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Catapult Web Site Agreement and Terms of Use

This Agreement was last updated on 03/11/2010

  1. Ownership of Site; Nature of Site; Agreement; Changes

    The web site accessed via http://catapult.spectrumreach.com (the “Site”) is the property of Charter Communications Operating, LLC (“Charter,” and also referred to as “we,” “our,” “us”). This Catapult Web Site Agreement and Terms of Use (“Agreement”) applies to (a) the Site, and related emails, messages, , and other related services and software provided to you directly or indirectly by Charter and its suppliers, licensors and licensees (collectively, “Partners”) on, through or related to the Site (collectively, "Services"), and (b) all associated content such as data, text, sound, images, graphics, video, messages, or other materials, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (collectively, "Content"). The term “Charter Parties” as used in this Agreement means Charter officers, directors, employees, agents and licensors.

    By accessing, viewing, downloading or otherwise using any Service or Content available through the Site, or by clicking “Register” during the registration process, you conclude a legally binding agreement with Charter based on the terms of this Agreement and become a Catapult Site user (any such user a “User,” or collectively “Users”). Even if you are an employee or agent of a company or other legal entity, you are individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use any Services or Content.

    We encourage you to read this Agreement with care. By becoming a User, you acknowledge that you have read and understood this Agreement and that you agree to be bound by all provisions.

    We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Agreement, at any time. We will update this Agreement to reflect any change, modification, addition or deletion, and may post notice of any update on the homepage of the http://catapult.spectrumreach.com website or may send an email notifying you of any update. However, it is your responsibility to check this Agreement periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you do not agree to any change, you must notify us at mnoc@chartercom.com and discontinue your use of the Site, and your prior use will remain subject to the immediately prior version of the Agreement.

  2. User eligibility; Registration; Consent to transfer.

    In order to access most features of the Site, you will have to register and have an account. To register on the site, you must provide selected personal information described in and defined in the Privacy Policy as “Personally Identifiable Information”. By registering on the Site, (a) you agree to accept all risk of improper use of the Services and Content, by you or any third person using your User name and password, and (b) you acknowledge that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. By registering on the Site or subscribing to a Service, you consent to the transfer of information outside of your country. If required, you must expressly consent to our use and transport of your personal information, otherwise you will not have access to and use of the Services and Content.

  3. Your Rights

    As long as you comply with this Agreement, we grant you a personal, revocable, nonexclusive, nonassignable, nonsublicenseable limited privilege to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data), to use the Services and view Content on the Site as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss. We grant you no other rights, implied or otherwise.

  4. Your Use of the Services and Content

    Your use of the Services and Content, subject to the following:

    1. Update information: In consideration of your use of the Site, you agree to notify us promptly if you change your address or email so we can continue to contact you and send any required notices. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

    2. Comply with laws and the Agreement: You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. The Site is controlled and offered by Charter from facilities in the United States of America. Charter makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, as each may be amended, which are incorporated into this Agreement:

      Catapult User Guide
      Website Privacy Policy

    3. User Content; License; Warranty; Cautions: Any User generated content, information, ideas, concepts, techniques, data, graphics, audio, images, and links you submit in connection with your use of the Site is referred to as "User Content" in this Agreement. You do not have to submit anything to us, but if you choose to submit User Content, you must grant, and you actually grant, by concluding this Agreement and using the Services, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, your User Content, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights including among other rights copyright and trademark rights. You further agree to inform us in the event that any such information has changed since your registration with the Site and, if appropriate, you agree to make such modifications yourself. You also grant us the right to authorize the use of User Content, or any portion thereof, by other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other users or users to request access to your User Content. Importantly, you are responsible for your own decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any User. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice.

    4. Privacy: You should carefully read our full Privacy Policy before deciding to become a User of Catapult Site. We describe our current practices related to Registration PII and User Content (including User Content that contains personally identifiable information) collected through the Site in our Privacy Policy. We may update this Agreement, our Privacy Policy or other policies and practices from time to time in our sole discretion. If you have any concerns about the use of your Registration PII or any User Content, you must immediately inform us. You have sole responsibility for deciding the extent to which you reveal information about yourself to the Site and our community Users and you must not communicate to the Site and its Users any information the dissemination of which could be harmful to you. Please note: should you choose to contribute User Content that directly or indirectly might reveal your gender, ethnic origin, nationality, religion and/or sexual orientation (for example personally identifiable information or photographs), you are providing all such User Content in full acknowledgment of the public nature of all contributions (except Registration PII) and under your sole responsibility. By providing any such User Content to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.

    5. Keep your password secure: Keep your password confidential; you are responsible for anything that happens through your account regardless of the reason or circumstances — until you close down your account. You are prohibited from selling, trading or otherwise transferring your User account or any Content to another party or allowing any unregistered User access to any User-only Services or Content.

    6. Indemnify us: You must defend, indemnify and hold Charter and the Charter Parties harmless from any liabilities, settlements, damages, losses and costs (including, but not limited to, attorneys’ fees) related to third party claims, actions, demands, charges or investigations, resulting from, or alleged to result from (a) your failure to comply with this Agreement, including, without limitation, your submission of Content that violates third party rights or applicable laws, (b) any Content you submit to the Site or (c) any Services you use or activity in which you engage on or through the Site.

    7. Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30-days prior, written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

    8. Confidentiality: The Site may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Charter cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. CHARTER AND THE CHARTER PARTIES ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS. WITH RESPECT TO FORUMS, BLOGS, CHAT ROOMS, ANY FUNCTIONALITY OFFERED BY THE SITE AND WITH RESPECT TO YOUR USE OF THE SERVICES GENERALLY INCLUDING THE SITE, YOU AGREE TO ASSUME THE RISK THAT ANY INFORMATION YOU PROVIDE IN CONNECTION WITH THE SERVICES MAY BE LOST, STOLEN, MISUSED, OR OTHERWISE COMPROMISED FOR ANY REASON (OTHER THAN THE INTENTINOAL MISCONDUCT OF THE CHARTER) AND YOU SHOULD NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT COMFORTABLE PROVIDING UNDER THESE CIRCUMSTANCES.

    9. Export Control: Your use of the Services, including related software, is or may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

  5. Our Rights

    The Content available through the Services is our property or the property of our Users, affiliates, advertisers and licensors and is protected by copyright and other intellectual property laws. We allow you to access the Services and Content as they may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and Content and all related items. Without limiting the foregoing, we reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any Content that you or other Users provide when using the Services. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

    We may include or automatically produce links to third party web sites (“Third Party Sites”). Charter is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. We may also include data, text, sound, images, graphics, video, messages, or other materials, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave our Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site or relating to any applications you use or install from the Third Party Site.

    You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Charter, the Charter Parties, Users and the public.

    You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users and to terminate your account if we determine, in our sole discretion, that doing so is prudent.

  6. WARRANTY DISCLAIMER

    YOU AGREE THAT YOU WILL NOT RELY ON THE SITE, ANY INFORMATION THEREIN, OR ITS CONTINUATION AND THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE INFORMATION AND CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED OR HARMED BY THE SITE OR ANYTHING RELATED TO THE SITE, YOU MAY LEAVE THE SITE AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 8 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. CHARTER IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY. CHARTER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CHARTER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. CHARTER DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. CHARTER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CHARTER DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO THE SITE.

  7. LIMITATION OF LIABILITY

    CHARTER AND THE CHARTER PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE INFORMATION, CONTENT AND/OR SERVICES FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOST DATA, LOST PROFITS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF CHARTER OR ANY OF THE CHARTER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN CHARTER’S AND THE CHARTER PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT GREATER THAN $100.

    YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER CHARTER NOR ANY CHARTER PARTY SHALL BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  8. Termination; Consequences of Termination

    Charter may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your Site account includes disabling your access to the Site (including any content you submitted or others submitted) and may also bar you from any future use of the Site. In furtherance and without limiting the foregoing, Charter has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. Also at our sole discretion and without prior notice we may limit access to the Services and Content and/or terminate the account of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    Upon termination, you lose access to the Site, Services and Content. The terms of this Agreement shall survive any termination, except Sections 3 and 4a, b, c, d, e, g, h, and i which shall not survive.

  9. Governing Law; Arbitration; Limitation

    You agree that this Agreement, as well as any and all disputes with us or any Charter Affiliate arising out of or relating to the Agreement or Charter (“Disputes”) will be governed by and construed in accordance with the laws of the Missouri, United States of America applicable to contracts made entirely within Missouri and wholly performed in Missouri, without regard to any conflict or choice of law principles.

    YOU AND CHARTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  10. Complaints

    With respect to copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement or contact DMCA@charter.net.

  11. Assignment

    This Agreement is personal to you, which means that you may not assign or delegate your rights or obligations under this Agreement to anyone. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Charter for any third party that assumes our rights and obligations under this Agreement.

  12. General

    1. Entire Agreement. This Agreement contains the final and entire agreement between us regarding your use of the Site, Services and Content and supersedes all previous and contemporaneous oral or written agreements, or whether established by custom, practice, policy or precedent, regarding your use of the Services and Content.

    2. No Guarantee of Continued Service. We may discontinue or change the Site, Services, or their availability to you, at any time.

    3. Third Party Beneficiaries. The Charter Parties are not parties to the Agreement, but are intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you. No other third party is a beneficiary of this Agreement.

    4. Severability. If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (i) such provision under the laws of any other jurisdiction, or (ii) any other provision of the Agreement.

    5. Notices. We may notify you via postings on the Site, and via email or any other communications means to contact information you provide to us. You may also notify us via email at mnoc@chartercom.com or via mail or courier at Spectrum Reach, 1650 Des Peres Rd, Suite 300, St. Louis, MO  63131; any notices that you provide without compliance with this Section on Notices shall have no legal effect.

    6. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Charter Affiliate shall be deemed legally binding on Charter, unless documented in a physical writing hand signed by a duly appointed representative of Charter.

    7. No Rescission. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any Content or other material used or displayed through the Services.


Spectrum Reach
1650 Des Peres Rd, Suite 300
St. Louis, MO  63131

March 11, 2010