READ THESE TERMS AND CONDITIONS CAREFULLY. IT IS ESPECIALLY IMPORTANT FOR YOU
TO READ SECTION 10 (DISPUTE RESOLUTION) CAREFULLY, AS SECTION 10 PROVIDES FOR
RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL
ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU
WILL CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM FEDERAL OR STATE
These terms and conditions do not apply to any wholesale carrier arrangement with Windstream.
“You” or “Customer” means the person or entity that
subscribes to Services or purchases or leases Equipment and anyone who accesses
the Services and Equipment provided to you.
“We,” “us,” “our,” “Company,” and “Windstream” refer
to the Windstream legal entities providing Services to you and as identified on
“Service(s)” refer to any
services you have agreed to obtain from us.
means any equipment or accessories you purchase or lease from us or those provided
by us for use in any manner in connection with your Services. For ease of
reference, Services and Equipment provided by Windstream shall be referred to
in this document collectively as “Services.”
mean terms that apply to special offers from time to time. Promotional terms
will be specified in your first bill message. Promotional terms may include a
term commitment and an early termination fee in the event the Service is not
installed or maintained, or in the event you disconnect Service prior to the
end of the term.
means the form (whether paper or electronic, including online order forms), if
any, in which you apply for or make changes to Services and may include the
length of time you will subscribe to a Service, rate plans, access charges,
fees, taxes and surcharges, choice of long distance carrier, and the Equipment
you have selected.
2. Agreement and Acceptance. This
Agreement incorporates by reference, and you agree to be bound by the
following, in this order of priority AND INCLUDING ANY CHANGES (SEE SECTION
23 BELOW): 1) any applicable tariffs filed with the Federal Communications
Commission (“FCC”) or the relevant state public service commission; 2) The FCC
or state web-posted price lists or terms and conditions (either, “price lists”)
posted at http://www.windstream.com/uploadedFiles/Content/General_Content/detariffedservices.pdf;
3) the product- or bundle-specific Terms and Conditions, including any
Promotional Terms (see Section 27 herein and Your Bill Messages) and any
additional agreements associated with such products; 4) the Service Order, if
any; 5) any relevant click-through agreement for the Services you received; 6)
these Terms and Conditions (“Terms”); 7) the Acceptable Use Policy posted at http://www2.windstream.net/customersupport/usersguide/accept/accept.html; and
service, your terms of service include these Terms and Conditions and the attached
You accept this Agreement when you do any of
the following: (a) give us your written or electronic signature; (b) tell us
orally or electronically that you accept (i.e., by clicking the “I Accept”
button for online purchases or account changes); or (c) use any Services. If
you have never used the Services before, and do not wish to be bound by this
Agreement, then do not begin using them, and notify us immediately. By
accepting this Agreement, you acknowledge that you are 18 years of age or
older, are competent to enter into a contract with us, and are authorized to
obtain Services or make changes to an existing account. You may obtain a copy
of these Terms and any product-specific Terms and Conditions by visiting www.windstream.com,
or calling a service representative at 877-807-9463. This Agreement supersedes
any and all statements or promises made to you by any of our employees or
agents. If you are a business customer with an existing contract, then those
contract terms will control.
3. Charges for Services and Taxes, Fees, and
Surcharges. You are responsible for paying all charges applicable to
Services provided to you including, but not limited to, monthly recurring charges
(“MRCs”), access charges, features, changes and moves to Services, Service
repair visits and no-show charges, installation charges, IP-address charges,
billing charges, credit-card surcharges, toll, long distance, and directory
assistance, equipment fees, and any other usage-based charges at our current
rates when used. In addition to the monthly recurring and usage-based charges, other
charges (such as taxes, fees, surcharges, and assessments) apply to all
Services and Equipment, including how those may change in the future. In
certain service areas, paper bills are available for a monthly charge.
To determine whether certain taxes, fees, and
surcharges are applicable to Services provided to you, we are required by
federal law to obtain your street address, which must be within our service
area. You represent and warrant that the address you provide us to obtain
Service is correct, and you acknowledge that we are relying on this information
to determine which taxes, fees, or surcharges are applicable to your Service.
You agree to notify us if your address changes. In the event you do not provide
us with a valid address or address change, you may be responsible for
additional taxes, fees, surcharges, and penalties associated with failure to
pay taxes based on the proper address, and we may terminate your Services.
a convenience to you, Company may include charges for third-party services on
your monthly bill. You should always review your bill carefully, and contact
the Company if you are unsure about a charge on your bill. Company also offers
the ability to block third-party charges from your monthly bill. This Service
is optional and free of charge. If you are interested in adding a third-party
block to your account, then call a Company representative at the number found
at the top-right-hand corner of your statement to determine if your account is
eligible. The block does not apply to Services provided by Windstream or its
affiliates to which you subscribe.
4. Billing and Payment; Rate Increases. We
will bill you the recurring and installation rates you were quoted for Services
or those associated with the Services you currently use or previously ordered,
with increases on notice. All recurring charges are billed one month in
advance. Billing at a location will begin upon the earlier of either (i) the
Installation Date (which may be the date administrative access to certain
software-based Services are granted to Customer), or (ii) 30 days after
delivery of the applicable facility and/or equipment to Customer’s premises (if
the delay in connection of the facility and/or equipment is due to Customer or
its agent). Company may choose to bill
in full monthly increments with no proration for partial service periods, when Service
either starts or ends in the middle of a billing cycle.
We reserve the right to back-bill you for
Services actually used, but not previously billed.
in full is due no later than the due date indicated on your bill and we may
apply a late fee, interest, and other charges (including, but not limited to,
collection fees) up to the maximum amount permitted by law. Returned checks,
payment by phone, paper bills, and other fees due to your choice of payment
method or billing receipt may also be subject to fees. You agree to pay costs
and fees, including, but not limited to, attorney fees we incur to collect an
unpaid balance from you.
Company may require you to authorize payment for
Services by credit card or by debiting a bank account, and no additional notice
or consent is required before we invoice the credit card or debit the bank account
for all amounts due to us for any reason.
5. Credits, Deposits, and
Our agreement to provide you Services is subject to credit approval, and, as
such, you authorize us to ask credit-reporting agencies for credit information
about you. We may require you to submit an initial deposit and/or an advanced
payment as security for payment of charges. In the future, an additional
deposit or advanced payment may be required if either the amount/number of
Services is increased, you are late on payment or your credit rating changes.
Simple interest will be paid on the cash deposit for the period it is held by
us, and will be refunded if satisfactory credit has been established or upon
termination of Service (if no balance is due). We reserve the right to apply
the deposit to any amount due and unpaid, and the payment of a deposit in no
way relieves you of paying your bills in a timely manner. Regarding advanced
payments, any advanced payment will appear as a credit to your first-month's
bill. If you cancel Services before installation, or we cannot install
your Services for some reason, then we may refund the advanced payment. We will
not refund any advanced payment made after installation of Services.
6. Termination by You.
Pre-Installation. If you are a business
customer, and you terminate your order prior to the installation of Services,
then you will be required to pay a pre-installation cancellation charge equal
to the greater of (i) three (3) months of MRCs; or (ii) our costs to other
providers. You agree that this charge is a reasonable measure of the
administrative costs and other fees, incurred by us, to prepare for
After Installation. If you cancel your Services or a
portion thereof after installation, then you remain liable for payment of all
outstanding charges for all Services you used and Equipment you purchased from
us prior to termination. If you terminate Services prior to the last day of
your billing cycle, then you will be charged for the full last month of Service
with no proration or credit.
When you purchased your Service(s), you may have been required to commit to a
term or a minimum purchase. Either you
or we may elect not to renew your service by providing notice to the other no
later than thirty (30) days prior to expiration of the fixed term. If neither
you nor we deliver a timely notice not to renew, THEN the Services will renew
on a month-to-month basis. IF YOU TERMINATE SERVICES AFTER INSTALLATION
OR DURING THE INITIAL OR RENEWAL TERM FOR ANY REASON OTHER THAN FOR CAUSE, OR
WE TERMINATE FOR CAUSE PURSUANT TO SECTION 7 BELOW, THEN YOU WILL BE REQUIRED
TO PAY TO US AS LIQUIDATED DAMAGES AN AMOUNT EQUAL TO 100% OF THE MONTHLY
RECURRING CHARGES (“MRCS”) MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE
THEN CURRENT TERM. IF YOU TERMINATE OR DISCONNECT LESS THAN THE ENTIRETY OF
YOUR SERVICES SUCH THAT YOUR ACTUAL USAGE AT A LOCATION FALLS BELOW ANY MINIMUM
MONTHLY CHARGE (“MMC”) OR MINIMUM MONTHLY FEE (“MMF”) FOR THAT LOCATION, THEN YOU
AGREE TO PAY AN AMOUNT EQUAL TO THE MMC OR MMF FOR EVERY MONTH REMAINING IN THE
THEN CURRENT TERM (“LIQUIDATED DAMAGES”).
agree that in the event of termination by you, the actual damage to Windstream
is difficult to ascertain, and that the early termination fee represents
liquidated damages, not a penalty, and is a reasonable estimate of the actual
reduction in the value of this Agreement that we will sustain.
Month-to-Month Agreements. If
no length of time is identified on the Service Order or you were not otherwise
required to commit to a term, then the term is month-to-month, and you or we
may terminate at any time by providing notice at least thirty (30) days prior
to the effective date of termination. You remain liable for payment of all
outstanding charges for all Services you used and Equipment you purchased from
us prior to termination. If you terminate Service prior to the last day of your
billing cycle, then you will be charged for the full last month of Service with
no proration or credit.
Some plans may offer a discount, if you sign up for bundled Services, and may
require a term commitment. If you sign up for bundled Services, then you agree to maintain
the bundled Services for the applicable term.
If you receive bundled Services, and you subsequently unbundle, terminate, or
disconnect any of these Services, or we disconnect any of the Services, then we
may adjust the rates for the remaining Service(s) to the then current price.
Change in Location.
A change in your service address or location to which any Service is provided
to you may constitute, at our sole discretion, termination of the Services or
result in an increase in the prices you must pay for the Services.
Change to Another
We may deem a request by you to port your numbers as a request by you to
terminate your Agreement. If you choose to port less than all of your numbers,
or you leave any Services connected, then we will continue to bill you for the
numbers and/or Services still connected.
7. Termination by Us.
Provisioning of the Service is subject to the availability of the requisite
equipment and facilities. We may limit, interrupt, suspend, terminate, or
refuse to provide a Service if: (a) you do not honor any provision of this
Agreement; (b) you use a Service in an adverse manner that affects Windstream’s
network or other customers, you have used a Service fraudulently or unlawfully
or are suspected of doing so, or there occurs an event for which Windstream
reasonably believes that the suspension or termination of Services is necessary
to protect Windstream or Windstream’s other customers from an imminent and
significant operational, financial or security risk, in which case Windstream
will provide advance notice if practicable; (c) you modify your phone, or any
software residing thereon, from the original manufacturer specifications,
including for the purpose of accessing non-Windstream services; (d) you use a Service
in a manner that is excessive or unreasonable when compared to the predominant
usage patterns of other customers, on a similar service plan, in your
geographic area (and we may, also, implement charges or change you to the
appropriate rate plan consistent with such use); (d) resell any Service; (f)
for any other reason set forth in the relevant tariffs and price lists or terms
and conditions; (g) you do not pay any amount due to us or billed by us on
behalf of others, including disputed amounts that Windstream determines are
valid charges on your bills and any deposits or advanced payments that
Windstream may require; (h) facilities or property associated with providing
the Services have been condemned, or use has been prohibited by the government
in any manner; (i) you fail to acquire and maintain the right-of-way or
property access necessary for installation or maintenance of Services; (j) you
are insolvent, have made an assignment for the benefit of credits, or you have
filed or had filed against you a petition for bankruptcy; or (k) we determine
in our sole discretion that facilities are not technically or economically
feasible, including if copper or fiber facilities are no longer available to
Windstream at reasonable rates or are not available for any reason, including,
but not limited to, regulatory changes or retirement of copper plant pursuant
to FCC rules; or (l) you make nuisance calls, impersonate another
person, use obscene or profane language or are abusive or harassing when communicating
with Windstream representatives, and fail to stop the behavior after receiving
a written or verbal warning from Windstream; or (m) you
fail to comply with any law, or regulation, including but not limited to any
applicable regulations and do not cure such failure of compliance within ten
(10) days of receiving notice from Windstream. We may restore such interrupted
or terminated Service, in our sole discretion, following your correction of the
violation and payment of any amounts due (including any restoration charge we
assess for restoring your Service).
8. Personal Identifiers. We
assign telephone numbers, e-mail addresses, IP addresses, and other personal
identifiers in connection with the Services. You have no proprietary right to
any such identifiers, and we reserve the right to change them upon notice to
you. In the event that we allow you to transfer a personal identifier to
another party to obtain any Services we provide you, we reserve the right,
prior to honoring the request for transfer, to charge a fee for the transfer,
and to collect any money owed for the Services.
9. Disputed Bills.
You must review bills in a timely manner. To dispute a bill, you must comply with the dispute resolution
provisions in Section 10, and submit your dispute, in writing, within 60
days after the date on the bill. You must pay any undisputed portion while your
dispute is investigated. You accept all charges on your bill not disputed
within 60 days, and must pay those charges.
10. Dispute Resolution. By
utilizing Windstream’s Services and agreeing to these Terms, you agree to the
following dispute resolution procedures. You and Windstream agree to waive any
right to a trial by jury in a court of general jurisdiction and any right to
participate in a class action or consolidated action regarding a dispute as
defined below. Specifically, you and Windstream agree to waive any right to
pursue a dispute by joining a disputed claim with the disputed claim of any
other person or entity or to assert a disputed claim in a representative
capacity on behalf of anyone else in any lawsuit, arbitration, or other
you have a dispute with Windstream, you should notify Windstream’s Customer
Care department at the number listed on your invoice. If the Customer Care
department is unable to resolve your dispute, you must submit your dispute to
us in writing at the following address: Windstream Communications, Inc., 1720
Galleria Boulevard, Charlotte, NC 28270, Attn: Executive Customer Relations. You
must describe your dispute and provide enough detail to allow us to understand
it. You must provide any supporting documentation with your written dispute. Click
for a form that you may, but are not required to, use to submit your written
dispute to us. If we have a dispute with you, we will send you a written notice
to your billing address to attempt to resolve the dispute. You and Windstream
agree that a dispute is any claim or controversy related in any way to
Windstream’s Services, including charges for Services, Equipment, Service
Order(s), or our agreements pursuant to these Terms or any other agreements,
whether the dispute: arises in tort, contract, by statute, or any other legal
theory; arises under this or any prior agreement with us; or arises after your
Services with Windstream are terminated.
you and Windstream are unable to resolve the dispute after 60 days from the
date of receipt of the written dispute, you agree that either you or Windstream
shall resolve the dispute in only one of two possible ways: (1) by seeking
relief in small claims court, if appropriate under the applicable court’s
rules, in the city or county of the billing address reflected on your bill; or
(2) by arbitration. This Section does
not prohibit you from submitting any issue you have with Windstream to any
federal, state, or local governmental agency or public service commission which
may be able to seek relief from Windstream on your behalf. If the dispute
is regarding the charges for Services, you agree that if you do not seek relief
in small claims court or by arbitration following the 60 day dispute period,
then you will immediately begin paying the disputed amount that Windstream
determines is valid, plus any charges that were not paid during the 60 day
dispute period, or Windstream may terminate the Services.
arbitration, you and Windstream specifically agree to finally resolve all
disputes not filed in small claims court by arbitration that will be final and
binding on both you and Windstream, subject to any exceptions required by
applicable law. The following provisions shall apply to arbitration:
Period: Any dispute must be brought by you or Windstream within two years
after the date the basis for the claim or dispute first arises.
any provision in these Terms and Conditions to the contrary, you and Windstream
agree that if Windstream makes any future change to this arbitration provision
(other than a change to the notice addresses), you may reject any such change
by sending Windstream written notice within 30 days of the change to the
Arbitration Notice Address provided above. By rejecting any such change, you
are agreeing that you will arbitrate any dispute between us in accordance with
the language of this provision.
the provisions concerning the waiver of the class or consolidated actions, or
the provisions regarding mandatory arbitration, are deemed unenforceable or
void as a matter of law, you and Windstream agree that all claims will be
brought in a court of general jurisdiction, and not resolved through
arbitration. YOU AND WINDSTREAM
WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL
BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICES PROVIDED BY US.
by Third-Parties. The Services will be provided either
by us or by our third party vendors or contractors. We reserve the right to
change or modify the source of any Services provided to you without notice.
and Owned Equipment. Any Equipment installed by us, on
your premises, that is not the subject of a sale or lease to you (such as the
CSU/DSU interface cards, Channel Bank, and router, if applicable) shall remain
at all times our property. It shall remain in good condition, less normal wear
and tear. If we do not have access to your premises within 30 days after
Services are terminated, then you shall reimburse us for the full purchase
price of the equipment, as well as any attorney’s fees and costs. You are
responsible for all security measures over the Services, including, but not
limited to, access to authorization codes or encryption you deem necessary or
required. Once the Equipment is delivered to you, you bear the risk of loss.
of Current Provider; Special Construction; Third-Party Charges. You
are solely responsible for disconnecting Services with your current service
provider, and we are not responsible for any charges assessed against you by
such provider. You shall pay all charges if we or a third-party provider is
required to extend the demarcation point, undertake special construction, or
non-routine installation for you. Unless we specifically agree—in writing—to
undertake equipment installation and maintenance work, you are responsible for
all charges assessed by your phone-system vendor and other third-parties in
connection with the Services, and we shall have no responsibility for
maintenance or repair of same.
to Third-Party Services. You agree that the
telephone line, on which your Services are activated, may not be used to access
any third-party services equivalent to Services we provide or can make
available, even if you declined to purchase such Services from us. Your
telephone line contains programming designed to enable access to our Services
only. You may not use any manual or electronic means to circumvent any
restrictions placed on your telephone line to modify, without authorization,
any programming supplied by us.
15.Access and Installation; Repair and Maintenance.
You agree that you are responsible for acquiring and
maintaining the right-of-way necessary to allow installation and maintenance of
Services. Failure to acquire and maintain necessary right-of-way may result in
delay of installation or termination of Services by Windstream. Upon notice, we
may make tests and inspections to determine you are complying with the
requirements of these terms, or for routine and emergency maintenance of the
equipment and facilities. We may take action to protect our facilities and
equipment. We may substitute, change, or rearrange any Equipment or facility at
any time. We may limit or allocate use of existing facilities, when necessary,
due to a lack of facilities or a cause beyond our reasonable control.
and Customer Proprietary Network Information. You
authorize us to monitor and record communications, from you to us, regarding
your account or the Services, for purposes of quality assurance. For online
orders, we may implement reasonable procedures, including, but not limited to,
validating information provided by you or restricting the amount of Services
purchases online. We reserve the right to cancel or reject online orders at any
time for security or privacy reasons.
To provide Services to you, we maintain
certain customer proprietary network information (“CPNI”). CPNI includes
information that relates to the quantity, technical configuration, type,
destination, location, and amount of use of any telecommunications Service we
provide to you, and which we obtain because of the carrier-customer
relationship between us. CPNI also includes information contained in your bill.
We may use and share your CPNI without your permission for the following
If you do not want us to provide your
information to other Windstream entities, please notify us by calling
Support at 866-347-1991 or Business Support at
When you view your
account information or shop for Services online, you agree that we may display
your CPNI online, after proper verification by you, to fill orders or allow you
to make account changes.
17. Theft and Fraud. You agree to keep all passwords, Member
ID’s, IP addresses, and computer names confidential. If your Services
are lost, stolen, or fraudulently used, then you are responsible for all usage
incurred before we receive notice from you of such loss or theft. If we choose
to pursue investigation or prosecution of the loss or theft, you agree to
cooperate in the investigation of fraud or theft, and to provide us with such
information and documentation as we may request (including affidavits and
18. LIMITATION OF LIABILITY. FOR PURPOSES OF THIS SECTION AND THE DISCLAIMER
OF WARRANTIES AND EMERGENCY/CRITICAL LINES SECTIONS, “OUR” OR “WE” INCLUDES
WINDSTREAM’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,
SUBCONTRACTORS, VENDORS, AND ANY ENTITY ON WHOSE BEHALF THE COMPANY RESELLS
SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR: ANY ACCIDENT OR INJURY
CAUSED BY SERVICES; ANY DAMAGE OR LOSS RESULTING FROM THE INSTALLATION,
MAINTENANCE, OR REMOVAL OF THE SERVICES; ANY INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES,
BUSINESS INTERRUPTION, AND LOSS OF BUSINESS DATA); ANY PUNITIVE OR EXEMPLARY
DAMAGES; THE COST OF ALTERNATIVE SERVICE; OR FOR ANY SERVICE INTERRUPTIONS,
DELAY, OR FAILURE TO PERFORM UNDER THIS AGREEMENT DUE TO CAUSES BEYOND OUR
REASONABLE CONTROL. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TO, STRIKES,
LOCKOUTS, OTHER LABOR UNREST, NATURAL DISASTERS, ACTS OF GOD, CABLE CUTS, OR
COMMON CARRIER DELAYS. YOU AGREE THAT THE PRICING OF SERVICES REFLECTS THE
INTENT OF BOTH YOU AND US TO LIMIT OUR LIABILITY AS PROVIDED HEREIN.
19. DATA SERVICES. YOU ACKNOWLEDGE
THAT THE INTERNET IS A VOLATILE ENVIRONMENT AND WE ARE NOT LIABLE FOR
CONFIDENTIAL INFORMATION STORED ON OR TRAVERSING OUR NETWORK. YOU MUST TAKE ALL
APPROPRIATE PRECAUTIONS TO SECURE CONFIDENTIAL INFORMATION, INCLUDING
ENCRYPTING, IF YOU DEEM NECESSARY.
20. DISCLAIMER OF WARRANTIES. THE SERVICES
ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF TITLE OR
NON-INFRINGEMENT; IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING, OR
COURSE OF PERFORMANCE; ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S
REQUIREMENTS; OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY, OR
VALIDITY OF THE INFORMATION OR DATA RESIDING ON, PASSING THROUGH, OR OVER THE
NETWORK. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE
FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, NETWORK SECURITY OR
RELIABILITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL
OR WRITTEN ADVICE OR INFORMATION BY COMPANY’S EMPLOYEES, AGENTS, OR CONTRACTORS
SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION.
WINDSTREAM DOES NOT GUARANTEE YOUR SERVICE CAN OR WILL BE INSTALLED BY A
PARTICULAR DATE. ANY INSTALLATION DATE PROVIDED IS ONLY AN ESTIMATE.
agree to indemnify and hold Windstream and its subsidiaries, affiliates,
officers, agents, co-branders, licensors or other partners, and employees
harmless from any claim or demand, including those for reasonable attorneys'
fees or those made by any third-party due to or arising out of: content you
submit; post; transmit; or otherwise make available through the Service, your
use of the Service, your connection to the Service, your violation of this
Agreement, including, without limitation, the Acceptable Use Policy, or your
violation of any rights of another.
You acknowledge that you are responsible for all use of the Service, by your
account (including use by subaccounts), and that this Agreement (including,
without limitation, the Acceptable Use Policy and Privacy Policies, as amended
from time to time) applies to any and all usage of your account. You agree to
abide by these terms, and you agree to defend, hold harmless, and indemnify
Windstream from and against any and all claims stemming from usage of this
account and any subaccounts, whether or not such usage is expressly authorized
Lines. CUSTOMER ACKNOWLEDGES THAT CERTAIN SERVICES MAY NOT PROVIDE ACCESS TO
911, OR TRANSMIT THE LOCATION OR EXTENSION, IF CUSTOMER ATTEMPTS TO ACCESS 911
IN AN EMERGENCY. Examples include voice over Internet protocol (VoIP),
Centrex, and private branch exchange. Additionally, because T1s and VoIP can
cease operating during a power outage, you should have a basic business or
copper line for elevator, alarm, E911, and other critical functions. By
proceeding with use of Services, you assume all responsibility and risk of
harm, loss, or damage in the event that 911 access fails, is not possible, or
does not provide the address, correct address, extension, or other information
to emergency authorities.
23. Changes to these Terms and
Conditions. We may change these Terms, including any change in any
charge or fee, and the imposition of a new charge or fee, at any time, if we
give you notice of the change. If we make a change to these Terms and
Conditions that is material, and you do not wish to accept such material
change, then you may terminate the affected Service by giving us 30-days’
notice, in which case you will not be subject to an early cancellation fee. You
will, however, still be responsible for all charges for Services provided
before you terminated your Agreement. A material change is ONLY a change that
(a) terminates or substantially reduces the availability of a Service for you
or (b) results in the increase of any charge by more than 10% of the monthly
access charge for that Service. Material changes in your Service DO NOT include
the increase in or imposition of (1) any charge required to be collected by any
governmental authority (such as taxes or surcharges) or (2) any charge not
prohibited by any governmental authority to recoup our expense incurred to
comply with a governmental requirement.
noted in Section 10, if Windstream makes future changes to the arbitration
provision in that Section (other than a change to the notice addresses), you
may reject this change by sending Windstream written notice within 30 days of
the change to the Arbitration Notice Address. By rejecting the change, you
agree that you will arbitrate any dispute between us in accordance with the
language in Section 10, existing prior to the change.
24. Applicable Law. Your
Agreement and our provision of Services to you are subject to (a) the laws of
the state identified in the billing address that you have provided us and (b)
any applicable federal laws, including,
but not limited to, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In
the event of an inconsistency between any governmental requirement and these
Terms regarding the provision of a Service that is subject to the governmental
requirement, the provisions of the governmental requirement will apply to the
extent necessary to avoid the inconsistency.
We may assign this Agreement to another entity without any advance consent from
or notice to you. You may not assign this Agreement without our consent.
26. No Waiver; Severability. If
we do not enforce any right or remedy available under this Agreement, that
failure is not a waiver. If any part of this Agreement is held invalid or
unenforceable, the remainder of this Agreement will remain in force.
Bundles - Specific Terms and Conditions (alphabetically).
Product Descriptions, generally, can be found at www.windstream.com. Some Services have certain system requirements
(i.e., Online Backup, Security Suite, and TechHelp). Please see the relevant
product description for details.
Schedule 1 – Kinetic TV Specific Terms of Service
Kinetic TV includes digital channels
(including local channels), one receiver and up to four standard direct video
streams to the customer residence. Of
the four standard direct video streams per residence, customer’s location will
determine both high definition (“HD”) availability and the maximum number of HD
video streams (between one and four) a customer can view and record in HD at
any one time, regardless of the number of receivers in the residence. The remaining streams will be standard
For Kinetic TV service, nonrecurring and
usage-based charges that are billed following the transaction include, but are
not limited to, Video on Demand and Pay For View. As long as payments are current, you will
have a maximum limit of $200 per bill cycle on one-time orders billed to your
account. As permitted by applicable law,
in addition to other rights granted under these Terms and Conditions, in the
event a payment is past due, Windstream may restrict your account, including
your access to Video on Demand and Pay For View and other usage-based services
Equipment for Kinetic
TV service includes one Kinetic TV receiver.
You may request additional receivers and a monthly fee of $7.00 per receiver
will apply. Windstream may limit the number of available receivers for a
household. Additional equipment fees or
other fees may apply to Kinetic TV equipment, including, but not limited to,
the receiver. Receivers are subject to
all applicable taxes, fees, and surcharges.
Kinetic TV services include a Windstream gateway, which will be assessed
a separate monthly charge. Equipment may be new or fully inspected and tested. If
receiver(s) and gateway are not returned to Windstream within thirty (30) days
of termination of services, a fee will be assessed for each receiver and
gateway not returned.
Some programming may not be available in
certain areas because of legal, regulatory, or contractual prohibitions,
including restrictions of the Federal Communications Commission and sports
blackouts. If you also purchase Windstream voice service, Caller ID information
for Windstream voice calls can be displayed on your TV screen.
Windstream’s Kinetic TV is provided for your
non-commercial, personal viewing, use and enjoyment in a private residential
dwelling. You agree that the Windstream
Kinetic TV service will not be viewed in areas open to the public or in commercial
establishments, and that admission will not be charged for listening to or
viewing the Service. Your Windstream
Kinetic TV Service may not be copied, transmitted, reproduced, published,
broadcast, rewritten, redistributed, or performed except as permitted by the
“fair use” provisions of the U.S. copyright laws. You agree that you will not try to tamper,
modify, reverse-engineer, decompile or disassemble any software or hardware
contained within your Windstream receiver or gateway.
UNDERSTAND AND AGREE THAT WINDSTREAM MAKES NO WARRANTY THAT THE SERVICE WILL
ALLOW YOU TO RECORD, VIEW, OR TRANSFER ANY PARTICULAR PROGRAM OR CONTENT.
When Windstream provides you with service, we
may obtain and use information about programming watched, recorded, or accessed
through your account. We may use this
data to (1) make general recommendations to all customers, and (2) make
specific recommendations to customers based upon their individual viewing
habits. Pricing, programming, and features are subject to change.
Kinetic may be purchased along with
High-Speed Internet. When the two
services are purchased together, this product description applies instead of
the High-Speed Internet Description at Product Bundles – Specific Terms and
Conditions. Windstream cannot guarantee speeds or uninterrupted, error-free
service. Internet speed claims represent
maximum network service capability speeds.
Actual customer speeds may vary based on factors including simultaneous
use of multiple devices, use of other Windstream services, customer device
capabilities, Internet and Network congestion, website traffic, content
provider service capacity, customer location, network conditions, and bandwidth
devoted to carriage or protocol and network information.
October 9, 2015
Windstream is one of the largest providers of telecommunications services in rural communities in the United States, and we are a customer-focused telecommunications company that provides phone, high-speed Internet and digital television services. We also offer a wide range of IP-based voice and data services and advanced phone systems and equipment to businesses and government agencies.
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