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 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 AGENCIES.
You means the person or entity that subscribes to Services or purchases or leases Equipment and anyone who accesses the Services and Equipment provided to you.
We, us, our, and Windstream 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. Once Equipment is delivered to you, you bear the risk of loss. For ease of reference Services and Equipment provided by Windstream shall be referred to in this document collectively as Services.
Service Order means the form (whether paper or electronic, including on-line 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 20 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 »www.windstream.com/documents/det ··· ces.pdf;
3) the product (bundle)-specific Terms and Conditions (see Section 24 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 »www2.windstream.net/customersupp ··· pt.html;
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 on-line 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, do not begin using them and notify us immediately. By accepting this Agreement, you acknowledge that you are 18 years of age or older, are competent to enter into a contract with us, and are authorized to obtain Services or make changes to an existing account. You may obtain a copy of these Terms and any product-specific Terms and Conditions by visiting www.windstream.com or by calling a service representative at 877-807-9463. This Agreement supersedes any and all statements or promises made to you by any of our employees or agents. If you are a business customer with an existing contract, those contract terms will control.
3. Charges for Services and Taxes, Fees and Surcharges. You are responsible for paying all charges applicable to Services provided to you including, but not limited to, monthly recurring charges (MRCs), access charges, features, changes and moves to Services, installation charges, IP address charges, billing charges, toll, long distance, and directory assistance, and any other usage-based charges. In addition to the monthly recurring and usage-based charges, taxes, fees, surcharges, assessments and other charges 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 or surcharges and penalties associated with failure to pay taxes based on the proper address, and we may terminate your Services.
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 use or ordered, with increases on notice. All recurring charges are billed one month in advance. Billing at a location will begin upon the earlier of (i) the Installation Date (which may be the date administrative access to certain software-based Services is granted to Customer); or (ii) 30 days after delivery of the applicable facility and/or equipment to the Customer premises (if the delay in connection of the facility and/or equipment is due to Customer or its agent); however, 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.
Payment in full is due no later than the due date indicated on your bill and we may apply a late fee and 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.
If you have authorized payment for Services by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank a count for all amounts due to us for any reason.
5.Credits and Deposits. 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, in our discretion, require you to submit a deposit as security for payment of charges. In the future, an additional deposit may be required if either the amount or number of Services is increased 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 but the payment of a deposit in no way relieves you of paying your bills in a timely manner.
6.Termination by You
Pre-Installation. If you are a business customer and you terminate your order prior to the installation of Services, you may be required to pay a pre-installation cancellation charge equal to three (3) months of MRCs (or greater if our costs to other providers are greater than this amount). You agree that this charge is a reasonable measure of the administrative costs and other fees incurred by us to prepare for installation.
After Installation. If you cancel your Services or a portion thereof after installation, you remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased from us prior to termination and you will be charged for the full last month of Service with no proration or credit if you terminate Services prior to the last day of your billing cycle.
Fixed Term Agreements. When you signed up with us, you may have been required to commit to a term or a minimum purchase as part of your purchase of Services. 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, THE SERVICES WILL RENEW ON A MONTH-TO-MONTH BASIS. AS SUCH, IF YOU TERMINATE THIS AGREEMENT AFTER INSTALLATION DURING THE INITIAL OR RENEWAL TERM FOR ANY REASON OTHER THAN FOR CAUSE, YOU SHALL PAY TO US AS LIQUIDATED DAMAGES AN AMOUNT EQUAL TO 50% OF THE MRCS MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN-CURRENT TERM, OR 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) FOR THAT LOCATION, YOU AGREE TO PAY THE MMC EVERY MONTH OR RENEWAL TERM (LIQUIDATED DAMAGES). YOU AGREE THAT IN THE EVENT OF TERMINATION BY YOU, THE ACTUAL DAMAGE TO COMPANY IS DIFFICULT TO ASCERTAIN AND THAT THIS TERMINATION FEE REPRESENTS LIQUIDATED DAMAGES AND 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 and you will be charged for the full last month of Service with no proration or credit if you terminate Service prior to the last day of your billing cycle.
Bundled Services. If you receive bundled Services and you subsequently unbundle, terminate, or disconnect any of these Services, or we disconnect any of the Services, we may adjust the rates for the remaining Service(s) to the current price.
Change in Location. A change in your service address or the 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, we will continue to bill you for the numbers and/or Services still connected.
7.Termination by Us. We may limit, interrupt, terminate or refuse to provide a Service if you: (a) do not honor any provision of this Agreement; (b) use a Service in a manner that adversely affects other customers or harasses them, our employees, or others; (c) use Service to engage in fraud or unlawful conduct or are suspected of doing so; (d) modify your phone or any software residing thereon from the original manufacturer specifications, including for the purpose of accessing non-Windstream services; (e) use 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); (f) resell any Service; (g) for any other reason set forth in the relevant tariffs and price lists or terms and conditions; or (h) nonpayment of any amount owed by you to us or billed by us on behalf of others, at your request, including disputed amounts that Windstream determines are valid charges on your bills. We may restore such interrupted or terminated Service, in our sole discretion, following your correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your Service.
8. Personal Identifiers. We assign telephone numbers, e-mail addresses, IP addresses, and other personal identifiers in connection with the Services. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. In the event that we allow you to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer and to collect any money owed for Services.
9.Disputed Bills. You must review bills in a timely manner. To dispute a bill, you must comply with the dispute resolution provisions in Section 10 and submit your dispute, in writing, within 60 days after the date on the bill. You must pay any undisputed portion while your dispute is investigated. You accept all charges on your bill not disputed within 60 days and must pay those charges.
10. Dispute Resolution. By utilizing Windstreams Services and agreeing to these Terms, you agree to the
following dispute resolution procedures. You and Windstream agree to waive any right to a trial by jury in a court of general jurisdiction and any right to participate in a class action or consolidated action regarding a dispute as defined below. Specifically, you and Windstream agree to waive any right to pursue a dispute by joining a disputed claim with the disputed claim of any other person or entity or to assert a disputed claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
If you have a dispute with Windstream, you should notify Windstreams Customer Care department at the number listed on your invoice. If the Customer Care department is unable to resolve your dispute, you must submit your dispute to us in writing at the following address: Windstream Communications, Inc., 1720 Galleria Boulevard, Charlotte, NC 28270, Attn: Executive Customer Relations. You must describe your dispute and provide enough detail to allow us to understand it. You must provide any supporting documentation with your written dispute. Click here »www.windstream.com/legal.aspx
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 Windstreams 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 and whether the dispute arises under this or any prior agreement with us or arises after your Services with Windstream are terminated.
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 small claims court, if appropriate under the applicable courts rules, in the city or county of the billing address reflected on your bill; or (2) by arbitration. This Section does not prohibit you from submitting any issue you have with Windstream to any federal, state or local governmental agency or public service commission which may be able to seek relief from Windstream on your behalf. If the dispute is regarding the charges for Services, you agree that if you do not seek relief in small claims court or by arbitration following the 60 day dispute period, then you will immediately begin paying the disputed amount that Windstream determines is valid, plus any charges that were not paid during the 60 day dispute period, or Windstream may terminate the Services.
Regarding arbitration, you and Windstream specifically agree to finally resolve all disputes not filed in small claims court by arbitration that will be final and binding on both you and Windstream, subject to any exceptions required by applicable law. The following provisions shall apply to arbitration:
a. Notice: If you want to arbitrate a dispute with Windstream after expiration of the 60 day dispute period noted above, you must file a claim with the American Arbitration Association (AAA). Click here »www.windstream.com/legal.aspx
for a form that you may, but are not required, to use. The claim must include a description of the dispute, a brief outline of previous efforts to resolve the dispute, all supporting documentation and a proposed resolution. A copy of the claim and proof of payment of the filing fee, such as a copy of the check or money order, should be sent to Windstream at: 4001 Rodney Parham, Little Rock, Arkansas 72212, Mailstop B1F03-71A, Attn: Legal Department (Arbitration Notice Address). Windstream will reimburse you for the filing fee if your claim does not exceed $75,000. If Windstream wants to arbitrate a dispute with you after expiration of the 60 day dispute period noted above, Windstream will send a copy of its claim to your billing address.
b. Applicable Law: The interpretation and enforceability of the arbitration provisions, and whether a dispute is subject to arbitration, is subject to the Federal Arbitration Act (FAA) only and not state law.
c. Applicable Rules: Windstream and you agree that the arbitration will be conducted by the AAA. The rules governing the arbitration proceeding will be the current Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (AAA Rules) from the American Arbitration Association. The AAA rules are at www.adr.org or can be obtained by calling 1.800.778.7879.
d. Method of Arbitration: If your claim is for $10,000 or less, Windstream agrees that you may choose whether the arbitration will be conducted solely on the written documents submitted, by telephone or in person in the city or county of the billing address reflected on your bill. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The written documents can be the notice to arbitrate that either of us send to the other regarding arbitration and referenced above.
e. Arbitration Costs and Attorney Fees: If you properly file a claim with AAA pursuant to these arbitration provisions, and the amount of your dispute does not exceed $10,000, Windstream agrees to pay for all AAA filing, administrative and arbitrator fees (Arbitration Costs) and your reasonable attorneys fees (with reasonable hourly rates and expenses to be determined by the location of the arbitration) (Attorney Fees) incurred by you regardless of the decision of the arbitrator, unless your claim is found to be frivolous or improper (as set forth in the Federal Rules of Civil Procedure Rule 11) by the arbitrator. A portion of the payment of Arbitration Costs may be in the form of reimbursement, as you may be required to place a deposit when your notice of arbitration is filed. If the claim is found to be frivolous or improper, the AAA Rules will apply regarding payment of Arbitration Costs. If your dispute exceeds $10,000 but not $75,000, Windstream agrees to pay all the Arbitration Costs and 50% of your Attorney Fees. For disputes of $75,000 or more, the AAA rules regarding Arbitration Costs will apply. However, Windstream agrees to pay 50% of the Arbitration Costs, and each party will pay its own Attorney Fees incurred for disputes of $75,000 or more. Notwithstanding the foregoing, if your claim is found to be frivolous or improper (as set forth in the Federal Rules of Civil Procedure Rule 11) by the arbitrator, Windstream will have no obligation to pay any of your Attorney Fees. If Windstream disputes the reasonableness of any Attorney Fees, you agree that the presiding arbitrator shall determine what is a reasonable fee and his/her decision regarding Attorney Fees will be binding on both you and Windstream. In no event shall Windstream be entitled to an award of its Attorney Fees.
f. Awards: If the arbitrators award is in your favor and is greater than the value of Windstreams last settlement offer made to you prior to selection of the arbitrator, Windstream will pay you the amount of the arbitrators award or $3,000, whichever amount is greater. Windstream also will pay your attorneys reasonable fees, including expenses, or $2,500, whichever amount is greater.
g. Injunctive relief: If you seek declaratory or injunctive relief in the arbitration, the arbitrator may award such relief only to the extent necessary to provide relief warranted by your individual claim.
h. Consolidation: The arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of a representative or class proceeding.
i. Confidentiality: Any arbitration shall remain confidential. During the arbitration, the amount of any settlement offer made by 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.
j. Exceptions: Nothing in this Section shall prevent Windstream from issuing notices, including take-down notices for alleged trademark or copyright infringement pursuant to the Digital Millennium Copyright Act, or termination of service pursuant to Windstreams Acceptable Use Policy for your abuse of your internet access services. Nothing in this Section shall prohibit Windstream from filing a lawsuit in a court of general jurisdiction to collect outstanding balances for unpaid Services or Equipment, or any other type of charge owed on your account, or for the theft of any Services or Equipment by you. This Section is intended to resolve outstanding disputes between us and not to collect a debt owed by you to Windstream.
k. Limitation of Liability: This Section is subject to the Limitation of Liability Section in these Terms and Conditions.
l. Limitations Period: Any dispute must be brought by you or Windstream within two years after the date the basis for the claim or dispute first arises.
Notwithstanding any provision in these Terms and Conditions to the contrary, you and Windstream agree that if Windstream makes any future change to this arbitration provision (other than a change to the notice addresses), you may reject any such change by sending Windstream written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
If the provisions concerning the waiver of the class or consolidated actions, or the provisions regarding mandatory arbitration, are deemed unenforceable or void as a matter of law, you and Windstream agree that all claims will be brought in a court of general jurisdiction and not resolved through arbitration. YOU AND WINDSTREAM WAIVE, THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICES PROVIDED BY US.
11. Services Provided by Third Parties. The Services will be provided either by us or by our third party vendors or contractors. We reserve the right to change or modify the source of any Services provided to you without notice.
12. Company Provided and Owned Equipment. Any Equipment installed by us on your premises that is not the subject of a sale or lease to Customer (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, you shall reimburse us for the full purchase price of the equipment as well as any attorneys fees and costs.
13. 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 or undertake special construction 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.
14. 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.
15. Privacy and Customer Proprietary Network Information. You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance. For on-line 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 on-line 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 initiate, render, bill and collect for your Services
To protect the rights or property of us or other customers or carriers from fraudulent, abusive, or unlawful use of or subscription to the Services you get from us;
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 866-347-1991 or Business Support at 800-843-9214.
When you view your account information or shop for Services on-line, you agree that we may display your CPNI on-line
after proper verification by you to fill orders or allow you to make account changes.
16. Theft and Fraud. If your Services are lost or 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, DISCLAIMER OF WARRANTIES AND EMERGENCY/CRITICAL LINES SECTIONS, OUR OR WE INCLUDES WINDSTREAMS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS AND ANY ENTITY ON WHICH BEHALF THE COMPANY RESELLS SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY SERVICES, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, 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, INCLUDING BUT NOT LIMITED TO, STRIKES, LOCKOUTS, OTHER LABOR UNREST, 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.
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.
18. DISCLAIMER OF WARRANTIES. 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 OR 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 CUSTOMERS REQUIREMENTS OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER THE NETWORK. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY COMPANYS EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION.
19. 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 proceeding with use of Services, you assume all responsibility and risk of harm, loss, or damage in the event that 911 access fails, is not possible, or does not provide the address, correct address, extension or other information to emergency authorities.
20. Changes to these Terms and Conditions. We may change these Terms, including any change in any charge or fee, or 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, 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.
As noted in Section 10, if Windstream makes future changes to the arbitration provision in that Section (other than a change to the notice addresses), you may reject this change by sending Windstream written notice within 30 days of the change to the Arbitration Notice Address. By rejecting the change, you agree that you will arbitrate any dispute between us in accordance with the language in Section 10 existing prior to the change.
21. 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.
22. 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.
23. 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.
24. Product Bundle - 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.
Broadband Protection Plus includes the wiring coverage of Protection Plus (see below) and professional installation of Broadband, NIC (network interface card) if needed and Broadband-specific software provided by us for one computer at initial installation and only includes specific types of equipment. For installation and NIC replacement, the system must be Windows 2000 SP-4 or higher. With other operating systems, such as Mac and Linux, we will only cover replacement Customer Premise Equipment (CPE) and wiring/cabling but will not cover installation or software or NIC. The Broadband modem (if provided by us) will be replaced if damages by an electrical surge or natural act (i.e., lightning, floods, etc). This Product does NOT include: 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 feature, functions and minimum lines and groups to be provisioned. We will base charges on the agreed minimum lines. We will have 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.
Conference Calling. All per minute conferencing has a minimum per call. Flat Rate Audio and Web Conferencing is limited to 5,000 minutes per month, is only available to you if you have 10 lines or less, is limited to 5 participants on a call simultaneously and you must use Reservationless-Plus. Flat Rate Web Conferencing requires user licensing at varying rates.
Credit Card Acceptance. Credit card processing services are NOT provided by us and are instead provided by a third party vendor, with which you may be required to enter an agreement. We do not in any way provide credit card processing services, and we are not liable for, nor do we make any representation or warranty regarding the vendors services. You are solely responsible for any applicable Payment Card Industry security and other standards applicable to accepting credit cards.
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.dishnetwork.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.
Fax to Email. You must have an email address to Send/Receive faxes via this Service but email is not included with the Service. If you exceed your page limit per month, a minimum per page charge will apply.
Google. IF YOU SUBSCRIBE TO GOOGLE THROUGH US YOU WILL BE REQUIRED TO COMPLETE A CLICK-THROUGH AGREEMENT FOR THE GOOGLE LICENSE. We may cancel Google Services at any time on 30 days notice and, at our option, may either terminate such Google Services altogether or move you to a similar platform. In the event that we or you terminate the Google Services or downgrade or cancel Google Services, you are solely responsible for downloading all your information to your computer within 30 days.
Installation. Provided for only one computer per business or home and you must sign a waiver/disclaimer prior to our technicians working at your premises. This service includes: a) setting up the initial DSL connection; b) installing the NIC, if necessary; c) installing the necessary filter on the telephone line; d) DNS entries, configuring DHCP/Static IP address, gateway, etc.; and e) performing various network connectivity tests to ensure each network element has proper connectivity; It does NOT include: t) software installation other than what is included with the router; u) PC Installation (the computer must be installed before we can do a DSL installation); v) station cabling or CAT 5 patch cables; w) new or additional jacks for the DSL service; x) removing any applications unless the application must be removed to make the TCP/IP connection to the Internet work; y) CPE charges; or z) 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. Wireless networking connections are available for additional charge (Equipment must be purchased from us).
Identity Protection. This Service is NOT provided by us and is instead provided by a third party vendor with which you may be required to enter an agreement. We reserve the right to alter or discontinue this plan at any time.
Internet/Broadband. Speeds are distance-sensitive and availability by address varies. We strive to provision the line up to the maximum speed required to support the qualified and subscribed Service but actual speed will vary based on factors such as the condition of wiring inside a specific location; computer configuration; network or Internet congestion; and the server speed of the websites accessed. We cannot guarantee speeds or uninterrupted, error-free service.
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:
Only available to customers who subscribed to services subject to Lifetime Price Guarantee prior to January 1, 2012.
The Guarantee only applies to Services that are part of a bundle, and not a stand-alone service. You must subscribe to at least one new bundle service that includes select High Speed Internet, select Phone services select Cable TV programming OR select DISH programming.
Any package that includes DISH is subject to our continuing relationship with DISH. If such relationship ends for any reason, 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, a cancellation fee based on the number of months remaining in the commitment will apply.
Channels available to customer as part of any select packages of programming through Windstream Cable TV are subject to change without notice and customer is not guaranteed any particular channel or number of channels. A Cable TV service activation fee may 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.
Long Distance. Domestic calls are billed in six-second increments with a eighteen-second minimum. A sixty-second minute is broken down into ten six-second blocks and any calls with talk-times of eighteen seconds or less will be billed for eighteen seconds. Usage may be monitored for compliance/abnormal usage and you may be required to demonstrate compliance with these restrictions. If usage is inconsistent with these restrictions, Windstream may: (1) charge an additional amount per minute for each call that violates this policy; (2) restrict use or convert you to another plan; and/or (3) void any applicable price guarantee.
Unlimited Long Distance cannot be used for auto-dialing (including automatic outbound dialing systems or call distribution systems), broadcast fax, long distance internet or intranet access, fax machines, softphones or data devices, transcript services, telemarketing, multi-party conferencing calling (excluding 3-way calls), party lines, chat lines, adult entertainment lines, calls to 900 and 976 numbers, or call center and certain switching applications. In addition, for residential users, unlimited long distance may not be used for business use.
Managed Network Security. (Connectstream). Requires a minimum commitment and subscription to our High-Speed Internet Service. Security gateway equipment must be returned upon service termination.
Online Backup. This Service is provided by a third party vendor, but requires you to subscribe to our High-Speed Internet Service. To access this Service, you must agree to our Online Backup Service Agreement, which will be presented to you when you attempt to activate the Service. We do not support operations with stand-alone or network servers. The Service works with both Windows and MAC systems. Minimum system requirements include Windows XP SP2 or higher, Windows Vista SP1 or higher and Internet Explorer 6 or 7.
Personal Computer Offers. Personal Computers are not manufactured by us and are therefore also subject to all manufacturers warranties in lieu of our terms and conditions.
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 in order to obtain Phones at Home Protection from us.
Price Lock. This plan is in addition to the monthly recurring rate for your bundled service, 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. If your unlimited long distance usage that is part of the bundle is inconsistent with residential voice calling, Windstream may void Price Lock and convert the bundled rate to then current monthly rates or void the bundle entirely and convert your rates to stand-alone High Speed Internet rates and unlimited long distance rates.
Protection Plus. This Service is a wire maintenance plan that includes 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.
Secure Broadband requires a minimum term commitment and includes Internet and one static IP address for Managed Network Security. Additional static IP addresses may be available for an additional charge.
Security Suite is a desktop security suite that is NOT provided by us and is instead provided by a third party vendor. Security Suite is subject to the vendors End-User License Agreement prior to Customers use. System requirements include: Microsoft Windows 2000 (32-bit) with Service Pack 4 (SP4) or higher , Windows XP (32-bit) with Service Pack 1 (SP1) or higher, Windows Vista (32- or 64-bit) and Windows Vista Service Pack 1 (SP1) or higher, 800 X 600 or higher resolution, 256 MB RAM, 75 MB of available free drive space, Internet connection, Microsoft Internet Explorer 6.0 or later, and (optional) Mozilla Firefox 1.5 or later.
Tech Help requires a minimum term commitment and is a PC support service that provides remote assistance to small business customers who meet our Broadband Minimum System requirements including Windows XP or Vista, Intel Pentium Processor or Pentium II with 500 MHz or faster for Windows XP, 256 MB or higher or Windows XP. Macintosh, UNIX, LINUX or older Windows operating systems are not supported. It includes: a) PC Security and Protection (viruses, spyware, etc.); 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. Does NOT include the following, among other items that cannot be solved remotely: u) site visits, if needed; v) failed/broken hard drives; w) adding more RAM; x) cracked motherboards; y) bad USB ports or connectors; or z) replacing broken hardware.
Travel Safety Plus is provided by a third party vendor contracted to offer emergency roadside assistance to you. We assume no responsibility for loss or damage resulting from services provided by the vendor or its subcontractors. Our residential home phone services, long distance or Internet is required in order to subscribe to Travel Safety Plus.
Voice Over Internet Protocol (VoIP)-Based Services. In order 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.
Wireless Data Backup is for backup purposes only. Maximum bandwidth is 2MG regardless of the amount of bandwidth a customer has; Customer may not remove the wireless card from the service address. Real time quality of service is not available. Availability and speeds are not guaranteed and are affected by wireless strength.
Windstream's Service Agent is a free service we offer our high-speed Internet customers. Once this desktop client is downloaded on your computer, you'll get 24/7 real-time access to manage your account and the ability to purchase Windstream services right from your computer.
Below are some of the services you can purchase:
-- Online Data Backup
-- Tech Help
-- McAfee Security Suite
-- Windstream's Internet Explorer Toolbar
-- Kidzui Browser
-- Credit Guard ID Protection
-- PC Protection Plan
When you purchase Windstream static IP addresses, we are unsure what you will be using them for -- mail server, web server, internal server, etc.
By default, all Windstream IP addresses have a PTR record setup on them showing
If a correct PTR record is not setup for your Windstream static IP, this could cause you problems with blacklisting or spam filters in the future. To get this type of DNS record updated, it is imperative that you let your Windstream sales person know which static IP will be used and the server name you want it to point to. The Reverse DNS (PTR) record needs to match the name of your server.
Another way for updating your static IP is to e-mail us at email@example.com with the following information:
First and Last Name
Contact Phone Number
Windstream Static IP Address
Fully Qualified Domain Name (this will usually be something like mail.domain or smtp.domain)
You will be contacted by a Windstream technician for assistance in getting your Reverse DNS (PTR) record setup.
How do I update my existing installation of Thunderbird for my Windstream e-mail?
These instructions are for users who have an existing installation of Thunderbird. For instructions on setup after a fresh install, click here.
Click on the Tools menu and select Account Settings.
On the lower-left of this window, click on Add Account...
Select Email account and click Next.
On this step, fill in your first and last name and also your e-mail address. This picture shows a Windstream.net e-mail address. If you are a former Valor/CTC customer and have a legacy e-mail address, put it in here. Click Next.
Ensure POP is selected and type in pop.windstream.net for the Incoming mail server. The bottom text (inside RED box on screenshot) may contain something different than smtp.windstream.net. If it does, it will be corrected towards the end of this setup. Click Next.
For the Incoming User Name, type in your full e-mail address (same as step #4). Click Next.
On this step, click Next.
This screen verifies your settings. Click Finish.
Back on this screen, select Outgoing Server (SMTP) and click on the Edit... button.
For the Server Name type in smtp.windstream.net. Place a checkmark on Use name and password and type in your email address for the User Name. Click OK.
Click OK on the Account Settings window. Your setup is finished.
For the first time with this setup, Thunderbird may ask for the password for your e-mail account when you check your e-mail. This should be a one-time step as Thunderbird stores your password into its default profile.
Thunderbird should be set up and ready for use.
How do I set up a new install of Thunderbird for my Windstream e-mail?
These instructions apply after either a fresh new install of Thunderbird, or after clearing the default Thunderbird profile. For instructions on how to clear the default Thunderbird profile, click here.
Open Thunderbird. The new account wizard will start. Select Email account and click Next.
On this step, fill in your first and last name and also your e-mail address. This picture shows a Windstream.net e-mail address. If you are a former Valor/CTC customer and have a legacy e-mail address, put it in here. Click Next.
Ensure POP is selected and type in pop.windstream.net for the Incoming mail server. For the Outgoing mail server type in smtp.windstream.net. Click Next.
For both the Incoming and Outgoing user names, type in your full e-mail address (same as step #2). Click Next.
On this step, click Next.
This screen verifies your settings. Click Finish to complete the setup.
Thunderbird should be set up and ready for use.
I recently downloaded and installed Windows XP Service Pack 2. Now when I log into some Web sites the "Login Pop-up" does not appear. How can I fix this?
Windows XP Service Pack 2 enables an automatic pop-up blocker in Internet Explorer. The instructions below will get you to the screen to adjust the settings, turn it off, or allow pop-ups from certain web sites:
Open up Internet Explorer.
Click Tools at the top and select Internet Options.
Click on the Privacy Tab.
At the bottom of this window are the settings for the Pop-up Blocker.