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.

10Payment Authorization. If you choose a subscription option with recurring payments (including any pre-paid subscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), 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. You further agree that TiVo may charge any other applicable fees, including any early termination fee, to your credit card. 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, early termination fee, restocking fee and any other fee, 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 applicable to your TiVo service subscription; 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.

Copy Protection, Privacy, and the TiVo Service

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.

11Using 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.

12Advertising 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.

13Product Lifetime Subscriptions. 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 replaced due to a malfunction (see manufacturer or retailer warranty details) or even if you upgrade your TiVo DVR to increase storage capacity (though such upgrades, if not performed by TiVo or a TiVo-authorized third party, will void the warranty on your TiVo DVR and constitute a breach of this Agreement). Because a Product Lifetime Subscription is linked to a

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TiVo SDOC-00091-002 manual Copy Protection, Privacy, and the TiVo Service