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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,

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