TERMS AND CONDITIONS FOR SERVICES AND/OR EQUIPMENT PROVIDED BY WINDSTREAM
Please note If you have a written contract with Windstream, then those contract terms and conditions will control.
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” or “Customer” means the person or entity that subscribes to Services or purchases or leases Equipment and anyone who accesses the Services and Equipment provided to you, except as specifically provided in Section 10 (Dispute Resolution) herein.
“We,” “us,” “our,” “Company,” and “Windstream” refer to the Windstream legal entities providing Services to you and as identified on 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 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 when you do any of the following: (a) give us your written or electronic signature; (b) tell us orally or electronically that you accept (i.e., by clicking the “I Accept” button for online purchases or account changes); or (c) use any Services. If you have never used the Services before, and do not wish to be bound by this Agreement, then do not begin using them, and notify us immediately. By accepting this Agreement, you acknowledge that you are 18 years of age or older, are competent to enter into a contract with us, and are authorized to obtain Services or make changes to an existing account. You may obtain a copy of these Terms and any product-specific Terms and Conditions by visiting https://www.windstream.com, or calling a service representative at 877-807-9463. This Agreement supersedes any and all statements or promises made to you by any of our employees or agents. If you have a written contract with Windstream, then those contract terms and conditions will control.
3. Charges for Services and Taxes, Fees, and Surcharges.
You are responsible for paying all charges applicable to Services provided to you including, but not limited to, monthly recurring charges (“MRCs”), access charges, features, changes and moves to Services, Service repair visits and no-show charges, installation charges, IP-address charges, billing charges, credit-card surcharges, toll, long distance, and directory assistance, equipment fees, and any other usage-based charges at our current rates when used. In addition to the monthly recurring and usage-based charges, other charges (such as taxes, fees, surcharges, and assessments) apply to all Services and Equipment, including how those may change in the future. In certain service areas, paper bills are available for a monthly charge.
To determine whether certain taxes, fees, and surcharges are applicable to Services provided to you, we are required by federal law to obtain your street address, which must be within our service area. You represent and warrant that the address you provide us to obtain Service is correct, and you acknowledge that we are relying on this information to determine which taxes, fees, or surcharges are applicable to your Service. You agree to notify us if your address changes. In the event you do not provide us with a valid address or address change, you may be responsible for additional taxes, fees, surcharges, and penalties associated with failure to pay taxes based on the proper address, and we may terminate your Services.
As a convenience to you, Company may include charges for third-party services on your monthly bill. You should always review your bill carefully, and contact the Company if you are unsure about a charge on your bill. Company also offers the ability to block third-party charges from your monthly bill. This Service is optional and free of charge. If you are interested in adding a third-party block to your account, then call a Company representative at the number found at the top-right-hand corner of your statement to determine if your account is eligible. The block does not apply to Services provided by Windstream or its affiliates to which you subscribe.
4. Billing and Payment; Rate Increases.
We will bill you the recurring and installation rates you were quoted for Services or those associated with the Services you currently use or previously ordered, with increases on notice. All recurring charges are billed one month in advance. Billing at a location will begin upon the earlier of either (i) the Installation Date (which may be the date administrative access to certain software-based Services are granted to Customer), or (ii) 30 days after delivery of the applicable facility and/or equipment to Customer’s premises (if the delay in connection of the facility and/or equipment is due to Customer or its agent). Company may choose to bill in full monthly increments with no proration for partial service periods, when Service either starts or ends in the middle of a billing cycle.
We reserve the right to back-bill you for Services actually used, but not previously billed.
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. You agree to pay costs and fees, including, but not limited to, attorney fees we incur to collect an unpaid balance from you.
Company may require you to authorize payment for Services by credit card or by debiting a bank account, and no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason.
5. Credits, Deposits, and 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 as security for payment of charges. In the future, an additional deposit or advanced payment may be required if either the amount/number of Services is increased, you are late on payment or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of Service (if no balance is due). We reserve the right to apply the deposit to any amount due and unpaid, and the payment of a deposit in no way relieves you of paying your bills in a timely manner. Regarding advanced payments, any advanced payment will appear as a credit to your first-month's bill. If you cancel Services before installation, or we cannot install your Services for some reason, then we may refund the advanced payment. We will not refund any advanced payment made after installation of Services.
6. Termination by You.
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.
If you cancel your Services or a portion thereof after installation, then you remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased from us prior to termination. If you terminate Services prior to the last day of your billing cycle, then you will be charged for the full last month of Service with no proration or credit.
When you purchased your Service(s), you may have been required to commit to a term or a minimum purchase. Either you or we may elect not to renew your service by providing notice to the other no later than thirty (30) days prior to expiration of the fixed term. If neither you nor we deliver a timely notice not to renew, THEN the Services will renew on a month-to-month basis. IF YOU TERMINATE SERVICES AFTER INSTALLATION OR DURING THE INITIAL OR RENEWAL TERM FOR ANY REASON OTHER THAN FOR CAUSE, OR WE TERMINATE FOR CAUSE PURSUANT TO SECTION 7 BELOW, THEN YOU WILL BE REQUIRED TO PAY TO US AS LIQUIDATED DAMAGES AN AMOUNT EQUAL TO 100% OF THE MONTHLY RECURRING CHARGES (“MRCS”) MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN CURRENT TERM. IF YOU TERMINATE OR DISCONNECT LESS THAN THE ENTIRETY OF YOUR SERVICES SUCH THAT YOUR ACTUAL USAGE AT A LOCATION FALLS BELOW ANY MINIMUM MONTHLY CHARGE (“MMC”) OR MINIMUM MONTHLY FEE (“MMF”) FOR THAT LOCATION, THEN YOU AGREE TO PAY AN AMOUNT EQUAL TO THE MMC OR MMF FOR EVERY MONTH REMAINING IN THE THEN CURRENT TERM (“LIQUIDATED DAMAGES”).
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.
If no length of time is identified on the Service Order or you were not otherwise required to commit to a term, then the term is month-to-month, and you or we may terminate at any time by providing notice at least thirty (30) days prior to the effective date of termination. You remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased from us prior to termination. If you terminate Service prior to the last day of your billing cycle, then you will be charged for the full last month of Service with no proration or credit.
Some plans may offer a discount, if you sign up for bundled Services, and may require a term commitment. If you sign up for bundled Services, then you agree to maintain the bundled Services for the applicable term. If you receive bundled Services, and you subsequently unbundle, terminate, or disconnect any of these Services, or we disconnect any of the Services, then we may adjust the rates for the remaining Service(s) to the then current price.
Change in Location.
A change in your service address or location to which any Service is provided to you may constitute, at our sole discretion, termination of the Services or result in an increase in the prices you must pay for the Services.
Change to Another Carrier.
We may deem a request by you to port your numbers as a request by you to terminate your Agreement. If you choose to port less than all of your numbers, or you leave any Services connected, then we will continue to bill you for the numbers and/or Services still connected.
7. Termination by Us.
Provisioning of the Service is subject to the availability of the requisite equipment and facilities. We may limit, interrupt, suspend, terminate, or refuse to provide a Service if: (a) you do not honor any provision of this Agreement; (b) you use a Service in an adverse manner that affects Windstream’s network or other customers, you have used a Service fraudulently or unlawfully or are suspected of doing so, or there occurs an event for which Windstream reasonably believes that the suspension or termination of Services is necessary to protect Windstream or Windstream’s other customers from an imminent and significant operational, financial or security risk, in which case Windstream will provide advance notice if practicable; (c) you modify your phone, or any software residing thereon, from the original manufacturer specifications, including for the purpose of accessing non-Windstream services; (d) you use a Service in a manner that is excessive or unreasonable when compared to the predominant usage patterns of other customers, on a similar service plan, in your geographic area (and we may, also, implement charges or change you to the appropriate rate plan consistent with such use); (d) resell any Service; (f) for any other reason set forth in the relevant tariffs and price lists or terms and conditions; (g) you do not pay any amount due to us or billed by us on behalf of others, including disputed amounts that Windstream determines are valid charges on your bills and any deposits or advanced payments that Windstream may require; (h) facilities or property associated with providing the Services have been condemned, or use has been prohibited by the government in any manner; (i) you fail to acquire and maintain the right-of-way or property access necessary for installation or maintenance of Services; (j) you are insolvent, have made an assignment for the benefit of credits, or you have filed or had filed against you a petition for bankruptcy; or (k) we determine in our sole discretion that facilities are not technically or economically feasible, including if copper or fiber facilities are no longer available to Windstream at reasonable rates or are not available for any reason, including, but not limited to, regulatory changes or retirement of copper plant pursuant to FCC rules; or (l) you make nuisance calls, impersonate another person, use obscene or profane language or are abusive or harassing when communicating with Windstream representatives, and fail to stop the behavior after receiving a written or verbal warning from Windstream; or (m) you fail to comply with any law, or regulation, including but not limited to any applicable regulations and do not cure such failure of compliance within ten (10) days of receiving notice from Windstream. We may restore such interrupted or terminated Service, in our sole discretion, following your correction of the violation and payment of any amounts due (including any restoration charge we assess for restoring 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.
8. Personal Identifiers.
We assign telephone numbers, e-mail addresses, IP addresses, and other personal identifiers in connection with the Services. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. In the event that we allow you to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer, and to collect any money owed for the Services.
9. Disputed Bills.
You must review bills in a timely manner. To dispute a bill, you must comply with the dispute resolution provisions in Section 10, and submit your dispute, in writing, within 60 days after the date on the bill. You must pay any undisputed portion while your dispute is investigated. You accept all charges on your bill not disputed within 60 days and must pay those charges.
10. Dispute Resolution.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
By utilizing Windstream’s Services and agreeing to these Terms, you agree to the following dispute resolution procedures. You and Windstream agree to waive any right to a trial by jury in a court of general jurisdiction and any right to participate in a class action or consolidated action regarding a dispute as 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 Windstream’s Customer Care department at the number listed on your invoice. If the Customer Care department is unable to resolve your dispute, you must submit your dispute to us in writing at the following address: Windstream Communications, LLC, 1720 Galleria Boulevard, Charlotte, NC 28270, Attn: Executive Customer Relations. You must describe your dispute and provide enough detail to allow us to understand it and provide any supporting documentation with your written dispute.
Visit https://www.windstream.com/about/legal/Legal-Notices for a form that you may, but are not required to, use to submit your written dispute to us. If we have a dispute with you, we will send you a written notice to your billing address to attempt to resolve the dispute. You and Windstream agree that a dispute is any claim or controversy related in any way to Windstream’s Services, including charges for Services, Equipment, Service Order(s), or our agreements pursuant to these Terms or any other agreements, whether the dispute: arises in tort, contract, by statute, or any other legal theory; arises under this or any prior agreement with us; or arises after your Services with Windstream are terminated.
For purposes of this Dispute Resolution section, references to "Windstream", "we", and "us" include our subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
If you and Windstream are unable to resolve the dispute after 60 days from the date of receipt of the written dispute, you agree that either you or Windstream shall resolve the dispute in only one of two possible ways: (1) by seeking relief in a small claims or equivalent court, if appropriate under the applicable court’s rules, in the city or county of the billing address reflected on your bill; if the small claims or equivalent court does not allow for declaratory relief then the action could be brought in a court which does have such relief or (2) by arbitration. Further, should the amount in controversy exceed the limits of small claims in the jurisdiction in which the dispute arises, Windstream may seek relief in a court of proper jurisdiction for collection purposes. 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 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.
You and Windstream specifically agree to finally resolve all disputes not filed in small claims court by arbitration that will be final and binding on both you and Windstream, subject to any exceptions required by applicable law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
The following provisions apply to arbitration:
- If you intend to seek arbitration after expiration of the 60-day dispute period noted above, you must first file a claim with JAMS. Visit https://www.windstream.com/about/legal/Legal-Notices 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 Rd., Little Rock, AR 72212, Mailstop B1F03-53A, Attn: Legal Department. Unless the customer specifically requests otherwise, the Executive Customer Relations group may still contact customer even if represented by counsel.
- 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.
- After Windstream receives Notice that you have commenced arbitration, it will reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. The arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules"), as modified by this Agreement, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.org, by calling JAMS at 1-800-352-5267(JAMS). The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Windstream and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that 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.
- For any non-frivolous claim that does not exceed $75,000, Windstream will pay all JAMS filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand 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. In such case, you agree to reimburse Windstream for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the JAMS rules. You will be entitled to attorneys’ fees from Windstream to at least the extent as you would be in court. If Windstream initiates the arbitration, it will pay those costs regardless of the amount of its claim.
- If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award 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"), whichever is greater. If Windstream did not make a written offer to settle the dispute, you will be entitled to receive this alternative payment if the arbitrator awards you any relief on the merits. If you are still a current customer of Windstream 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.
- 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.
- The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and 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.
- If the arbitrator not only rules against you but also rules that either the substance of your claim or the relief you requested in your Demand was either frivolous or brought for an improper purpose (as measured by the standards of the Federal Rules of Civil Procedure 11(b)), then responsibility for the costs of arbitration will be set by the JAMS rules. For frivolous cases in which your demand is $10,000 or less, your share of the costs is currently limited to $200, though JAMS may change that amount. If the arbitrator makes this determination, you may be required to reimburse Windstream for paying your share of the arbitration costs.
- 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 OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Windstream agree 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. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- 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.
- 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 10 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 issuing notices, including: takedown notices for alleged trademark or copyright infringement pursuant to the Digital Millennium Copyright Act; or termination of Service pursuant to Windstream’s Acceptable Use Policy for your abuse of your Internet access Services. Nothing in this Section 10 shall prohibit Windstream from filing a lawsuit 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. This Section 10 is intended to resolve outstanding disputes between us, and not to collect a debt owed by you to Windstream.
- Limitation of Liability: This Section 10 is subject to the Limitation of Liability Section in these Terms and Conditions.
- Limitations Period: 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.
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 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 purchases online. We reserve the right to cancel or reject online orders at any time for security or privacy reasons.
To provide Services to you, we maintain certain customer proprietary network information (“CPNI”). CPNI includes information that relates to the quantity, technical configuration, type, destination, location, and amount of use of any telecommunications Service we provide to you, and which we obtain because of the carrier-customer relationship between us. CPNI also includes information contained in your bill. We may use and share your CPNI without your permission for the following 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 866-347-1991 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.
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.
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 (including, without limitation, the Acceptable Use Policy and Privacy Policies, as amended from time to time) applies to any and all usage of your account. You agree to abide by these terms, and you agree to defend, hold harmless, and indemnify Windstream from and against any and all claims stemming from usage of this account and any subaccounts, whether or not such usage is expressly authorized 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 30-days’ notice, in which case you will not be subject to an early cancellation fee. You will, however, still be responsible for all charges for Services provided before you terminated your Agreement. A material change is ONLY a change that (a) terminates or substantially reduces the availability of a Service for you or (b) results in the increase of any charge by more than 10% of the monthly access charge for that Service. Material changes in your Service DO NOT include the increase in or imposition of (1) any charge required to be collected by any governmental authority (such as taxes or surcharges) or (2) any charge not prohibited by any governmental authority to recoup our expense incurred to comply with a governmental requirement.
23. Applicable Law.
Your Agreement and our provision of Services to you are subject to (a) the laws of the state identified in the billing address that you have provided us and (b) any applicable federal laws, including, but not limited to, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In the event of an inconsistency between any governmental requirement and these Terms regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.
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: 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.
- Cable TV. Channels available to customer as part of any select packages of programming through Windstream Cable TV are subject to change, and customer is not guaranteed any particular channel or number of channels. All prices, packages, and programming are subject to availability based on location and Windstream's agreements with content providers and credit approval. A Cable-TV-service-activation fee may apply. Taxes and fees, including applicable franchise and FCC regulatory fees may apply. Some promotions may require minimum programming. Certain promotions have an optional or mandatory term-commitment period, and if the customer cancels Services prior to the optional or mandatory term-commitment period, certain termination or cancellation fees may apply. In some packages, hardware and programming are sold separately. Other restrictions may apply. Additional Cable TV terms and conditions are attached on Schedule 2.
- Centrex. Within 30 days of subscribing, you and Windstream will agree on the specific features, 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.
- 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.
- 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. Customers that subscribe to speeds over 25 Mbps, 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.
- Enhanced, Premium and Ultra Premium Internet. Enhanced, Premium and Ultra Premium Internet Services are available in speed tiers, with the high-end range of a tier representing the anticipated maximum speed capabilities. Customers receiving these Services should experience speeds within the speed tier selected.
- 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 and Security on-the-go :
- 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, 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, 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.
- 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.
- Managed Network Security CPE. This Service requires a minimum commitment and subscription to Windstream Data 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 the fair market value of the modem or 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 in order to obtain Phones at Home Protection from us.
- 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 o 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.
- 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) installation and setup of one PC if purchased through Windstream; 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 for computers not purchased through Windstream; 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.
- 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.
- Secure Broadband. This Service 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. To be eligible for this Service, a 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. Contact a Windstream representative for details. Windstream and the Windstream logo are registered service marks of Windstream Corporation. ©2018 Windstream Corporation.
- Tech Help. Windstream reserves the right to alter the Service in any way, including, but not limited to, changing the third-party 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 or small business High-Speed Internet customer. This Service requires a minimum term commitment, unless bundled with other value-added Services in a Windstream Security Package. 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.
- 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. 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.
- Web Hosting. See policy for Web Hosting at https://www.windstreambusiness.com/media/789/hosting_policy.pdf.
- Whole-Home Tech Help. Windstream reserves the right to alter the Service in any way, including, but not limited to, changing the third-party 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 or small business 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 coverage for up to 10 Internet connected devices and provides: (a) PC, Macintosh and Internet connected device 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 and Macintosh 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.
- 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.
Schedule 1 – Kinetic TV Specific Terms of Service
Kinetic TV includes digital channels (including local channels), one receiver and up to four standard direct video streams to the customer residence. Of the four standard direct video streams per residence, customer’s location will determine both high definition (“HD”) availability and the maximum number of HD video streams (between one and four) a customer can view and record in HD at any one time, regardless of the number of receivers in the residence. The remaining streams will be standard definition.
For Kinetic TV service, nonrecurring and usage-based charges that are billed following the transaction include, but are not limited to, Video on Demand and Pay For View. As long as payments are current, you will have a maximum limit of $200 per bill cycle on one-time orders billed to your account. As permitted by applicable law, in addition to other rights granted under these Terms and Conditions, in the event a payment is past due, Windstream may restrict your account, including your access to Video on Demand and Pay For View and other usage-based services and content.
Equipment for Kinetic TV service includes one Kinetic TV receiver. You may request additional receivers and a monthly fee of $7.00 per receiver will apply. Windstream may limit the number of available receivers for a household. Additional equipment fees or other fees may apply to Kinetic TV equipment, including, but not limited to, the receiver. Receivers are subject to all applicable taxes, fees, and surcharges. Kinetic TV services include a Windstream gateway, which will be assessed a separate monthly charge. Equipment may be new or fully inspected and tested. If receiver(s) and gateway are not returned to Windstream within thirty (30) days of termination of services, a fee will be assessed for each receiver and gateway not returned.
Some programming may not be available in certain areas because of legal, regulatory, or contractual prohibitions, including restrictions of the Federal Communications Commission and sports blackouts. If you also purchase Windstream voice service, Caller ID information for Windstream voice calls can be displayed on your TV screen.
Windstream’s Kinetic TV is provided for your non-commercial, personal viewing, use and enjoyment in a private residential dwelling. You agree that the Windstream Kinetic TV service will not be viewed in areas open to the public or in commercial establishments, and that admission will not be charged for listening to or viewing the Service. Your Windstream Kinetic TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the “fair use” provisions of the U.S. copyright laws. You agree that you will not try to tamper, modify, reverse-engineer, decompile or disassemble any software or hardware contained within your Windstream receiver or gateway.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WINDSTREAM MAKES NO WARRANTY THAT THE SERVICE WILL ALLOW YOU TO RECORD, VIEW, OR TRANSFER ANY PARTICULAR PROGRAM OR CONTENT.
When Windstream provides you with service, we may obtain and use information about programming watched, recorded, or accessed through your account. We may use this data to (1) make general recommendations to all customers, and (2) make specific recommendations to customers based upon their individual viewing habits. Pricing, programming, and features are subject to change.
Kinetic may be purchased along with High-Speed Internet. When the two services are purchased together, this product description applies instead of the High-Speed Internet Description at Product Bundles – Specific Terms and Conditions. Windstream cannot guarantee speeds or uninterrupted, error-free service. Internet speed claims represent maximum network service capability speeds. Actual customer speeds may vary based on factors including simultaneous use of multiple devices, use of other Windstream services, customer device capabilities, Internet and Network congestion, website traffic, content provider service capacity, customer location, network conditions, and bandwidth devoted to carriage or protocol and network information.
Schedule 2 – Windstream Cable TV Specific Terms of Service
Windstream offers a Basic level of service that includes local off-air broadcast stations and may also include other programming such as public, educational, governmental and leased access programming. Basic is the lowest level of video service available and, pursuant to federal law, cable customers must subscribe to Basic either as an independent tier or as part of a package in order to receive any additional cable video services. Programming contained in the Basic tier varies by area, and is subject to change in accordance to applicable laws. For details about Basic channel lineups and pricing available in a specific area, please visit https://www.windstream.com (please ensure your location information is displayed correctly).
Windstream offers packages of additional video content beyond Basic as an option for customers in some markets. These options may include an Expanded Basic/Select package, a Preferred package, an Xtra package, digital Sports, and a Premier package. Also available as an option for customers in some markets are premium movie channels. For details about package options, channel lineups and pricing available in a specific area, please visit https://www.windstream.com.
Windstream Cable TV channel line-ups and additional services available in your area may be viewed at https://www.windstream.com. Some of the optional network packages and subscription-based programming channels are encrypted with security features. In order to receive any of these encrypted digital services, the lease of a digital receiver or cable card from Windstream may be required.
High Definition (HD) cable channels may also be available in select markets, and the HD programming may require an HD receiver, or an HD cable card that can be leased from Windstream.
In certain areas HD digital video recorders (HD DVR) are also available for lease. These provide easy Recording and playback of cable programming. The DVR also allows simultaneous recording of two channels, and allows a customer to pause and rewind the cable channel being viewed.
A digital receiver is also required to access the interactive guide service available in some areas.
In some areas, non-digital cable customers may receive analog and unencrypted signals that are carried on the system without the use of a leased digital receiver. In areas where the service is available, unencrypted reception channels can be picked up by a commercial QAM receiver.
In some areas additional services may also be available. These include Pay-Per-View, VOD, WatchTVEverywhere authentication for online viewing of available channels, cable TV Protection Plus inside wiring coverage, and the lease of digital receivers and cable cards. Leased digital receivers or cable cards may be required for certain channel packages and options. In limited areas Internet and phone options are also available through cable TV. Some programming may not be available in certain areas because of legal, regulatory, or contractual prohibitions, including restrictions of the Federal Communications Commission and sports blackouts. Additional information about services and company-provided equipment can be found at the cable TV website https://www.windstream.com.
Cable TV Protection Plus Coverage:
Windstream Cable Television is responsible for all cable wiring up to 12 inches beyond the grounding point normally located or installed on the outside of the customer's residence. The customer is responsible for cable wiring from that point. A large percentage of trouble reports are caused by inside wiring, cable outlets or jacks and customer-owned equipment.
A service call charge may be applied if a problem is found in the customer's wiring. In some areas Windstream offers the option of subscribing to Cable TV Protection Plus, a service that provides protection from repair costs when a problem is found with the customer's inside cable wiring or existing cable outlets. Cable TV Protection Plus includes the repair or replacement of up to four existing approved cable outlets and inside cable wiring. All inside cable wiring repairs are subject to Windstream's discretion for post-wiring standards and do not include cable wiring that runs through inside walls. The addition or moving of existing cable outlets or jacks is not included. Cable TV Protection Plus does not cover customer-owned equipment connected to the wiring or intentional damage to inside wiring. Cable TV Protection Plus added on a repair call/visit will be billed at a standard monthly rate.
If a customer chooses not to take the Cable Protection Plus plan, inside wire repairs can be made on a time/material basis. If a customer chooses not to take the Cable TV Protection Plus plan, or doesn't want Windstream to repair the inside wiring problem, then a service call fee will be applied.
Compatible Remote Controls:
If the customer prefers, they can obtain other models of universal remotes from various retail stores or manufacturers. Some examples of universal remotes are: Sony Rm-vz220, GE JAS24993, and Logitech Harmony 650.
Special Equipment: A/B Switches:
Cable customers have the option of adding an A/B switch to Their television and cable equipment. A/B switch allows you to receive off-the-air local broadcast television stations or signals not carried on cable via your antenna. A/B switch kits are available from various independent retail vendors.
Customers who desire parental control or channel blocking to prevent children in the household from Viewing some channels or programs, may be able to access these controls through their TV set. If their TV set does not accommodate parental control, in most locations additional options are available from Windstream to block channels. Digital customers may set parental controls themselves via the on-screen menu. For example, on many Motorola receivers, from the Main Menu, highlight the "Parents" icon and press "OK." Follow on-screen instructions to enter a four-digit PIN. A rating level or channel can be locked by highlighting it and then pressing "Lock." On Scientific Atlanta / Cisco equipment, press "Menu" on the remote control, and press the "Up/Down" setting to activate Parental Control. Press "Select" to enter a four-digit PIN. Non-digital customers may contact Windstream to request a special filter or device to prevent reception of certain channels. The filter can be purchased by special order and may require a prepayment.
Installation & Service Maintenance Policies:
Installation work will be performed on an appointment basis. Appointments are usually scheduled in four-hour blocks during normal business hours.
If our installer or technician is running late, we will attempt to contact the customer and reschedule the appointment at a time convenient for them.
Standard installations (those that are located up to 125 feet from our existing distribution system) will normally be performed within seven business days after an order has been placed. If it is determined that a non-standard installation is needed, the estimated cost and completion date will be provided to the customer in advance. Our technical staff will not enter a customer’s home to perform work unless a responsible adult over 18 years of age is present. We have established this policy to protect our customers and our employees.
We will normally respond to service interruptions and other service problems as soon as possible, and normally within 24 hours from the time we are notified of an interruption. We will normally respond to other non-outage service problems by the next business day. For outages beyond our control (such as natural disasters or severe weather-related problems), we will respond as promptly as possible. Generally, it is our policy to issue a credit, upon request, for service interruptions greater than 24 hours.
Windstream Cable Television customer service representatives are available during normal business hours, and after-hours emergency reporting service is available 24 hours a day. Customers are asked to please call us in a timely manner if a problem with their cable TV arises. We will not issue credit for service interruptions if we are not notified promptly or for situations beyond our control.
Service Call Policy:
Windstream Cable Television will maintain all the outside wiring that it has installed, and there will not be a charge for normal service calls to correct technical problems with the outside cable TV lines and equipment. A service charge will apply for repairs to inside wiring or customer modifications to our wiring. A charge may also apply for repairing wire/cable damaged by the customer or by others working on the customer's property. A service charge may apply for a service call to help connect a digital video or audio device or to reprogram a TV, a digital video device or other non-cable company equipment.
Signal Complaint Procedures:
Please be assured that we will work to resolve all service problems as soon as possible. Customers are advised to contact our customer service center or retail store and explain their problem. All reasonable efforts will be made by our service technicians and other employees to resolve any complaints concerning the technical quality of service promptly and efficiently. If our service technician fails to correct the problem, customers may contact our office and we will review the complaint and the corrective action to be taken. Please see “Dispute Resolution” section for additional details. If customers believe our investigation and handling of a complaint is deficient in some manner, they may contact the local franchising authority. Your local contacts are listed below.
Office of Secretary of State,
Iowa Utilities Board
Annandale, City of, P. O. Box K, 30 Cedar Street, E., Annandale, MN 55302
Baldwin Township, P. O. Box 25, Princeton, MN 55371
Becker, City of, 12050 Sherburne Avenue, P. O. Box 250, Becker, MN 55308
Becker Township, 12165 Hancock Street, Becker, MN 55308
Big Lake, City of, 160 Lake Street, N., Big Lake, MN 55309
Big Lake Township, 21960 County Road 5, P. O. Box 75, Big Lake, MN 55309
Livonia Township, 11162 265th Avenue, P. O. Box 388, Zimmerman, MN 55398
Maple Lake, City of, 10 Maple Avenue, S., Maple Lake, MN 55358
Montrose, City of, 200 Center Avenue, S., Montrose, MN 55363
Orrock Township, 26401 180th Street, NW, Big Lake, MN 55309
Waverly, City of, 502 Atlantic Avenue, P. O. Box 189, Waverly, MN 55390
Zimmerman, City of, 12980 Fremont Avenue, Zimmerman, MN 55398
Missouri Public Service Commission
Consumer Protection Division of the Attorney General’s Office of the State of North Carolina at www.ncdoj.gov/cable
Borough of State College, 243 South Allen Street, State College, PA 16801;
Ferguson Township, 3147 Research Drive, State College, PA 16801;
College Township, 1481 East College Avenue, State College, PA 16801.
Billing and Payments:
Non-pay Reconnect Policy:
Once an account has been disconnected for non-payment, the total amount due on the account must be paid in order to reconnect service. In addition, payment of a reconnect fee is required. The amount due and the reconnect fee must be paid in full before service is reconnected. In some cases, reconnection is done within three to five working days.
Subscriber Privacy Notice:
As required by the Cable Act, we destroy subscriber information that is no longer necessary for business purposes unless there is a legitimate request or order to inspect the information still outstanding. Accounting and billing records are retained for historical tax and accounting purposes.
Customers have the right to inspect our records that contains information about them and to correct any errors in our information. Customers may contact us at the system business office during business hours to set up an appointment for record inspection. Customers are entitled to seek private civil action in U.S. District Court, and they may seek to recover damages, costs and attorney fees if the limits under the Cable Act have been violated.
How to Use the Cable TV Service:
Windstream’s cable TV is provided for non-commercial personal viewing, use and enjoyment. Customers are prohibited from charging a fee for listening to or viewing the service. Windstream cable TV service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the “fair use” provisions of the U.S. copyright laws.
Procedures for customers to follow to get the most from their cable service will depend in part on the features built into their television sets and other video equipment. The viewing capabilities or settings selected on equipment can also determine the quality of video and audio the customer experiences.
Additional information about how to use the cable TV service and company-provided equipment can be found at the cable TV web site https://www.windstream.com.
Customers may need to lease a receiver from the cable company for reception of some digital channels.
Digital receivers typically provide both audio and video outputs to facilitate connection to the consumer’s TV set, external devices such as DVD players, audio systems and gaming devices. The use of certain types of receivers may deactivate the use of some television features such as picture in picture.
Windstream provides digital customers a universal remote control with the lease of a digital receiver. The universal remote control can be programmed to control not only the receiver, but also many brands of TVs, DVD players and other video devices. Instructions for programming the remote and various device codes can be found online at https://www.windstream.com.
Equipment installed by Windstream cable TV, placed under, over, on or about the consumer’s home or Property in connection with the delivery of service, is the property of Windstream. Rented digital receivers that are provided to customers, if necessary or requested, are the property of the Windstream. Rented equipment must be returned to us when service is discontinued for any reason, or at any reasonable time we need to issue other equipment. Failure to return rented equipment at the appropriate time will result in a charge to the customer's account and may lead to legal action to recover the equipment. You are responsible for damage to rented equipment, other than normal wear and tear, and may be assessed a charge for repair or replacement. Equipment purchased from Windstream or an outside vendor is the property of the customer and is not covered by the above equipment policy. Customers may not try to tamper, modify, reverse-engineer, decompile or disassemble any software or hardware contained within any Windstream receiver or equipment.
Customers who experience problems with their television reception should please keep in mind that it may or may not be related to their cable TV service.
Poor or no video:
- First check to see if all TVs in the home are experiencing the same problem. If the problem is only on one set, it is likely that the issue is related to the connection inside the home.
- For customers who have recently installed or moved equipment, the connections may need to be checked.
- Please check to ensure that the correct TV “input" or "source" is selected by using the TV remote to slowly toggle through available settings. Some digital TVs require a moment for each setting to be read.
- For televisions connected via a coaxial cable to a digital device such as a cable receiver, DVR, or DVD player, please ensure the TV is set to the designated input channel (normally channel 03 or 04).
- To ensure reliable operation, all connections to television sets, wall jacks and any connected video devices should be securely attached to the appropriate inputs.
- The cables used to attach devices can affect video and audio quality. The ends of coax cables should be undamaged and the connector center pin should be straight. Damaged cables or connections should be replaced.
- Moving coaxial cables away from other cables can sometimes prevent signal problems. TV cables may be receiving electromagnetic interference from nearby power cables or other electronic devices. If separating the cables improves the picture, cable ties or tape can be used to hold them in place.
Picture, but no sound:
- Check to ensure that the MUTE setting is not activated on the TV or on any digital video devices.
- Please check to ensure that the correct TV 'input" or "source" is selected by using your TV remote to slowly toggle through available settings. Some digital TVs require a moment for each setting to be read.
- For help in troubleshooting a problem, please call Windstream. We will be glad to assist and schedule a home appointment if needed. Our goal is to provide the best quality service to our customers.
Interference From Nature
- Lightning: During electrical storms, we advise that customers unplug their television set(s) and disconnect their incoming cable line(s). Windstream is not responsible for any damage to customer-owned equipment caused by lightning or any other Act of God beyond our control.
- Picture Distortion: Heavy rain or other atmospheric conditions can occasionally interfere with satellite signals and cause temporary reception difficulties.
- Sun Outages: For a few days in the spring and fall, brief interruptions (5 -10 minutes) in satellite-delivered programming may occur due to an alignment between the sun, the orbiting communications satellite and our receiving antenna. We appreciate our customers’ understanding during these brief "sun outages."
Theft of Cable TV Service
The 1984 Cable Act, as amended by the 1992 Cable Act, was enacted by the U.S. Congress and created both civil and criminal penalties against manufacturers, suppliers and users of unauthorized cable devices.
This federal theft-of-service law supplements any existing state or local laws. The federal law prohibits the interception or receipt of any communication service over a cable system, unless authorized by the operator. This includes the theft of audio, video, textual, data or other service, including data transmitted to or from a subscriber over a system that has interactive capability. Further, the law pertains to both the manufacturers and distributors of equipment, as well as individuals. The Cable Act provides a cable operator the right to seek substantial monetary damages with regard to theft of its cable services. In addition, violators may face substantial fines or imprisonment if found guilty of criminal charges. Congress has taken the foregoing actions because it believes that theft of cable service poses a major threat to the economic viability of cable operators and cable program suppliers, and it creates unfair burdens on cable subscribers who are forced to subsidize the benefits that other individuals are getting by receiving cable service without paying for it. Also, tampering with cable lines often causes reception problems for paying customers. Therefore, if a customer is aware of persons receiving unauthorized cable service, please call us confidentially. We will follow up to ensure that their cable TV service reception is not affected by someone else's tampering.