided by any Charter employee who is not designated as a DealerTalk Forum Moderator.

Although the DealerTalk Forum is moderated by Charter employees; it is intended only as a way for visitors to get answers from other visitors, and not to get answers from Charter. The Forum is not a substitute for contacting Charter Software support. If you need to contact Charter Support, please do so by phone or email.

Posting Content
Participation in the DealerTalk Forum is governed by the Rules of Conduct, set forth below and incorporated herein by reference.

Links
The Charter DealerTalk Forum permits users to post hypertext links to content hosted and maintained by third parties. Although linked sites are not generally reviewed by Moderators, links are subject to treatment like any other type of content posted to the Forum. You may not include a link in the Forum that directs users to any content or information that, if posted in the Forum, would constitute a violation of these Terms of Service.

The linked sites are not moderated by Charter, are not under Charter's control and your access to any linked site is at your own risk. You should use your own judgment before you use any link or access any linked site. When leaving the Forum using any link provided by a user, you should be aware that Charter's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. If you access a linked site and find that materials to be in violation of these Terms of Service, you may report the link as described below.

Charter makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the Forum. The ability to include links is provided only as a convenience to you, and the inclusion of any link by a user of the Forum does not imply affiliation, endorsement, or adoption by Charter of the linked site or any information contained therein.

Enforcement
Charter Software generally does not pre-screen, verify or edit the content posted by users in the Forum. However, Charter and its agents reserve the right to investigate any violation of the Charter Terms of Use and these DealerTalk Forum Terms of Service and to take appropriate remedial action. Charter has absolute discretion to enforce the terms of these documents, including, but not limited to warning users of violations, disabling or suspending Forum access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Service, including the Rules of Conduct, or which is otherwise inappropriate for this Forum, harmful, objectionable, or inaccurate. If it is deemed necessary to delete content for violation of the Terms of Service, the entire thread, including the original post and all replies, may be deleted. Charter Software DealerTalk Forum Moderators generally will not edit users' posts to remove content; however, at their sole discretion, they may request that a user edit a post to delete the objectionable content and resubmit it.

Charter also may release information concerning your use of the Forum (including posted content, registration information, and network records) when Charter believes release is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply Charter's Terms of Use and these Terms of Service; to protect Charter's rights or property, or to protect Charter's users from fraudulent, abusive, or unlawful use of the Forum; or if Charter reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

Deliberate attempts by you or someone on your behalf to evade or circumvent your suspension or termination of your rights to use the Forum violates these Terms of Service, constitutes an unlawful trespass to Charter's equipment and systems, and may result in legal action.

To report violations of the DealerTalk Forum Terms of Service, please This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Please include the message board name, the post's subject, the post author screen name, the link of the post in question and any other applicable information in your email.

Rules of Conduct
By participating in the DealerTalk Forum, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:

1. Is not consistent with the permissible uses outlined by the Terms of Service, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
3. Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Charter Software in its sole discretion;
4. Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
5. Provides any non-public information about Charter or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of Charter Software employees and Forum participants;
6. Intentionally interferes with the operation of the Forum or with a fellow user's message box, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
7. Impersonates any person or entity, including a Charter employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
8. Attacks or insults another DealerTalk Forum user or moderator;
9. Suggests or encourages illegal activity; or
10. Violates U.S. export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.

Additional Guidelines
These Guidelines are intended to set the Forum's tone and visitor expectations, in order to improve the DealerTalk Forum experience.

1. Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in the Forum, you post at your own risk.
2. You use the Forum at your own risk. In any online forum like Charter's DealerTalk Forum, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.
3. Please refrain from posting where you do not know the answer. Incorrect, misleading or incomplete responses do not help other users. Please feel free to respond to any post where you know the answer. Forum users have come to trust that they will get good answers. Please help build and maintain that trust.
4. DealerTalk Forum Moderators do not respond to every post. The Forum is a place for users to help users. Forum Moderators will review the message boards, and respond at their discretion. If you need to contact Charter support, please do so by phone or email. You can contact Charter Support by starting at: Email Charter Software
5. Be respectful of other users. Some Forum users are new to computing and may not have extensive knowledge of computers and their use. Belittling or insulting remarks are not conducive to the creation of a strong online community.

Disclaimer of Warranties and Limitation of Liability
Most of the content posted to the Charter Software DealerTalk Forum is provided by third parties like you. Such third-party content is the sole responsibility of the person originating that content. Charter does not control, and is not responsible for this third-party content. You agree to indemnify and hold Charter, and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the DealerTalk Forum, your use of the Forum, your violation of these Terms of Service or the Website Terms of Use, or your violation of any rights of another.

Although Charter employees who will do their best to answer your questions and assist you moderate the DealerTalk Forum, they may not have time to fully research answers before posting them due to time pressures. Accordingly, the DealerTalk Forum is not a substitute for contacting Charter support or customer care. If you need to contact Charter Support, please do so by using the contact information provided above.

Charter does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the DealerTalk Forum, regardless of who originates that content. You expressly understand and agree that you bear all risks associated with using or relying on that content. Charter will not be liable or responsible in any way for any content posted on or linked from the DealerTalk Forum, including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the Site Terms of Use that apply to all of Charter's web sites.

Governing Law and Venue
THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF COLORADO. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE STATE OR FEDERAL COURTS IN LITTLETON, JEFFERSON COUNTY, COLORADO AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.