TERMS AND CONDITIONS FOR SERVICES AND/OR EQUIPMENT PROVIDED BY WINDSTREAM
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT IS ESPECIALLY IMPORTANT FOR YOU TO READ SECTION 3 (DISPUTE RESOLUTION) CAREFULLY, AS SECTION 3 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 OR MASS ACTION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM FEDERAL OR STATE AGENCIES.
“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 3 (Dispute Resolution) herein.
“We,” “us,” “our,” “Company,” “Windstream”, “Kinetic” refer to the Windstream legal entities providing Services to you and as identified on your bill.
“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 limited-time promotional pricing, 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.
You accept this Agreement and agree to be bound by these Terms and Conditions (“Terms”) by: (a) giving us your written or electronic signature; (b) telling us orally or electronically that you accept (i.e., by clicking the “I Accept” button for online purchases or account changes); or (c) activating, using, or paying for 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 https://www.windstream.com, or calling a service representative at 877-807-9463. This Agreement supersedes 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. Dispute Resolution.
PLEASE READ THIS CAREFULLY - IT AFFECTS YOUR RIGHTS. This section outlines how disputes between you and Windstream will be resolved through an informal dispute resolution process, individual arbitration, or small claims court.
For purposes of this Dispute Resolution section, references to "Windstream", "we", and "us" include our subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. This Dispute Resolution provision shall survive termination of this Agreement.
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 or mass action or consolidated action regarding a dispute except as provided in this section. 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 proceeding.
a. Here are the ways you would resolve a dispute with Windstream.
- Resolving your dispute directly with Windstream within sixty (60) days.
- If you have a dispute, first, 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 in writing at the following address:
- Windstream Communications, LLC
- 4005 N. Rodney Parham Rd.
- Little Rock, AR 72212
- Attn: Executive Customer Relations
- If you have a dispute, first, 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 in writing at the following address:
Describe your dispute with enough detail to allow us to understand it and provide any supporting documentation with your written dispute. Visit www.windstream.com/notice-of-dispute a form that you may, but are not required to, use to submit your written dispute to us. To safeguard your account, you might be required to provide authentication and/or consent for Windstream to discuss or share your account information with anyone other than you, including but not limited to an attorney representing you. If we have a dispute with you, we will send you a written notice to your billing address to attempt to resolve the dispute.
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. Note this Section 3 is intended to resolve outstanding disputes between us, and not to collect a debt owed by you to Windstream.
b. Pursuing small claims or arbitration.
If you and Windstream are unable to resolve the dispute within sixty (60) days from the date Windstream receives the written dispute, except as provided in subsection 3(b)(x), you agree that the dispute shall be resolved in only one of two possible ways:
a) Small Claims Court. You may seek 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, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. 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.
b) Arbitration. All disputes not filed in small claims court will be resolved by arbitration that will be final and binding on both you and Windstream, subject to any exceptions required by applicable law. An arbitration is a less formal alternative to a lawsuit or jury trial in court. While the procedures in arbitration may be different, they are more streamlined with limited discovery to simplify the process and reduce cost. An arbitrator applies the same law and can award the same damages and relief as a court would under the terms of this Agreement. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
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 or equivalent court or by arbitration following the sixty (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 sixty (60) day dispute period, or Windstream may terminate the Services.
b. The following provisions apply to arbitration.
- Notice of Arbitration. If you intend to seek arbitration after expiration of the sixty (60) day written dispute period, you must first file a claim with JAMS. Visit www.windstream.com/notice-for-arbitration for a form that you may, but are not required to, use. Your claim must include:
- your account number;
- the Services (if any) to which your claim pertains;
- a description of the nature and basis of the claim or dispute;
- a brief outline of previous efforts to resolve the dispute;
- an explanation of the specific relief sought and the basis for the calculations;
- all supporting documentation; and
- if you have retained an attorney, your signed statement authorizing Windstream to disclose your confidential account records to your attorney if necessary to resolve your claim.
The claim must be signed, and a copy along with proof of payment of the filing fee should be sent to Windstream at:
4005 Rodney Parham Rd.
Little Rock, AR 72212
Attn: Legal Department
Unless you specifically request otherwise, the Executive Customer Relations group may still contact you regarding the claim even if you are represented by counsel.
- Arbitration Fees and Applicable Rules. The arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules"), as modified by these Terms, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.orgor by calling JAMS at 1-800-352-5267(JAMS).
The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the Dispute Resolution provision, whether a dispute can or must be brought in arbitration, or whether there has been a violation of the Class or Mass Action prohibition, which are for the court to decide.
Unless agreed otherwise, arbitration hearings will take place in the county (or parish) of your billing address. If your claim is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
After Windstream receives notice that you have commenced arbitration and proof of payment, we will reimburse you for payment of the filing fee, unless your claim is greater than $75,000 (“JAMS’ fees”). A consumer’s share of the filing fee is currently limited to $250, though JAMS may change that amount. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules. You agree to reimburse Windstream for all monies previously disbursed that are your obligation to pay under the JAMS Rules. In addition, if you initiate an arbitration seeking more than $75,000 in damages, the payment of JAMS’ fees will be governed by the JAMS Rules. If Windstream initiates the arbitration, it will pay JAMS’ fees regardless of the amount of its claim.
- Alternate Payment by Windstream. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award, exclusive of attorneys’ fees, that is greater than the value of Windstream’s last written settlement offer made before an arbitrator was selected, then Windstream shall pay the greater of the award or $5,000 ("the Alternative Payment"). If Windstream did not make a written offer to settle the dispute, you are eligible to receive the Alternative Payment if the arbitrator awards you relief less than $5,000 on the merits. If you are still a current customer when the arbitrator’s award is issued, then Windstream, in its sole discretion, can pay the Alternative Payment by issuing a credit for services on the Customer’s account.
- Attorneys’ Fees. If you are entitled to the Alternative Payment, then Windstream will also pay your attorney, if any, the amount of attorneys' fees, and reimburse any reasonable expenses, that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the Attorney Premium"). If you are not entitled to this Attorney Premium, Windstream will reimburse for reasonable attorneys’ fees and reasonable expenses if it is required to do so under applicable law. However, you may not receive both the Attorney Premium and an award of attorneys’ fees under a statute.
- No Duplicative Awards. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, the Alternative Payment and the Attorney Premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. However, you may not recover duplicative awards of attorneys' fees or costs.
- Individual Arbitration Required. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WINDSTREAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER OR MASS ACTION MEMBER IN ANY PURPORTED CLASS, MASS ACTION, OR REPRESENTATIVE PROCEEDING EXCEPT AS OUTLINED IN SUBSECTION 3(B)(VII).
Unless agreed otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, or private attorney general claims. The parties expressly waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a Mass Action. Neither an arbitrator nor an arbitration provider shall have authority to hear, arbitrate, or administer any Mass Action except as provided in subsection 3(b)(vii) below. A “Mass Action” includes, but is not limited to, instances in which you or Windstream are represented by counsel, a law firm, or collection of coordinated law firms that has filed twenty-five (25) or more arbitration demands of a substantially similar nature against the other party within one hundred and eighty (180) days of the arbitration demand filed on your or Windstream’s behalf.
You and Windstream agree that one of the essential purposes of this Dispute Resolution provision is to provide for the prompt, efficient, and cost-effective resolution of disputes and is a material part of these Terms. Subsection 3(b)(vii) furthers these purposes by ensuring disputes are resolved on an individual basis and by providing for alternative low-cost paths to resolving individual disputes. Any claim that all or part of this Class or Mass Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this specific proviso is found to be unenforceable, then the entirety of this Dispute Resolution provision shall be null and void.
- Procedure in the case of Prohibited Mass Actions. If a court determines that a breach of the Dispute Resolution provision has occurred, or that you have participated in a prohibited Mass Action, then we agree that the following shall apply, in addition to any other remedy ordered by a court.
a. Opting Out. If it is determined that there has been a violation of the Mass Action waiver, the parties may opt out of arbitration within thirty (30) days of the decision and proceed on an individual basis in small claims court. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Windstream at:
4005 Rodney Parham Rd.
Little Rock, AR 72212
Attn: Legal Department.
This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Windstream may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. The ability to opt out of arbitration described in this subsection 3(b)(vii) only applies if it has been determined by a court that there has been a violation of the Mass Actions prohibition. If the parties do not opt out of the arbitration, the parties agree to following the batching procedure outlined below. You agree to this process even though it may delay the arbitration of your claim.
b. Batching. In the first batch, claimants’ counsel and Windstream will each select ten (10) cases (twenty (20) cases total) to be filed in arbitration and resolved individually by different arbitrators. In the meantime, no other cases may be filed or proceed in arbitration, and JAMS must not assess or demand payment of fees for the remaining cases, administer, or accept them.
After the first batch is completed, the parties must engage in a single mediation of all remaining cases with the mediation costs being split between the parties. If the parties cannot agree how to resolve the remaining cases after mediation, they will repeat the process of selecting and filing twenty (20) additional cases to be resolved individually by different arbitrators, followed by mediation.
If any claims remain after the second batch, the process will be repeated until all claims are resolved. However, a total of fifty (50) cases may be filed in the third and later batches and will be randomly selected. The parties may also negotiate with JAMS regarding the amount or timing of JAMS fees.
c. Tolling. If this subsection 3(b)(vii) applies to a dispute filed with JAMS and the parties elect the batching procedure set forth herein, the relief set forth in that claim will be extended (including the tolling of any applicable statute of limitations or contractual limitations period for the claims and requested relief) until that claim is selected for a batched proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this subsection, including by enjoining the Mass Action filing, the prosecution or administration of arbitrations, or the assessment or collection of JAMS’ fees.
d. Severability. This subsection 3(b)(vii) is intended to be severable from the rest of this Dispute Resolution provision. If, a court determines that the batching process in this subsection is not enforceable, then the cases may be filed in arbitration and the payment of JAMS filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.
- Confidentiality. Any arbitration shall remain confidential. During the arbitration, the amount of any settlement offer made by either Windstream or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Windstream is entitled. Neither you nor Windstream may disclose the existence, content, or result of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
- Notice to California Customers. California Customers may seek public injunctive relief through arbitration if, and only to the extent, provided by California law (if deemed applicable) and, in the event the provisions of this Section 3 are found to be unenforceable despite the foregoing exception, such California Customers may seek public injunctive relief through the courts only after the individual claims are fully resolved in arbitration. The preceding sentence shall not apply to Customers in any other state.
- Exceptions. Nothing in this Section shall prevent Windstream from doing the following:
- issuing notices, including takedown notices for alleged trademark or copyright infringement pursuant to the Digital Millennium Copyright Act;
- termination of Service pursuant to Windstream’s Acceptable Use Policy for your abuse of your Internet access Services; or
- filing a lawsuit, including through a third-party collections agency, in a court of general jurisdiction to collect outstanding balances for unpaid Services or Equipment, any other type of charge owed on your account, or for the theft of any Services or Equipment by you even if the amount in controversy exceeds the limits of small claims in the jurisdiction in which the nonpayment arises.
- Limitation of Liability. This Section 3 is subject to the Section 17 (Limitation of Liability) in these Terms.
- Limitations Period. Except as provided in subsection 3(b)(vii), any written dispute must be brought by you or Windstream within two (2) years after the date the basis for the claim or dispute first arises.
4. 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. Certain offers may include limited-time promotional pricing; at the end of any promotional pricing period, standard rates for the applicable Service(s) will apply and you will be responsible for payment of such increased rates. 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.
As a convenience to you, we may include charges for third-party services purchased or ordered using your Windstream 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 such 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.
5. 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) thirty (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.
Additionally, you may be enrolled in paperless billing when you subscribe to Windstream Services. If you have paperless billing, each month we will send an email to your official email address on file with the Company when your invoice is available. You may review your monthly bill and make a payment, or switch back to a paper bill by changing your billing preference, in the Go Kinetic portal (my.gokinetic.com). You may also call us at 800-347-1991 to change your billing preference. Please note that a monthly fee may apply if you choose to receive a paper bill.
Payment 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.
Further, you agree that you may be subject to collections either by Windstream or a third-party collections agency. If Windstream uses a collection agency or commences legal action to recover monies due, to the extent permitted by law, you must reimburse Windstream all expenses incurred to collect amounts you owe us, including attorneys' fees. If your account is referred to third-party collections, you are responsible for payment of any collection fee which will be assessed and due at the time of the referral. Subject to applicable law, you agree that Windstream is not responsible or liable for any negative consequences that may arise as a result of referring your account, payment information, or history to any third-party credit reporting or collections agency.
We 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.
6. Credits, Deposits, and Advanced Payments.
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 or participate in certain payment-related programs, such as automatic payment enrollment, as security for payment of charges. If you decline to participate, or cease participation at any time, in such payment-related programs, or if either the amount/number of Services is increased, you are late on payment or your credit rating changes, an initial or additional deposit or advanced payment may be required. 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.
7. Termination by You.
a.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 installation.
b.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.
c.Fixed-Term Agreements. 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 MINIMUM MONTHLY FEE (“MMF”) FOR THAT LOCATION, THEN YOU AGREE TO PAY AN AMOUNT EQUAL TO THE MMF FOR EVERY MONTH REMAINING IN THE THEN CURRENT TERM (“LIQUIDATED DAMAGES”).
You 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.
d.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.
e.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.
f.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.
g.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 your numbers, or you leave any Services connected, then we will continue to bill you for the numbers and/or Services still connected.
8. 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:
- you do not honor any provision of this Agreement;
- 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, its employees or Windstream’s other customers from an imminent and significant operational, physical, financial or security risk, in which case Windstream will provide advance notice if practicable;
- you modify your phone, or any software residing thereon, from the original manufacturer specifications, including for the purpose of accessing non-Windstream services;
- 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);
- you resell any Service;
- for any other reason set forth in the relevant tariffs and price lists or terms and conditions;
- 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;
- facilities or property associated with providing the Services have been condemned, or use has been prohibited by the government in any manner;
- you fail to acquire and maintain the right-of-way or property access necessary for installation or maintenance of Services;
- 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;
- 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;
- you make nuisance calls, impersonate another person, use obscene or profane language or are verbally or physically abusive or harassing when interacting with Windstream representatives, Windstream may in its sole discretion but, is not required to provide advanced notice or warning; or
- 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). Windstream reserves the right to delete your windstream.net email account, without notice, if unused for one hundred and eighty (180) consecutive days. The contents of the email account will be unrecoverable once the account has been deleted.
9. 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.
10. Disputed Bills.
You must review bills in a timely manner. To dispute a bill, you must comply with the Dispute Resolution provisions in Section 3, and submit your dispute, in writing, within sixty (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 sixty (60) days and must pay those charges.
11. Company Provided 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 thirty (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.
12. Disconnection 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.
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.
14. 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.
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 purchased 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 purposes:
- To protect our rights or property, or those of other customers or carriers, from fraudulent, abusive, or unlawful use of or subscription to the Services you get from us;
- To initiate, render, bill, and collect for your Services;
- To provide information telemarketing, referral, or administrative services to you, when you call us, if you give us permission to do so;
- To provide call location information regarding the user of a wireless mobile Service to certain other parties in an emergency situation;
- To provide information requested by law enforcement or a third-party pursuant to a subpoena or other method of requesting information. We will not give you notice of any subpoena or court or administrative orders related to your account, IP address, contact information, or use of Services unless required to do so by law.
If you do not want us to provide your information to other Windstream entities, please notify us by calling Residential Support at 800-347-1991 or Business Support at 800-843-9214.
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.
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.
19. 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.
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 and incorporated policies, as they may change from time to time, applies to 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 all claims stemming from usage of this account and any subaccounts, whether or not such usage is expressly authorized by you.
21. 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.
If your voice Services are provided via an internet connection (e.g., voice over Internet protocol (VoIP), Centrex, and private branch exchange), the Services are different from traditional voice services and require both electrical power and broadband function. The Services will not function if power is lost, if there is a disruption to the broadband connection, if the network is congested, or if your account has been suspended. You expressly acknowledge that in such instances You or anyone using Your Services will not be able to place or receive calls including calls to emergency 911 services and that communications between a home security system and home security monitoring service will not function. Windstream strongly recommends you maintain an alternative means of accessing 911 Services and that you purchase a battery backup for use with your Services during power outages, more information can be found on windstream.com.
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 thirty (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 ten percent (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.
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.
26. Product Bundles - Specific Terms and Conditions (alphabetically).
Product Descriptions, generally, can be found at https://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.
- Broadband Protection Plus. This Service includes the wiring coverage of Protection Plus (see below) and the installation of the NIC (network interface card). For installation and NIC replacement, the system must be Windows 2000 SP-4 or higher. With other operating systems, such as Mac or Linux, we will only cover replacement Customer Premise Equipment (CPE) and wiring/cabling, but will not cover installation, software, or NIC. The Broadband modem (if provided by us) will be replaced, if damaged by an electrical surge or natural act (i.e., lightning, floods, etc.); please note, free modem replacement is not available to customers purchasing Broadband Protection Plus on or after December 1, 2014. Additionally, customers who have purchased Broadband Protection Plus prior to December 1, 2014 and who wish to upgrade to a new modem will be required to move to Windstream’s Modem Rental Program (see below) and end their Broadband Protection Plus coverage; for customers who have purchased a bundle adder prior to December 1, 2014 that includes Broadband Protection Plus, the adder will be changed to include Protection Plus (and not Broadband Protection Plus) upon moving to Windstream’s Modem Rental Program. This Product does NOT cover the following: a) home networks (even if Equipment is purchased from us); b) LAN software; c) bandwidth/throughput guarantees; d) damage to PCs from viruses; e) non-standard wiring; f) PC Hardware (other than NIC); g) Cisco 827H and 827HI modems; h) operating systems and software maintenance; or i) integrated NIC cards and internal NIC laptop cards.
- Centrex. Within 30 days of subscribing, you and Windstream will agree on the specific features, functions, and minimum lines and groups to be provisioned. Charges based on agreed minimum lines. We reserve the right to bill you at hourly rates for all programming, installation, or other labor associated with any adjustments to features and functions at initial installation and when changes are made later.
- DIRECTV. Kinetic by Windstream partners with DIRECTV for entertainment options. Subject to Equipment Lease & Customer Agreements. Programming, pricing, terms, and conditions subject to change at any time. Some offers may not be available through all channels and in select areas. Visit https://www.att.com/legal/directv for details.
- DIRECTV STREAM. Service subject to DIRECTV STREAM terms and conditions (see directv.com/legal/). Requires high speed internet. Minimum internet speed of 8Mbps per stream recommended for optimal viewing. Compatible device required. Residential U.S. customers only (excludes Puerto Rico and U.S. Virgin Islands). Your DIRECTV STREAM service renews monthly at the prevailing rate, charged to your payment method on file unless you cancel. New customers who cancel service in the first 14 days will receive a full refund. Otherwise, no refunds or credits for any partial month periods or unwatched content. However, once you've cancelled, you can access DIRECTV STREAM through the remaining monthly period. Regional Sports & Local Channels: Regional Sports available with CHOICE and above. Not available in select areas. Channels vary by package & billing region. Device may need to be in billing region in order to view. Taxes: State and local taxes or other governmental fees and charges may apply including any such taxes, fees or charges assessed against discounted fees or service credits. Limits: Offers may not be available through all channels and in select areas. Programming subject to blackout restrictions. See www.directv.com/stream/ for details.
- Enhanced, Premium and Ultra Premium Internet. Enhanced, Premium, and Ultra Premium Internet Services are subject to the Broadband Network Statement and are available in speed tiers, with the high-end range of a tier representing the anticipated maximum speed capabilities. We strive to provision the line up to the maximum speed required to support the qualified and subscribed Service, but actual speed and performance may vary based on factors such as the condition of wiring inside a specific location; customer proximity to equipment supporting the service; computer configuration; network or Internet congestion, particularly during peak hours very generally defined as 7p.m. – 11p.m. weeknights (peak hours may vary depending on the customer location); number of users attempting to use or using the Internet Service at the same time; and the server speed of the websites accessed. Customers receiving these Services should experience speeds within the speed tier selected.
- Fax to Email. You must have an email address to Send/Receive faxes via this Service, but email is not included with this Service. If you exceed your page limit per month, a minimum per page charge will apply. Overages are billed at $0.10/per page.
- High-Speed Internet. High-Speed Internet Service is subject to the Broadband Network Statement. Customers must agree to all terms of service prior to installing and using this Service. Speeds are distance sensitive, and availability by address varies. Services may be provisioned in a range, including a minimum speed and a maximum speed. The exact speed range is disclosed at the time of sale. We strive to provision the line up to the maximum speed required to support the qualified and subscribed Service, but actual speed and performance may vary based on factors such as the condition of wiring inside a specific location; customer proximity to equipment supporting the service; computer configuration; network or Internet congestion, particularly during peak hours very generally defined as 7p.m. – 11p.m. weeknights (peak hours may vary depending on the customer location); number of users attempting to use or using the High-Speed Internet Service at the same time; and the server speed of the websites accessed availability. We cannot guarantee speeds or uninterrupted error-free Service.
- Identity Protection. Windstream partners with a third-party vendor to provide this Service. As a result of this, you may be required to accept certain terms and conditions of the Service as required by the third-party. Windstream reserves the right to alter the Service in any way including, but not limited to, changing the third-party provider of the Service or discontinuing this Service at any time.
- Internet Access. Internet Access Service is subject to the Broadband Network Statement. Service will be provisioned for a maximum download speed of 1 Mbps. Due to the nature of this Service, it is an “AS-IS” Service, and may be intermittent, specifically, during peak usage times of the day. This Service is not suitable for streaming video, gaming, or large downloads or uploads. Credits or adjustments for slow and/or varying speed, or not being able to access the Internet, will not be issued. Windstream cannot guarantee speeds or uninterrupted error-free Service.
- Internet Security & Security on-the-go: To be eligible for this service, a customer must be an active Kinetic by Windstream residential High-Speed Internet customer and subscribe to select Kinetic Secure plans. Kinetic by Windstream partners with F-Secure to provide this service and the customer may be required to accept additional terms and conditions from F-Secure. Requires installation, registration and access to the Go Kinetic mobile app and installation, registration and access to the Internet Security on-the-Go app. Windstream reserves the right to alter the services in any way, including but not limited to changing the third-party vendor, or discontinuing the services at any time.
- Kinetic Secure Home: By accessing services through Kinetic Secure Home (powered by our partner Scout Security, Inc. (“Scout”)) or using any equipment provided with the services by Scout you are agreeing to be bound by the following terms:
- You must subscribe to select Windstream Internet plans to use products. Additional restrictions and fees may apply.
- You agree to any terms and conditions linked to or associated with the products and services provided by Scout.
- You acknowledge that Windstream is only providing access to Scout’s services and that Windstream is not providing installation or monitoring services. Windstream accepts no responsibility for such activities. Windstream provides no warranties, representation or guarantees regarding products and services provided by Scout (or Scout’s partners and subcontractors).
- You release Windstream from any liability, damages, or losses of any kind associated with Kinetic Secure Home services provided by Scout, and for products and services provided by Scout’s partners or subcontractors (including monitoring services), and any other party providing goods or services through Scout.
- You acknowledge installing a home security or monitoring system cannot prevent trespassing or breaking and entering into your premises, property loss or damage, or physical harm or death due to an intrusion.
- Kinetic Secure Home Kits: Must subscribe to select Windstream Internet plans to use products. Additional restrictions and fees may apply. Kinetic Secure Home is subject to Windstream’s terms and conditions available at https://www.windstream.com/about/legal/Terms-and-Conditions.
- Technical Requirements: Requires a device compatible with Android 5, iOS 9, or higher to operate.
- Professional Installation Services: Windstream will not perform or advise on installation of products. All professional installation services must be provided by third-party service providers, and any third-party installation services will be governed by your agreement with that third-party service provider.
- Money Back Guarantee: If you cancel the Kinetic Secure Home Kit service within thirty (30) days after the start of service, all service charges including charges for equipment will be refunded. Kinetic Secure Home equipment must be returned upon termination.
- General: You have sole responsibility for complying with all codes, laws, and standards that may apply to the installation, placement, and maintenance of the home security system. In some jurisdictions, you may have legal rights under applicable national or state legislation governing the sale of home-security consumer goods and services. Windstream reserves the right to alter the services in any way, including, but not limited to, changing the third-party vendor, or changing and discontinuing the services at any time.
- Managed Network Security CPE. This Service requires a minimum commitment and subscription to Windstream Internet Services. Security-gateway equipment must be returned upon Service termination.
- Modem Rental Program. This Program covers lifetime support of new modems provided by Windstream on or after December 1, 2014. Customer is responsible for payment of a monthly recurring equipment fee that will cover repair or replacement by Windstream of damaged modems. Repair or replacement will occur as Windstream deems necessary. Windstream retains all rights, title and ownership interest in and to the modems provided by Windstream as part of this rental program and the modems shall at all times remain the property of Windstream. You agree not to mishandle, abuse, misuse, or improperly store or operate the modem. Any Windstream-provided modem will either be new or a fully inspected and tested refurbished unit. Any Windstream-provided modem will be capable of wireless networking, but devices supported by in-home wireless networking connections may experience speeds that do not equal speeds referenced in your High-Speed Internet purchased plan or advertised speeds. With wireless networking, actual throughput speed may be impacted by several environmental factors including but not limited to; interference from other equipment or devices in the home, distance from the modem, modem location, types of devices connected, physical obstructions, and time of day. Connecting your device directly to the modem may optimize speed. Modems must be returned to Windstream within thirty (30) days of cancellation, or your account will be automatically charged a $100 fee and Windstream will retain any advance payment or deposit, or portion thereof that previously had not been refunded if you fail to return the modem within this time period. The equipment return requirements also apply if your existing modem is replaced or upgraded for any reason.
- Personal Computer Offers. Windstream resells personal computers that are manufactured and warranted by a third-party. All support and warranties are provided by the manufacturer.
- Phones at Home Protection Plan. This plan provides for repair or replacement of residential phones. You must sign up and agree to additional terms—applicable specifically to this Plan—via the Windstream Phones-at-Home-Protection-Plan Registration Form to obtain Phones at Home Protection from us.
- Premium Technical Support (formerly known as Tech Help and Whole-Home Agent). Windstream reserves the right to alter the Service in any way, including, but not limited to, changing the provider of this Service or discontinuing this Service at any time. The purchase and use of this Service requires you to be an active Windstream residential High-Speed Internet customer. This Service is provided via agents remotely accessing the Customer’s computer over the internet, and therefore requires that the computer be capable of connecting to the internet. This Service includes: (a) PC and Macintosh support; (b) PC Optimization; (c) setting up new PCs and transferring files and data from the old machines; (d) setting up and encrypting wireless networks; (e) handling Windows issues; (f) connecting and setting up printers and other peripherals such as scanners, printers, and PDAs/Smartphones; and (g) software installation, tutorials, and tips. It Does NOT include the following, among other items that cannot be solved remotely: (1) site visits, if needed; (2) failed/broken hard drives; (3) adding more RAM; (4) cracked motherboards; (5) bad USB ports or connectors; and (6) replacing broken hardware. This Service’s Minimum System requirements are Windows XP or Vista, Intel Pentium or Pentium II Processor with 500 MHz or faster for Windows XP, 256 MB or higher. UNIX, LINUX or older Windows operating systems are not supported.
- Professional Installation (Residential). This Service is provided for the connection of up to three computers, per home, to the internet when computers are being connected via Windstream-provided equipment. This Service includes: a) setting up the initial High-Speed Internet connection; b) installing the NIC, if necessary; c) installing the necessary filter on the telephone line; d) performing the initial wireless setup of up to four peripheral devices, including the Windstream wireless gateway (customer may be required to provide user guides for peripheral devices); e) DNS entries, configuring DHCP/Static IP address, gateway, etc.; f) performing various network connectivity tests to ensure each network element has proper connectivity; g) h) installation of one jack if needed for the High-Speed Internet Service. It does NOT include t) software installation other than what is included with the modem or provided by Windstream; u) PC installation; v) station cabling or CAT 5 patch cables; w) removing any applications, unless the application must be removed to make the TCP/IP connection to the Internet work; x) CPE charges; or y) resolving LAN issues, including, but not limited to, shared network drives, driver issues or other hardware issues. We reserve the right to not provide this Service if the requirements are beyond the standard scope of work.
- Secure Broadband. This Service requires a minimum term commitment. Service includes Internet and one static IP address for Managed Network Security. Additional static IP addresses may be available for an additional charge.
- Unlimited Long Distance (Residential). Intended for personal, residential voice calls within the U.S. Calling restrictions include, but are not limited to, business use, Internet services, telemarketing, auto-dialing, multi-party conferences, party or chat lines, adult-entertainment lines, and voicemail- or information-services access. If usage is inconsistent with residential voice calling, then Windstream may: (1) charge 10 cents per minute for each call that violates this policy; (2) restrict use or convert the plan to Windstream 10; and/or (3) void the price guarantee and convert rates to then current monthly rates.
- Voice Over Internet Protocol (VoIP)-Based Services. To access or use any VoIP Services, you must sign the 911 Disclosure form, which warns of, and has you acknowledge, certain 911 limitations for VoIP Services.
- Web Hosting. See policy for Web Hosting at https://www.windstreambusiness.com/hosting-policy.
- Wi-Fi Service. Wi-Fi service provided by a Windstream-provided modem may vary. Speeds provided via Wi-Fi are based on speeds available in real-world conditions. Once a device is connected to the internet via Wi-Fi, the performance experienced and the available speed may vary based on any number of factors, including maximum bandwidth allocated for Wi-Fi services, interference from other equipment or devices in the home, number of other users attempting to use or using the Wi-Fi at the same time, customer’s computer or wireless devices, quantity and quality of content being downloaded or uploaded, Wi-Fi receiving antenna, and the distance between the device and the modem. Connecting several wireless devices to a network at once can reduce available bandwidth, and impact speed, for each individual device. Reducing the number of devices connected to a network wirelessly may improve performance.
27. Legacy Products - Specific Terms and Conditions (alphabetically).
Products which may still have active customers but are no longer offered to new or existing customers.
- DISH Network Services. All prices, packages, and programming are subject to change without notice including, without limitation, any term commitment to which you have agreed. All DISH Network programming and any other services that are provided by DISH Network are subject to the terms and conditions of the Promotional Agreement and Residential Customer Agreement, which are available online at www.dish.com or upon request. Some promotions may require minimum programming. Certain promotions have an optional or mandatory term commitment period, and if you cancel your Services prior to the optional or mandatory term commitment period, certain termination or cancellation fees may apply. Hardware and programming are sold separately.
- Domain Renewals. New registrations with Windstream are free for 1 year, and then renewals are billed to the customer in 1-, 3-, or 5-year increments.
- Lifetime Price Guarantee. Certain Services are subject to a Lifetime Price Guarantee (“Guarantee”), as advertised by us; however, in addition to the Agreement set forth herein, the following conditions apply to this Guarantee:
- The Guarantee only applies to select Services. You must subscribe to at least one new bundle Service that includes select High Speed Internet, other select Internet Services, select Phone Services, or select DISH programming.
- Any package that includes DISH is subject to our continuing relationship with DISH. If such relationship ends for any reason, then Guarantee bundles that include DISH may be terminated at our discretion. Additionally, channels available to you as part of DISH programming are subject to change without notice. You are not guaranteed any particular channel or number of channels.
- A DISH activation fee may apply.
- If DISH Service is terminated by you before the end of any commitment, then a cancellation fee based on the number of months remaining in the commitment will apply.
- The Guarantee is void if you move, make any changes to your Services, disconnect, if you are disconnected by us, or if any portion of your account balance becomes past due.
- If you order additional Services and equipment, including, but not limited to, HD or DVR receivers, additional charges apply.
- The Guarantee covers only the advertised price, and does not include current or future taxes, fees, or other charges.
- Price Lock. The Price Lock applies to select bundle products. This plan is in addition to the monthly recurring rate for your bundled Services, any Services and equipment you may purchase, and current and future taxes, fees, and other charges. The Price Lock is void and current monthly rates will apply if any portion of the bundled Service or feature is disconnected or changed or if any portion of your account balance becomes past due. Price Lock may be void if you move, even if the move is within Windstream Service locations.
- Protection Plus. This Service is a wire maintenance plan that includes the repair or replacement of existing jacks/outlets (not including the addition or move of existing jacks) that meet our installation standards. This Service provides coverage for one access line. Wiring and jacks damaged as a result of faulty, non-Windstream installation, the negligence or willful acts of you or your agent, vandalism, casualties such as fire or water damages, lightning, floods, or earthquakes are excluded. This Service does not cover Key, Centrex, and PBX systems.
- Security Suite. To be eligible for this Service, Customer must be an active Windstream residential High-Speed Internet customer. Windstream partners with McAfee, Inc. for this Service, and thus, customers may be required to accept additional terms and conditions from McAfee. Windstream reserves the right to alter in any way or discontinue this Service at any time. System requirements are an Internet connection, and either Google Android smartphones/tablets (with versions 2.3 and 4 respectively), or Windows Vista (32- or 64-bit) (Service Pack 1 (SP1) or higher) with: Microsoft® Internet Explorer 7.0 or later; Firefox 12 or later; Google Chrome 6.0 or higher; or Safari 5 or later.
- Windstream Shield Connect. Customer must subscribe to select High-Speed Internet plans to qualify. WI-FI Device Connectivity Support requires a valid, licensed copy of Windows XP SP2 or higher. Customer’s computer must have a minimum 256 MB RAM and minimum 500Mhz processor. WI-FI Device Connectivity Support excludes on-site support, software installation and tutorial, PC restoration, virus removal, virus assistance, peripheral setup, hardware issue, advance troubleshooting, and problem resolution. Protection Plus excludes lightning, floods, internal damage. Protection Plus is not available to travel trailers or motor homes. Windstream partners with third party vendors for these services, and you may be required to accept certain terms and conditions from these vendors for the services. Windstream reserves the right to alter the services in any way, including but not limited to changing the third-party vendor, or discontinuing the services at any time. Other restrictions apply.