Please note If you have a
written contract with windstream, then those contract terms and conditions will
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
“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, except as specifically provided in Section 10
(Dispute Resolution) herein.
“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.
“Equipment” 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.”
“Promotional Terms” 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.
“Service Order” 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
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
. If you purchase
Windstream Kinetic TV service, your terms of service include these Terms and
Conditions and the attached Schedule 1. If you purchase Windstream Cable TV 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
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 have a written contract with Windstream, then those contract
terms and conditions 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.
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.
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.
Fixed-Term Agreements. When you purchased your Service(s), you may have been required to commit to a
term or a minimum purchase.
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.
Bundled Services. 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 Carrier. 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
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. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. 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
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
If 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, LLC, 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 and provide any
supporting documentation with your written dispute. Click here
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.
For purposes of this Dispute Resolution section, references
to "Windstream", "you", and "us" include our
respective subsidiaries, affiliates, agents, employees, predecessors in
interest, successors, and assigns, as well as all authorized or unauthorized
users or beneficiaries of the Service under this or prior Agreements between
If 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 a small
claims or equivalent court, if appropriate under the applicable court’s rules,
in the city or county of the billing address reflected on your bill; if the
small claims or equivalent court does not allow for declaratory relief then the
action could be brought in a court which does have such relief or (2) by
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
If the dispute is regarding the charges for Services, you
agree that if you do not seek relief in small claims or equivalent 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. This Agreement evidences a transaction in interstate commerce,
and thus the Federal Arbitration Act governs the interpretation and enforcement
of this provision. This arbitration provision shall survive termination of this
The following provisions shall apply to
Provided and Owned Equipment.
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.
Disconnection of Current Provider; Special
Construction; Third-Party Charges.
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.
13. Access 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.
Access and Installation; Repair
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.
15. Privacy 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
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
Residential Support at 866-347-1991 or Business Support at 800-843-9214.
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.
16. 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 police reports).
17. 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.
18. 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.
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.
20. Indemnification. You
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
Emergency/Critical 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 proc
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
22. 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.
23. 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.
24. Assignment. 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.
25. 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.
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.
BASIC SERVICE: Windstream offers a Basic level of service that includes
local off-air broadcast stations and may also include other programming such as
public, educational, governmental and leased access programming. Basic is the
lowest level of video service available and, pursuant to federal law, cable
customers must subscribe to Basic either as an independent tier or as part of a
package in order to receive any additional cable video services. Programming
contained in the Basic tier varies by area, and is subject to change in
accordance to applicable laws. For details about Basic channel lineups and
pricing available in a specific area, please visit
(please ensure your location
information is displayed correctly).
offers packages of additional video content beyond Basic as an option for
customers in some markets. These options may include an Expanded Basic/Select
package, a Preferred package, an Xtra package, digital Sports, and a Premier
package. Also available as an option for customers in some markets are premium
movie channels. For details about package options, channel lineups and pricing
available in a specific area, please visit
PROGRAMMING: Windstream Cable TV channel line-ups and additional services available in
your area may be viewed at
. Some of the optional network
packages and subscription-based programming channels are encrypted with
security features. In order to receive any of these encrypted digital services,
the lease of a digital receiver or cable card from Windstream may be required.
Definition (HD) cable channels may also be available in select markets, and the
HD programming may require
an HD receiver, or an HD cable card that can be leased from Windstream.
certain areas HD digital video recorders (HD DVR) are also available for lease.
These provide easy Recording
and playback of cable programming. The DVR also allows simultaneous recording
of two channels,
and allows a customer to pause and rewind the cable channel being viewed.
digital receiver is also required to access the interactive guide service
available in some areas.
some areas, non-digital cable customers may receive analog and unencrypted
signals that are carried on
the system without the use of a leased digital receiver. In areas where the
service is available, unencrypted
reception channels can be picked up by a commercial QAM receiver.
OPTIONAL SERVICES: In some areas additional services may also be available. These include
Pay-Per-View, VOD, WatchTVEverywhere authentication for online viewing of
available channels, cable TV Protection Plus inside wiring coverage, and the
lease of digital receivers and cable cards. Leased digital receivers or cable
cards may be required for certain channel packages and options.
In limited areas Internet and phone
options are also available through cable TV.
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.
Additional information about services and
company-provided equipment can be found at the cable TV website
CABLE TV PROTECTION PLUS COVERAGE: Windstream Cable Television is responsible for all cable
wiring up to 12 inches beyond the grounding point normally located or installed
on the outside of the customer's residence. The customer is responsible for
cable wiring from that point. A large percentage of trouble reports are caused
by inside wiring, cable outlets or jacks and customer-owned equipment.
A service call
charge may be applied if a problem is found in the customer's wiring. In some
areas Windstream offers the option of subscribing to Cable TV Protection Plus,
a service that provides protection from repair costs when a problem is found
with the customer's inside cable wiring or existing cable outlets. Cable TV
Protection Plus includes the repair or replacement of up to four existing
approved cable outlets and inside cable wiring. All inside cable wiring repairs
are subject to Windstream's discretion for post-wiring standards and do not
include cable wiring that runs through inside walls. The addition or moving of
existing cable outlets or jacks is not included. Cable TV Protection Plus does
not cover customer-owned equipment connected to the wiring or intentional
damage to inside wiring. Cable TV Protection Plus added on a repair call/visit
will be billed at a standard monthly rate.
If a customer
chooses not to take the Cable Protection Plus plan, inside wire repairs can be
made on a time/material basis. If a customer chooses not to take the Cable TV
Protection Plus plan, or doesn't want Windstream to repair the inside wiring
problem, then a service call fee will be applied.
COMPATIBLE REMOTE CONTROLS: If the customer prefers they can obtain other
models of universal remotes
from various retail stores or manufacturers.
examples of universal remotes are: Sony
Rm-vz220, GE JAS24993, and Logitech Harmony 650.
Cable customers have the option of adding an A/B switch to Their
television and cable equipment. A/B
switch allows you to receive off-the-air local broadcast television stations
or signals not carried on cable via your antenna. A/B switch kits are available
from various independent
Customers who desire parental control or channel blocking to prevent
children in the household from Viewing some channels or programs, may be able to access these controls
through their TV set. If their TV set does not
accommodate parental control, in most locations additional options are
available from Windstream to block
channels. Digital customers may set parental controls themselves via the
on-screen menu. For example, on many Motorola receivers, from the Main Menu,
highlight the "Parents" icon and press "OK." Follow
on-screen instructions to enter a four-digit PIN. A rating level or channel can
be locked by highlighting it and then pressing "Lock." On Scientific
Atlanta / Cisco equipment, press "Menu" on the remote control, and
press the "Up/Down" setting to activate Parental Control. Press
"Select" to enter a four-digit PIN. Non-digital customers may contact
Windstream to request a special filter or device to prevent reception of
certain channels. The filter can be purchased by special order and may require
INSTALLATION & SERVICE
Installation work will be performed on an appointment basis. Appointments are usually scheduled in four-hour blocks
during normal business hours.
If our installer or technician is running late, we will attempt to contact
the customer and reschedule the appointment at a time convenient for them.
installations (those that are located up to 125 feet from our existing
distribution system) will normally
be performed within seven business days after an order has been placed. If it
is determined that a
non-standard installation is needed, the estimated cost and completion date
will be provided to the customer
in advance. Our technical staff will not
enter a customer’s home to perform work unless a responsible
adult over 18 years of age is present. We have established this policy to
protect our customers and
will normally respond to service interruptions and other service
problems as soon as possible, and normally within 24 hours from the time we are
notified of an interruption.
We will normally respond to other non-outage service problems by the next
business day. For outages
beyond our control (such as natural disasters or severe weather-related
problems), we will respond as
promptly as possible. Generally, it is
our policy to issue a credit, upon request, for service interruptions greater than 24 hours.
Windstream Cable Television customer service representatives are available
during normal business hours, and after-hours emergency reporting service is available 24 hours a
day. Customers are asked to please call us in a timely manner if a problem with their cable TV arises.
We will not issue credit for service interruptions if we are
not notified promptly or for situations beyond our control.
SERVICE CALL POLICY: Windstream Cable
Television will maintain all the outside wiring that it has installed, and there will not be a charge for normal service calls to
correct technical problems with the outside cable TV lines and equipment. A service charge will apply for
repairs to inside wiring or customer modifications to our wiring. A charge may also apply for repairing
wire/cable damaged by the customer or by others working on the customer's property. A service charge may apply
for a service call to help connect a digital video or audio device or to reprogram a TV, a digital video
device or other non-cable company equipment.
be assured that we will work to resolve all service problems as soon as possible. Customers are
advised to contact our customer service center or retail store and explain their problem. All reasonable efforts will be made by our service technicians
and other employees to resolve any complaints concerning the technical quality of service
promptly and efficiently. If our service technician fails to correct the problem, customers may contact our office
and we will review the complaint and the corrective action to be taken. Please see “Dispute Resolution”
section for additional details. If customers believe our investigation and handling of a complaint is
deficient in some manner, they may contact the local franchising authority. Your local contacts are listed
Office of Secretary of State,
313 West Tower
2 Martin Luther King, Jr. Drive
Iowa Utilities Board
1375 E. Court Avenue
Des Moines, IA
Annandale, City of, P. O. Box K, 30 Cedar Street, E.,
Annandale, MN 55302
Baldwin Township, P. O. Box 25, Princeton, MN 55371
Becker, City of, 12050 Sherburne Avenue, P. O. Box 250,
Becker, MN 55308
Becker Township, 12165 Hancock Street, Becker, MN 55308
Big Lake, City of, 160 Lake Street, N., Big Lake,
Big Lake Township, 21960 County Road 5, P. O. Box 75,
Big Lake, MN 55309
Livonia Township, 11162 265th Avenue, P. O. Box 388,
Zimmerman, MN 55398
Maple Lake, City of, 10 Maple Avenue, S., Maple Lake,
Montrose, City of, 200 Center Avenue, S., Montrose,
Orrock Township, 26401 180th Street, NW, Big Lake,
Waverly, City of, 502 Atlantic Avenue, P. O. Box 189,
Waverly, MN 55390
Zimmerman, City of, 12980 Fremont Avenue, Zimmerman,
Missouri Public Service Commission
200 Madison Street
P. O. Box 360
Jefferson City, MO
Consumer Protection Division of the Attorney General’s Office of the State of North
Borough of State College, 243 South Allen Street, State
College, PA 16801;
Township, 3147 Research Drive, State College, PA 16801;
Township, 1481 East College Avenue, State College, PA 16801.
BILLING and PAYMENTS:
an account has been disconnected for non-payment, the total amount due on the account must be paid in order to reconnect service. In
addition, payment of a reconnect fee is required. The amount due and the reconnect fee must be paid in full
before service is reconnected. In some cases, reconnection is done within three to five working days.
compliance with Section 631 of the Cable Communications Policy Act of 1984 ("Cable Act") policies on how customer information is
handled can be found in the “Privacy and Customer Proprietary Network Information” section above, and at the Privacy
Policy posted at http://www.windstream.com/privacy.aspx
As required by the Cable Act, we destroy subscriber
information that is no longer necessary for business purposes unless there is a
legitimate request or order to inspect the information still outstanding.
Accounting and billing records are retained for historical tax and accounting
Customers have the right to inspect our records that
contains information about them and to correct any errors in our information.
Customers may contact us at the system business office during business hours to
set up an appointment for record inspection. Customers are entitled to seek
private civil action in U.S. District Court, and they may seek to recover
damages, costs and attorney fees if the limits under the Cable Act have been violated.
HOW TO USE THE CABLE TV SERVICE: Windstream’s cable
TV is provided for non-commercial personal viewing, use and enjoyment.
Customers are prohibited from charging a fee for listening to or viewing the
service. Windstream cable 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.
Procedures for customers to follow to
get the most from their cable service will depend in part on the features built into their television
sets and other video equipment. The viewing capabilities or settings selected on equipment can also
determine the quality of video and audio the customer experiences.
Additional information about how to use the cable TV service and
company-provided equipment can be found at the cable TV web site www.windstream.com.
Customers may need to lease a receiver from the cable company for reception
of some digital channels.
Digital receivers typically provide both audio and video outputs to
facilitate connection to the consumer’s TV set, external devices such as DVD players, audio systems and gaming
devices. The use of certain types of receivers may deactivate the use of some television features such as
picture in picture.
Windstream provides digital customers a universal remote control with the
lease of a digital receiver. The universal remote control can be programmed to control not only the
receiver, but also many brands of TVs, DVD players and other video devices. Instructions for programming the
remote and various device codes can be found online at www.windstream.com
Equipment installed by Windstream cable TV, placed under, over, on or about
the consumer’s home or Property in connection with the delivery of service, is the property of
Windstream. Rented digital receivers that are provided to customers, if necessary or requested, are the property
of the Windstream. Rented equipment must be returned to us when service is discontinued for any
reason, or at any reasonable time we need to issue other equipment. Failure to return rented equipment at the
appropriate time will result in a charge to the customer's account and may lead to legal action to recover
the equipment. You are responsible for damage to rented equipment, other than normal wear and
tear, and may be assessed a charge for repair or replacement. Equipment purchased from Windstream or an
outside vendor is the property of the customer and is not covered by the above equipment policy.
Customers may not try to tamper, modify, reverse-engineer, decompile or disassemble any software or hardware
contained within any Windstream receiver or equipment.
Customers who experience problems with their television reception should
please keep in mind that it may or may not be related to their cable TV service.
Poor or no video:
Picture, but no sound:
INTERFERENCE FROM NATURE
THEFT OF CABLE TV SERVICE
The 1984 Cable Act, as amended by the 1992 Cable Act, was enacted by the
U.S. Congress and created both civil and criminal penalties against manufacturers, suppliers and
users of unauthorized cable devices.
This federal theft-of-service law supplements any existing state or local
laws. The federal law prohibits the interception or receipt of any communication service over a cable system,
unless authorized by the operator. This includes the theft of audio, video, textual, data or other
service, including data transmitted to or from a subscriber over a system that has interactive capability.
Further, the law pertains to both the manufacturers and distributors of equipment, as well as individuals. The
Cable Act provides a cable operator the right to seek substantial monetary damages with regard to
theft of its cable services. In addition, violators may face substantial fines or imprisonment if found guilty
of criminal charges. Congress has taken the foregoing actions because it believes that theft of cable
service poses a major threat to the economic viability of cable operators and cable program suppliers, and it
creates unfair burdens on cable subscribers who are forced to subsidize the benefits that other individuals
are getting by receiving cable service without paying for it. Also, tampering with cable lines often
causes reception problems for paying customers. Therefore, if a customer
is aware of persons receiving unauthorized cable service, please call us confidentially. We will follow up to ensure that their cable TV service
reception is not affected by someone else's tampering.
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.
Discover the services Windstream can bring to you.
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