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“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.
This Agreement incorporates by reference, and you agree to be bound by the following, in this order of priority AND INCLUDING ANY CHANGES (SEE SECTION 23 BELOW): 1) any applicable tariffs filed with the Federal Communications Commission (“FCC”) or the relevant state public service commission; 2) The FCC or state web-posted price lists or terms and conditions (either, “price lists”) posted at http://www.tariffs.net/windstream/; 3) the product- or bundle-specific Terms and Conditions, including any Promotional Terms (see Section 27 herein and Your Bill Messages) and any additional agreements associated with such products; 4) the Service Order, if any; 5) any relevant click-through agreement for the Services you received; 6) these Terms and Conditions (“Terms”); 7) the Acceptable Use Policy posted at https://www.windstream.com/about/legal/Acceptable-Use-Policy; and 8) the Privacy Policy posted at https://www.windstream.com/about/legal/Privacy-Policy . If you purchase Windstream Kinetic TV service, your terms of service include these Terms and Conditions and the attached Schedule 1. If you purchase Windstream Cable TV service, your terms of service include these Terms and Conditions and the attached Schedule 2.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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:
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.
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).
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.
YOU ACKNOWLEDGE THAT THE INTERNET IS A VOLATILE ENVIRONMENT AND WE ARE NOT LIABLE FOR CONFIDENTIAL INFORMATION STORED ON OR TRAVERSING OUR NETWORK. YOU MUST TAKE ALL APPROPRIATE PRECAUTIONS TO SECURE CONFIDENTIAL INFORMATION, INCLUDING ENCRYPTING, IF YOU DEEM NECESSARY.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF TITLE OR NON-INFRINGEMENT; IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE; ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS; OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY, OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON, PASSING THROUGH, OR OVER THE NETWORK. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, NETWORK SECURITY OR RELIABILITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY COMPANY’S EMPLOYEES, AGENTS, OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION. WINDSTREAM DOES NOT GUARANTEE YOUR SERVICE CAN OR WILL BE INSTALLED BY A PARTICULAR DATE. ANY INSTALLATION DATE PROVIDED IS ONLY AN ESTIMATE.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
| State | Contact |
|---|---|
|
Georgia |
Office of Secretary of State, |
|
Iowa |
Iowa Utilities Board |
|
Minnesota |
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 |
Missouri Public Service Commission |
|
North Carolina |
Consumer Protection Division of the Attorney General’s Office of the State of North Carolina at www.ncdoj.gov/cable |
|
Pennsylvania |
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. |
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.
In compliance with Section 631 of the Cable Communications Policy Act of 1984 ("Cable Act") policies on how customer information is handled can be found in the “Privacy and Customer Proprietary Network Information” section above, and at the Privacy Policy posted at https://www.windstream.com/about/legal/Privacy-Policy
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.
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:
Picture, but no sound:
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.