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Time Warner ToS Changes Could Mean Tiered Pricing, Throttling
Mirell writes "Time Warner Cable has recently changed their Terms of Service, so that they are allowed to charge you at their discretion via consumption-based billing. They were shot down a few months ago after raising the wrath of many subscribers and several politicians. Now they're trying again, but since they make exclusions for their own voice and video not to count against the cap, this could draw the attention of the FCC."
i beleive a change in TOS/contract that changed the ammount you can be billed should typically excuse you from any early termination fees, see point 3 in this article: http://consumerist.com/272305/6-ways-to-cancel-any-cellphone-so-you-can-get-an-iphone
You can write whatever you want on your checks in 1 point font, it normally has zero effect on the agreement, although it may in theory be taken as an anticipatory breach of contract on your part..
That is, because an attempt at changing the agreement under such irregular conditions is an unenforcable one, and you're obligated under terms of existing contract with TWC to send payment. You cannot impose new conditions before you meet the terms required of you.
As a result, you also can't automatically bind TWC into an agreement based on them having payment made from your check.
Even if you had no prior agreement with TWC, you couldn't do it, because of the special nature of a check.
To condition accepting terms based on a payment, you have to make them sign the contract before or separate from the check.
And all the requirements to have a contract have to be met; consideration, meeting of minds, etc.
e.g. You'd have to send them a document that is the agreement but not a check / payment instrument that has another clear intent.
1 point font is also small enough as to make its contents unenforceable, as the other party can rightly claim the text was not visible.