TERMS OF SERVICE APPLICABLE TO SERVICE(S):
You ("You" or "Customer") understand and agree that Sections 1 through 26 of this Residential Service Agreement ("Agreement") apply to Suddenlink Communications' ("Suddenlink") provision of each and every service ("Service(s)") ordered by Customer or provided by Suddenlink as part of a Service, which may include cable television service ("Video Service"), high speed data service ("High Speed Internet Service"), voice service ("Phone Service") and any equipment rented from or otherwise supplied by or on behalf of Suddenlink to you ("Equipment"). For purposes of clarity, "Services" as defined herein excludes any services or equipment provided by Suddenlink Security, which are covered by separate agreement.
Agreement. Customer agrees to be bound to this Agreement by: (i) executing a copy of the service order presented to Customer at the time of installation ("Service Order"), (ii) ordering a Service, or (iii) using one or more Services at Customer's location. Suddenlink may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time by posting the amended Agreement on the Company website at www.suddenlink.com, or by giving Customer notice in accordance with Section 22 of this Agreement. Customer's continued use of the Services following such notice shall be deemed as Customer's acceptance to any revision in this Agreement. If Customer does not agree to the revised Agreement, Customer must immediately notify Suddenlink of Customer's intent to terminate Service and, unless Suddenlink specifies otherwise in writing, return all Equipment.
Residential Use. The Services provided are solely for Customer's personal, residential use and Customer shall not use Services for any commercial purpose. Suddenlink shall have the right to determine, in its sole discretion, what constitutes a "commercial" purpose.
Access to Customer Premises. Customer grants Suddenlink and its employees, representatives and/or agents the right to enter Customer's premises and access Equipment, the wiring within Customer's premises and Customer's computer(s) to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the Equipment, check for signal leakage, or install or deliver Suddenlink provided software ("Software"). Customer shall cooperate in providing such access upon request of Suddenlink. If Customer is not the owner of the premises, Customer warrants that Customer has obtained the legal authority of the owner to authorize Suddenlink personnel and/or its agents to enter the premises for the purposes described herein.
Payment. The charges for one month of Services, including any deposits and installation and Equipment charges, are due upon installation of the Services. Thereafter, Customer agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees, taxes, regulatory fees, franchise fees, surcharges (including a broadcast station surcharge) and other government assessments no later than the date indicated on Customer's bill. Charges for non-recurring Services or Equipment charges will be reflected on Customer's subsequent bill at the then current applicable rates. If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes Suddenlink to charge such accounts. Failure to receive a bill does not release Customer from Customer's obligation to pay. Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Customer's premises and/or imposition of an administrative fee ("Administrative Fee") in accordance with applicable law. Any Administrative Fee imposed on Customer is intended to be a reasonable advance estimate of costs of managing past due accounts. Suddenlink does not extend credit to Suddenlink's Customers and the Administrative Fee is not interest, a credit service charge or a finance charge.
Additional Fees. In addition to Customer's monthly recurring charges and any Administrative Fee, additional fees may be imposed, including fees for returned checks, charge card chargeback, early termination, reconnection and service calls. Additional charges may also be imposed if collection activities are required to recover past due balances, including attorney fees. A list of applicable fees is available from your local Suddenlink's office ("Schedule of Fees"). Suddenlink reserves the right to amend or change the Schedule of Fees from time to time.
Early Termination Fees. If you cancel, terminate or downgrade the Service before the completion of any promotional term to which You agreed ("Initial Term"), you agree to pay Suddenlink an early cancellation fee of up to two hundred ($200.00) plus all outstanding charges for all Services used and Equipment purchased for which you have not paid us prior to termination. You agree that early cancellation fees or any other fees may automatically be charged to your account and your credit or debit card provided to Suddenlink Communications and you agree to pay such fees.
Security Deposits. Customer acknowledges and agrees that Suddenlink may (a) verify Customer's credit standing with credit reporting agencies; (b) furnish information about you (including your social security number), your account(s) and your payment history to those credit reporting agencies; and (c) require a deposit based on Customer's credit standing or past payment history with Suddenlink. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. Security deposits paid by Customer for Equipment or Services may be used, to the extent permitted by law, to offset any unpaid balance or charges after termination of Service. Customer shall remain liable for any outstanding balances after the security deposit has been applied. Further terms and conditions of the security deposit may be contained in the deposit receipt given to Customer at the time the security deposit is collected.
Disputed Charges. Customer must notify Suddenlink in writing of billing errors disputes or requests for credit within thirty (30) days after Customer receives the bill for which correction of an error or credit is sought. The date of the dispute shall be the date Suddenlink receives sufficient documentation to enable Suddenlink to investigate the dispute. The date of the resolution is the date Suddenlink completes its investigation and notifies the Customer of the disposition of the dispute.
Adjustments or Refunds. Any adjustment or refund shall be an amount equal to the pro-rata part of the monthly charges applicable to the interrupted Service and associated Equipment charges for the period of time during which the Service is interrupted. The adjustment or refund will be accomplished by a credit on a subsequent bill for Service. Except as otherwise expressly provided in this Agreement, the liability of Suddenlink, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the "Suddenlink Parties") for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Customer's Service charges and associated Equipment fees for a regular billing period ("Maximum Credit"). No credit allowance will be made for:
interruptions of Service due to the negligence of or noncompliance with the provisions of the Agreement by Customer or any person authorized by customer to use the Service;
interruptions of Service due to the negligence of any person other than Suddenlink including, but not limited to, the other common carriers connected to the Suddenlink's facilities;
interruptions of Service due to the failure or malfunction of Customer owned equipment or third party equipment;
interruptions of Service during any period in which Suddenlink is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions,
interruptions of Service during a period in which Customer continues to use the Service on an impaired basis;
interruptions during any period when the interruption is due to implementation of a Customer order for a change in Service arrangements;
interruptions of Service due to circumstances or causes beyond the control of Suddenlink.
Limitation of Refund. Unless otherwise provided by applicable law, in the event any amounts owed by Suddenlink to Customer are not claimed by Customer within one year of the date on which the amount became payable to Customer, Customer shall forfeit all rights to the refund and all such amounts shall become the property of Suddenlink.
Equipment And Software. Unless Suddenlink expresses otherwise in writing, any network facilities, Software, cabling or Equipment installed or provided by Suddenlink will remain the property of Suddenlink. Customer will acquire no ownership or other interest in the network facilities, cabling, Software or Equipment by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the network facilities, cabling or Equipment to Customer's residence or premises.
Misuse of Equipment. Customer will not open, alter, misuse, or tamper with the Equipment. Customer will not remove Equipment from the location where Equipment was installed. Customer will not remove any markings or labels from the Equipment. Customer agrees to safeguard the Equipment from loss or damage of any kind, and (except for any self installation procedures approved by Suddenlink) will not permit anyone other than a Suddenlink authorized representative to perform any work on the Equipment.
Return of Equipment. If Customer's Service is terminated or cancelled (for whatever reason), Unless Suddenlink expresses otherwise in writing, Customer agrees that Customer no longer has the right to keep or use the Equipment and Customer must promptly return the Equipment. The Equipment must be returned to Suddenlink in the same condition as when received, ordinary wear and tear excepted. Absent other instructions, if Customer fails to return the Equipment, Customer will pay any expenses Suddenlink incurs in retrieving the Equipment. Failure of Suddenlink to remove the Equipment does not mean that Suddenlink has abandoned the Equipment. Suddenlink may impose a charge for unreturned Equipment and/or continue to charge Customer a monthly Service fee until any remaining Equipment is returned, collected by Suddenlink or fully paid for by Customer.
Damaged or Lost Equipment. If the Equipment is damaged by Customer, destroyed, lost or stolen while in Customer's possession, Customer is responsible for the cost of repair or replacement of the Equipment.
Operation of Equipment. The Customer agrees to operate any Equipment in accordance with instructions of Suddenlink or Suddenlink's agent. Failure to do so will relieve the Suddenlink Parties of liability for interruption of Service and may make the Customer responsible for damage to Equipment.
Tests and Inspections. Upon reasonable notification to the Customer, and at a reasonable time, Suddenlink may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein.
Software. Customer agrees to comply with the terms and conditions of any Software license agreement provided with the Software. The Software shall be used solely in connection with the Services and Customer will not modify, disassemble, translate or reverse engineer, the Software. If Customer's Service is terminated, Customer will promptly return or destroy all Software provided by Suddenlink and any related written materials. Suddenlink will have the right to upgrade, modify and enhance the Equipment and Software from time to time through "uploads."
Repair. Suddenlink will repair and/or replace defective Software or Equipment provided such damage was not caused by misuse, neglect or other fault of Customer. Suddenlink is not responsible for the operation, maintenance, service or repair of any Customer's equipment, including, but not limited to, televisions, computer devices, remote controls or other consumer electronics, including any hardware or third party software, which may be connected to the Services ("Customer Equipment").
Replacement. Notwithstanding anything to the contrary in this Section 10, Customer accepts responsibility for the proper handling, recycling, and/or disposal (collectively, “Disposal”) of any Equipment that, if permitted by Suddenlink, Customer elects to not return to Suddenlink after cancellation or termination of service or after Equipment has been upgraded or replaced with new Equipment, and in the event of a Disposal, shall be considered the owner of such Equipment.
Prohibitions/Theft of Service. . Customer shall not intercept, receive or assist in the interception or receipt of, resell, distribute or duplicate any Services. In no event shall Customer use the Services and/or Equipment to engage in any illegal or prohibited activity.
Customer Liability for Users. Customer must be at least eighteen years of age to subscribe to Services. Customer is responsible for any access, use or misuse of the Services and/or Equipment that may result from access or use by any other person who has access to Customer's premises, equipment or account. Customer is responsible for ensuring that all persons who use Customer's subscribed to Services ("Users") understand and comply with all terms and conditions applicable to the Services.
Termination. Suddenlink may terminate this Agreement immediately at any time, without prior notice, if Customer or a User fails to fully comply with the terms of this Agreement, its components and Suddenlink's Acceptable Use Policy ("AUP") or for any other reason or no reason. If Suddenlink terminates Service due to a violation of this Agreement or Suddenlink's policies, Customer may be subject to additional fees and charges, including disconnect and termination fees and Suddenlink may also exercise other rights and remedies available under law.
Customer Obligations Upon Termination. Customer agrees that upon termination of any Service, Customer will immediately cease use of the Equipment and any Software, and; Customer will pay in full the charges for Customer's use of the Service and the Equipment through the later of: (i) the effective date of termination of the Service, (ii) if applicable, the expiration of any promotional term, or (iii) the date when the associated Equipment or Software has been returned to Suddenlink.
No Waiver. The failure of Suddenlink to enforce this Agreement and any of its components, for whatever reason, shall not constitute a waiver of any right of Suddenlink or the ability to assert or enforce such right at any time in the future.
No Assignment. Customer may not assign, or transfer in any manner, the Services or any rights associated with the Services.
No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY SUDDENLINK ON AN "AS IS" AND "AS AVAILABLE"BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SUDDENLINK PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER'S OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL THE SUDDENLINK PARTIES BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
THE SUDDENLINK PARTIES MAKE NO WARRANTIES THAT THE SERVICE, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT.
THE SUDDENLINK PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF CUSTOMER'S COMMUNICATIONS VIA SUDDENLINK'S FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER'S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT THE SUDDENLINK PARTIES WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS.
IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR CUSTOMER'S USE OF THE SERVICES AND/OR EQUIPMENT, SUDDENLINK'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED BY SUDDENLINK'S WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDIT.
Indemnification. Customer agrees to defend, indemnify and hold harmless the Suddenlink Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service and Equipment by Customer or otherwise arising out of the use of Customer's account or any equipment or facilities in connection therewith, or the use of any other products or services provided by Suddenlink to Customer. Customer agrees to indemnify and hold harmless the Suddenlink Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of Suddenlink's Equipment, facilities and associated wiring on Customer's premises and further, Customer indemnifies and holds harmless the Suddenlink Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of Suddenlink or the use thereof by Customer; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by Suddenlink, and apparatus, Equipment, and systems provided by Customer; and against all other claims arising out of any act or omission of Customer in connection with the Services or facilities provided by Suddenlink.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.THIS SECTION IS INTENDED TO BE INTERPRETED BROADLY TO ENCOMPASS ALL DISPUTES OR CLAIMS ARISING OUT OF OUR RELATIONSHIP. YOU AND SUDDENLINK AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY), RELATING TO OR ARISING OUT OF YOUR RELATIONSHIP WITH SUDDENLINK, IRRESPECTIVE OF WHETHER ARISING PRIOR TO OR AFTER THIS OR ANY OTHER AGREEMENT, INCLUDING CLAIMS, DISPUTES, OR CONTROVERSIES ARISING UNDER FEDERAL, STATE, OR LOCAL STATUTE, ORDINANCE, OR REGULATION, OR AS RELATES TO THIS AGREEMENT INCLUDING ANY OF ITS COMPONENTS, THE SERVICES OR EQUIPMENT PROVIDED BY SUDDENLINK OR ANY ORAL OR WRITTEN STATEMENTS, ADVERTISEMENTS, REPRESENTATIONS OR PROMOTIONS RELATING TO THIS AGREEMENT OR TO THE SERVICES OR EQUIPMENT (COLLECTIVELY, "CLAIM") SHALL BE RESOLVED THROUGH BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, EXCEPT THAT SUDDENLINK MAY CHOOSE TO PURSUE CLAIMS IN COURT IF THE CLAIMS RELATE SOLELY TO THE COLLECTION OF ANY DEBTS YOU OWE US.
Notice Of Dispute. Before commencing an action in arbitration, you must first notify us of your dispute and allow us an opportunity to resolve it without the need for arbitration. You must write us a letter briefly explaining the dispute and stating the relief that you demand. Provide as much information as possible, including where applicable dates and specific amounts of money. Also include the account holder's name, the account number, the service address, and a telephone number at which you may be reached during business hours. For your convenience, you may download a Notice of Dispute form from our website at (www.suddenlink.com/noticeofdispute). Once you have written the letter or filled out the Notice, send it to us by certified mail at Suddenlink Communications, 6151 Paluxy Drive, Tyler, TX 75703 , Attn: Customer Disputes.
30 Day Wait Period. If Suddenlink has not been able to resolve your dispute to your satisfaction within 30 days from when we received your Notice of Dispute, you may start arbitration proceedings.
Private Statute of Limitations. Arbitration must be initiated by Customer by filing a Notice of Dispute within one (1) year of the date of the occurrence of the event or facts giving rise to the dispute (except for billing disputes which must be initiated by filing a Notice of Dispute within thirty (30) days). Customer waives any claim not filed in accordance with the previous sentence.
Rules Governing Arbitration.
Arbitration Procedure. To commence arbitration, you must submit a Demand for Arbitration to the American Arbitration Association ("AAA"). A Demand for Arbitration form can be found at from our website at www.suddenlink.com/demandforarbitration. All arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the AAA. The AAA shall appoint the arbitrator. The party initiating arbitration shall give notice to the other party by mailing a copy of the request for arbitration to the other party at the addresses on the Service Order. During the arbitration, the amount of any settlement offer made by Suddenlink or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Suddenlink is entitled.
Filing Fees. Except as otherwise provided for herein, Suddenlink will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the requirements herein. If, however, (i) the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)) or (ii) if the arbitrator’s award is less than the amount of Suddenlink's last written settlement offer before an arbitrator was selected, then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Suddenlink for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA 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 AAA rules.
Waiver of Class Action. All parties to the arbitration must be individually named and there shall be no right or authority for any claims to be arbitrated or otherwise tried on a class action or consolidated basis or through a representative. The arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Forum. Arbitration of claims will be conducted in such forum and pursuant to such laws and rules related to commercial arbitration that are in effect on the date of the notice to arbitrate.
Venue. Unless Suddenlink and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your service address.
Award. An arbitrator may not award relief in excess of or contrary to what this Agreement provides or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or applicable declaratory relief.
Increase of Award or Attorney’s Fees. 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 amount of Suddenlink's last written settlement offer before an arbitrator was selected, then Suddenlink will pay you the amount of the award or $5,000, whichever is greater; and; as well as your reasonable attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrued for investigating, preparing, and pursuing your claim in arbitration.
Governing Law. The law of the state of your service address shall govern this Agreement and any dispute arising hereunder except to the extent that such law is preempted by or inconsistent with applicable federal law.
Severability. If any term or condition of this Agreement shall be adjudicated or determined as invalid or unenforceable by a court, tribunal or arbitrator with appropriate jurisdiction over the subject matter, the remainder of the Agreement with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
No Relationship. Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchisor, employer-employee or principal-agent relationship between Suddenlink and any content, backbone, network, circuit and other technology or communications providers, software and other licensors, hardware and equipment suppliers or other third party providers of elements of the High Speed Internet Service, nor impose upon any such companies any obligations for any losses, debts or other obligations incurred by the other.
Survival. All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and Suddenlink rights and the rights of others).
Force Majeure. Suddenlink Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over Suddenlink, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
TERMS OF SERVICE APPLICABLE ONLY TO THE PROVISION OF CABLE TELEVISION SERVICES (VIDEO SERVICES). In addition to all other relevant terms provided in this Agreement, as part of Customer's subscription to such Video Services, Customer further understands and agrees that:
Use of Services. The programs, content and other service provided through Suddenlink's Video Service must be utilized for use solely at the Customer ‘s residence, for purposes limited to other authorized activities and display on no more than the number of workstations/receivers at the Customer Locations as disclosed on the Service Order, provided that Customer may not directly or indirectly charge any fee as a condition to viewing the Service and that the Video Service is not duplicated, redistributed or accessed in violation of any applicable law.
Programming Content. Customer understands and agrees that by using the Video Service, Customer or Users may be exposed to materials or content that may be offensive, sexually explicit or objectionable to Customer. Parental control devices are available upon Customer's request for use with the Video Service to block certain programming and/or filter certain content. The Suddenlink Parties make no representation or warranty regarding the effectiveness of such parental control devices. Under no circumstances will the Suddenlink Parties be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any programming content provided with the Video Service.
Security. Suddenlink has no obligation to track the Video Services provided to Customer; however, as a part of the provision of Service and in order to protect from unauthorized reception of Service, Suddenlink may track through its cable television system the channel or Service selections indicated by Customer or other information necessary to satisfy any law or regulation to properly operate the Video Services and/or to protect Suddenlink, its cable television system, Services, Equipment and/or Customers.
Signal Level. To maintain legal requirements for minimal signal levels at Customer's terminal, no more than one television or cable programming viewing device may be connected to a single cable receptacle.
Outages. Subject to applicable law, a credit may be given for qualifying outages. If there is a known Video Service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to local law), Suddenlink, upon prompt notification of such failure or interruption by Customer, may either provide Customer with a pro-rata credit relating to such failure or interruption, or at Suddenlink's discretion, in lieu of the credit, provide alternative programming during any program interruption. Suddenlink Parties will not be liable for any incidental or consequential damages or losses from any interruption in programming or Video Service.
TERMS OF SERVICE APPLICABLE ONLY TO THE PROVISION OF HIGH SPEED INTERNET SERVICES. In addition to all other relevant terms provided in this Agreement, a Customer who subscribes to one of Suddenlink's High Speed Internet Services, which may include internet access services, on line video services, e-mail services, e-commerce, online content, features and other online services under the control of Suddenlink or its affiliates understands and agrees that:
Additional Services. The High Speed Internet Service provided to customer allows access to certain Suddenlink proprietary Services, in addition to other services or features available over the Internet. Customer understands that he/she may incur additional charges while using these other services or while engaging in forms of e-commerce. All such charges shall be paid by Customer and are not the responsibility of Suddenlink.
Authorized Connections. Suddenlink agrees to provide Customer with the number and type of High Speed Internet Service connection(s) at the Customer Locations as stated on the Service Order. Customer shall not exceed the number, types or location of such authorized connections.
Peripheral Equipment. Customer understands and agrees that, to be operational, the High Speed Internet Service may require additional equipment. If Suddenlink is providing Customer with a cable modem, the cable modem shall remain Equipment. If Customer has purchased a cable modem (whether from Suddenlink or from a third party) the cable modem shall be Customer Equipment. Customer represents that it owns the Customer Equipment or otherwise has the right to use such equipment in connection with the High Speed Internet Service. Suddenlink shall have no obligation to provide, maintain or service the Customer Equipment. Customer agrees not to use the Equipment for any purpose other than to use the High Speed Internet Service pursuant to this Agreement.
Minimum Equipment. Customer agrees that the Customer Equipment utilizing the High Speed Internet Service must meet the minimum computer requirements outlined in the informational literature Suddenlink has provided and as may be amended from time to time. If Customer proceeds with the installation of or uses the High Speed Internet Service utilizing Customer Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), Customer agrees that (i) Customer will not be entitled to customer support from Suddenlink relating to any issues other than the quality of the signal delivered to the Customer's receptacle, and (ii) Customer understands and agrees that Customer may not be able to successfully install, access, operate, or use the High Speed Internet Service with the Non-Recommended Configuration. CUSTOMER ACKNOWLEDGES THAT ANY INSTALLATION, ACCESS, OPERATION OR USE OF NON-RECOMMENDED CONFIGURATIONS COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA. NEITHER SUDDENLINK NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.
Upgrades. Customer acknowledges that the Equipment is merely a means through which the High Speed Internet Service is provided by Suddenlink and may be removed or changed by Suddenlink at its discretion as it deems appropriate, including through "uploads" to Customer's computer(s) or otherwise. Whether the cable modem is owned by Customer or Suddenlink, Suddenlink shall have the unrestricted right, but not the obligation, to upgrade the firmware in the cable modem at any time that Suddenlink, in its sole discretion, determines it is necessary or desirable. Customer assumes all responsibility for any degradation in or problems from the failure to upgrade. Suddenlink does not represent, warrant or covenant that installation and modifications of peripheral devices, including Network cards, computer equipment, software, computer files and other system configuration files necessary to operate the High Speed Internet Service will not disrupt or delay the normal operations of Customer's computer device(s) or associated equipment. Suddenlink shall have no liability whatsoever for any loss, damage or outage resulting from the above. Upon Customer request and, at Suddenlink's sole discretion, for an additional charge, Suddenlink or its agents may install certain software, an extra cable receptacle, a cable modem and associated equipment for operation of the High Speed Internet Service. If installed by Suddenlink, Suddenlink shall use reasonable efforts to install the High Speed Internet Service to a fully operational status.
Back-Up. Customer agrees to either back-up all existing computer files prior to installation of any Equipment to Customer's computing device or accept sole responsibility for lost or damaged files, data or programs. In all events, Suddenlink shall have no liability whatsoever for any damage or loss or destruction of any of Customer's software, files, data or peripherals.
Prohibited Uses. Customer shall not and shall not allow others to use the High Speed Internet Services to violate Suddenlink's AUP that is provided to Customer from time to time in accordance with Section 22 and/or as posted on Suddenlink's web site.
Termination. In addition to Suddenlink's termination rights set out elsewhere in this Agreement, Suddenlink may terminate all Services, including the High Speed Internet Services if Suddenlink reasonably believes that Customer has engaged in or is engaging in any of these prohibited activities and Suddenlink reserves the right to pursue any damages or remedies from such activities, including any direct or indirect costs, expenses or fees incurred by Suddenlink and/or its affiliates. Following the termination of Customer's High Speed Internet Service account for any reason, Suddenlink is authorized to delete any files, programs, data, e-mail addresses and e-mail messages associated with such account. Such deletion may include Customer forfeiting his/her account user names, all e-mail, IP and web space addresses. Any incoming e-mail to Customer's canceled account will not be forwarded to another account. Suddenlink shall have no liability whatsoever as the result of the loss or destruction of any information, data, names or addresses.
Network. Suddenlink utilizes a network that allows bi-directional access to the Internet. The network is not intended to protect Customers from hackers, viruses or other harmful elements that may result from participation in High Speed Internet Services, and as such, Customer should not rely on the network to provide such protection. Suddenlink may run third party virus check software or other protection measures over its network to scan e-mails or Internet activity; however, Suddenlink does not represent, warrant or covenant that such software will detect, repair or correct any or all viruses or other harmful code or software.
E-mail. Customer must adhere to the e-mail policies provided in the AUP. As part of the subscription to High Speed Internet Services, Customer will be provided with the ability to set up mail addresses for the number of e-mail addresses specified on Customer's Service Order. Customer is responsible for the set-up and proper usage of these addresses. All e-mail accounts within Customer's account are limited to 2.5 megabytes of storage space on the network. Suddenlink reserves the right to modify, delete or correct any accounts that exceed the megabyte limitation, and modify the size of Customer's storage space, at Suddenlink's sole discretion and without notice. To preserve e-mail for longer periods, Customer can set its e-mail account so that e-mail is automatically stored on Customer's computer's hard-drive when Customer opens it. Please check the Help section on Customer's e-mail access program (e.g., Outlook Express). Suddenlink reserves the right to place additional limitations on Customer’s e-mails on the Suddenlink network, including without limitation, maximum message size, maximum number of recipients per message, and maximum number of messages per server connection. Suddenlink reserves the right to reclaim any and all inactive e-mail addresses and accounts from Customer at Suddenlink's sole discretion and without notice, whether such are inactive as a result of the termination or cancellation of High Speed Internet Service regardless of the reason for such cancellation or termination, or inactive as a result of a lack of access by Customer to the account and/or e-mail address for a period of twelve months or greater.
Computer Security. Suddenlink may provide, offer for sale or subscription, or otherwise make available, software or services for e-mail filtering, anti-virus scanning and other e-mail security solutions for the convenience of Customers. Suddenlink shall not be responsible for nor have any liability with regard to the e-mail that Customer or its authorized Users receive, nor for any loss or filtered e-mail, nor for the failure to prevent virus delivery or infection. Suddenlink Parties are not responsible or liable for the forwarding or inability to forward e-mail sent to any other e-mail account. E-mails sent to suspended or terminated accounts may be returned to sender, ignored, deleted or stored temporarily at Suddenlink's sole discretion.
PersonalWeb Pages and Content. Customer may create personal web pages. Customer may not use the High Speed Internet Service for commercial or business purposes. On such personal web pages, Customer can design, maintain, and publish texts, diagrams, illustrations, audio clips and related materials for access by a global audience. Customer is solely responsible for any information, materials or content that Customer publishes on its web pages or otherwise makes available on the Internet. Customer should take appropriate precautions to prevent minors from receiving inappropriate content. Suddenlink and its affiliates reserve the right to refuse to post and/or to remove any information, materials or content, in whole or in part, that it deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
Accuracy of Content. Customer understands and agrees that by using the High Speed Internet Service, Customer and/or User may be exposed to materials or content that is offensive, indecent, sexually explicit, objectionable, or that may violate federal, state or local laws, rules or regulations or may violate the protected rights of the Customer or others. Customer also understands that the technical processing and transmission of the High Speed Internet Service, including Customer's content or material, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and that under no circumstances will the Suddenlink Parties be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any content, including, but not limited to, any errors or omissions in any content, access to such content or material by Customer or others, or incurred as a result of the use of any content posted, or otherwise transmitted via the High Speed Internet Service. Customer acknowledges that software programs claiming to be capable of restricting access to sexually explicit material on the Internet are commercially available. The Suddenlink Parties make no representation or warranty regarding the effectiveness of such programs.
Scheduled Service Repair, Maintenance or Upgrade. Suddenlink may from time to time schedule Service repair, maintenance or upgrades to provide Customer with High Speed Internet Service. Customer shall not receive High Speed Internet Service credits for such scheduled repairs, maintenance or upgrades. If there is a known and unscheduled High Speed Internet Service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to local law), Suddenlink, upon prompt notification of such failure to interruption by Customer, may provide Customer with a pro-rata credit relating to such failure or interruption. Suddenlink Parties will not be liable for any direct, incidental or consequential damages or losses from any interruption in High Speed Internet Service.
Changes to High Speed Internet Services. Suddenlink may also, at any time and in its sole discretion, without notice, change, add to or remove portions of the High Speed Internet Service (including, without limitation, content, functionality, hours of availability, Equipment requirements, speed, upstream and downstream limitations, Service features, storage capacity, and protocol filtering) and/or institute or otherwise change fees and charges for the High Speed Internet Service. If Customer is dissatisfied with such changes or the High Speed Internet Service after such changes, Customer's only right and remedy is to cancel his/her subscription to the High Speed Internet Service.
Service Usage. Suddenlink has no obligation to track High Speed Internet Service usage of Customer; however, as a part of the provision of Service and in order to protect from unauthorized reception of Service, Suddenlink may track through its cable television system and/or network certain usage, usage patterns and/or selections indicated by Customer or other information necessary to satisfy any law or regulation to properly operate the High Speed Internet Service and/or to protect Suddenlink, its cable television system, network, Services, Equipment and/or Customers.
Network Integrity. Suddenlink reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes, but is not limited to: port blocking, e-mail virus scanning, denying e-mail access or transmission, and putting limits on bandwidth and e-mail usage.
Internet Access Speeds, Customer agrees that actual Internet speeds that are experienced at any time will vary based on a number of factors, including the capabilities of Customer's computer equipment, Internet congestion, the performance of network servers and routers, the technical properties of websites visited, environmental factors, the content and applications accessed, the condition of any lines between these two points, and any network management tools and techniques employed by Suddenlink.
Bandwidth, Data Storage and Other Limitations. Customer agrees to comply with Suddenlink's bandwidth, data storage and other limitations of the High Speed Internet Service as established and modified by Suddenlink from time to time. Suddenlink’s High Speed Internet Service may include a specific allowance of bandwidth consumption for use during each of your monthly billing cycles at no additional charge. Consumption of bandwidth in excess of the allowance will be charged an additional amount at the rates stated on your bill. Unused amounts of the bandwidth allowance expire at the end of your monthly billing cycle and do not carry over to subsequent billing cycles. It is your responsibility to secure your personal network, and monitor and manage your bandwidth usage, which you may check using the online usage monitor available through your individual account at www.suddenlink.net. Customer agrees that its bandwidth usage activity will not improperly restrict, inhibit or degrade any other user's use of the High Speed Internet Service, nor represent (in Suddenlink's sole judgment) an unusually large burden on the network. Customer also agrees that its activity will not restrict, inhibit, disrupt, degrade or impede Suddenlink's ability to deliver and track its High Speed Internet Service, backbone, network nodes and/or other network services.
Sole Risk. Use of the High Speed Internet Services provided by Suddenlink, in addition to third-party products or services provided by or accessed through the High Speed Internet Service or the Internet is at Customer's sole risk and Customer acknowledges that the High Speed Internet Services are provided "AS IS." Accordingly, any information sent through or over the network is sent at Customer's sole risk.
Customer Security. When Customer's computer device is connected to a cable modem, it constitutes a "local" segment of the network. All of Customer's traffic to or from this local segment will be reflected by the cable modem in an unencrypted format onto the network (unless separate encryption technology is utilized) and will be subject to eavesdropping by third parties. Further, through the use of file and print sharing features, third parties outside of Customer's premises may be able to access Customer's computer devices across the network and access Customer's software, files and data. Any Customer who chooses to subscribe to Suddenlink's High Speed Internet Services and enables capabilities such as file sharing, print sharing or other capabilities that allow third party computer access, does so at his/her own sole risk. Customer is solely responsible for any security devices Customer chooses to connect or install on his/her computer device, in addition to any transmissions to or from Customer or its authorized Users. Suddenlink Parties shall not be liable or responsible for any unauthorized sharing, access, eavesdropping or any associated risks.
Suddenlink Wireless Home Networking Services (WiFi@Home). Suddenlink may provide WiFi@Home Service and support for that Service at its sole discretion and only to the extent that you use equipment compatible with such Service. Further, you acknowledge that the WiFi@Home Service may periodically require updates and/or changes to the software and/or firmware resident in the equipment used in connection with the Service, and may periodically require provisioning, configuration, management, diagnostics, and other administration to or in connection with the service and the equipment used in connection with the service. Any of these activities may be performed remotely or on-site by Suddenlink and/or its affiliates, suppliers, or agents at their sole option. You hereby consent to such updates, provisioning, configuration, management, diagnostics, and other administration, which will be performed as deemed necessary by Suddenlink and/or its affiliates, suppliers, or agents, with or without notice to you. You acknowledge and agree that when using the High Speed Internet Service (including the WiFi@Home Service) to access the Internet or any other online network or service, there are certain risks that may allow other Service users and Internet users to gain access to your computer system. You should take all appropriate security measures when using the WiFi@Home Service, including those recommended by Suddenlink and our affiliates, suppliers, or agents. Neither Suddenlink nor our affiliates, suppliers, or agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of the WiFi@Home Service by you, including without limitation, damages resulting from others accessing your computer or the contents of your transmissions made through the Service or your use of file sharing, print sharing, or other capabilities that allow users to gain access to your computer system.
Enforcement of Policy and AUP. Customer authorizes Suddenlink and its affiliates to cooperate with law enforcement authorities in the investigation or prosecution of criminal violations, and with system administrators at other Internet service providers or other network computing facilities to enforce this Agreement, the AUP and other applicable terms and conditions of the High Speed Internet Service. Such cooperation may include providing certain Customer identifying information to these parties.
Customer's Agreement To Indemnify For Misuse. MISUSE OR CERTAIN USE OF THE HIGH SPEED INTERNET SERVICE MAY RESULT IN CLAIMS BY THIRD PARTIES AGAINST SUDDENLINK AND/OR ITS AFFILIATES, MEMBERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONTRACTORS. AS A PRACTICAL MATTER, SUDDENLINK CANNOT MONITOR OR CONTROL THE ACTIVITIES OF CUSTOMERS OR USERS TO PREVENT THESE CLAIMS. CUSTOMER AND EACH USER, JOINTLY AND SEVERALLY, AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SUDDENLINK, ITS AFFILIATES AND THIRD PARTIES WHO CONTRIBUTE TO THE HIGH SPEED INTERNET SERVICE FROM ANY AND ALL CLAIMS, SUITS, PROCEEDINGS, INVESTIGATIONS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES, EXPENSES OR COST (INCLUDING ATTORNEYS' FEES AND INVESTIGATION EXPENSES) THAT DIRECTLY OR INDIRECTLY RESULT FROM, ARISE OUT OF OR RELATE TO: (i) ANY VIOLATION OF THIS AGREEMENT OR ANY APPLICABLE LAW BY THE CUSTOMER OR USER; (ii) THE USE OF THE SERVICE, INTERNET OR THE POSTING, PLACEMENT OR TRANSMISSION OF ANY CONTENT, SOFTWARE OR OTHER MATERIALS BY THE CUSTOMER OR USER; (iii) INFRINGEMENT OR VIOLATION OF ANY PERSON'S PROPERTY, CONTRACTUAL OR OTHER PROPRIETARY RIGHTS, INCLUDING COPYRIGHT, PATENT TRADE SECRET AND TRADEMARK RIGHTS; OR (iv) ANY ACTIVITY, OMISSION OR USE RELATED TO CUSTOMER'S HIGH SPEED INTERNET SERVICE ACCOUNT.
Tracking Devices and Viruses. Customer acknowledges that accessing certain websites through the High Speed Internet Service may result in "cookies" and other tracking devices to be entered in Customer's computer equipment and stored on Customer's browser. It is Customer's responsibility to disable the entry of "cookies" or other tracking devices following procedures, if available, on Customer's browser. Customer further acknowledges that using the High Speed Internet Service may result in harmful viruses being downloaded and stored on Customer's computer. It is Customer's responsibility to protect Customer's computer and data from harmful viruses by installing firewall and other anti-virus software on Customer's computer.
TERMS OF SERVICE APPLICABLE ONLY TO THE PROVISION OF SUDDENLINK PHONE SERVICES. In addition to all other relevant terms provided in this Agreement, a Customer who subscribes to Suddenlink's Phone Service understands and agrees to the following:
Limitations of Phone Service.
Power/Network Outages. Customer acknowledges and understands that the Phone Service will not work if any of the necessary Equipment is unplugged or otherwise disconnected from necessary power sources. Customer further acknowledges and understands that the Phone Service may not function in the event of power failure or if Customer's broadband cable connection is disrupted or not working properly. Should there be an interruption to the power supply to Customer's home, the Phone Service may be powered by backup battery supply, but the inclusion of a battery backup does not ensure that the Phone Service will work in all circumstances. In the event that there is a loss of power or other problem that disrupts Suddenlink's network, Phone Service will not be available until the network is restored. Cordless telephones powered by electricity will not function during a power outage, even if the Phone Service is functioning properly. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT SUDDENLINK DOES NOT GUARANTEE THAT E911 OR 911 DIALING WILL BE AVAILABLE IN THE EVENT OF A POWER FAILURE OR FAILURE OF THE SUDDENLINK NETWORK.
Enhanced 911 Service. Enhanced 911 ("E911"), or 911 service is a feature of the Phone Service. Prior to initiation of Phone Service, Customer must provide Suddenlink the valid street address where the Phone Service will be utilized ("Registered Address"). Customer agrees not to move the telephone cable modem ("EMTA") from the location it was originally installed. IF CUSTOMER MOVES THE EMTA FROM THE REGISTERED ADDRESS, CUSTOMER'S PHONE SERVICE MAY NOT FUNCTION PROPERLY AND E911/911 OPERATORS WILL NOT BE ABLE TO IDENTIFY THE CORRECT LOCATION OF A CALLER IN THE EVENT OF AN EMERGENCY.
Customer May Not "Opt-out" of Suddenlink's E911 Service. Customer acknowledges that pursuant to federal law the provision of E911 or 911 service to Customer is provided as an express condition of Service by Suddenlink. As a result E911 or 911 service is not an optional feature and customer may not "opt-out," or decline to accept, Suddenlink's E911 or 911 service.
Resetting Equipment after a Power Failure. A power failure or disruption in Service may require Customer to reset or reconfigure equipment prior to utilizing the Phone Service or E911 or 911 dialing. A power failure may also include a battery failure in the EMTA. If Customer experiences a battery failure in the EMTA, customer may contact Suddenlink for instructions on how to obtain a new battery, if desired.
Use of TDD or TTY Devices. Customer acknowledges that E911/911 service may not be fully compatible with all types of TDD or TTY devices for the hearing impaired. Suddenlink does not guarantee or offer emergency services compatible with any TDD/TTY or other hearing impaired devices.
Home Security Systems and other Non-voice Communications Equipment. Customer acknowledges that the Phone Service may not be compatible with certain third party home security, medical monitoring and other non-voice communications systems. It is the Customer's responsibility to test Customer's home security, medical monitoring system or other non-voice communications system. Customer acknowledges that these systems may not function properly in the event of a power outage or disruption in Suddenlink's broadband network service.
Calling Plans. Customer expressly agrees that Customer will not have the option of subscribing to a "local only" or "long-distance only" service, nor will Customer be able to subscribe to a separate local, toll or long distance provider for use in conjunction with the Phone Service.
Service Charges Related To Phone Service.
Usage-Based Charges. In addition to Customers monthly recurring charges, Customer agrees to pay Suddenlink for all usage-based charges including, but not limited to, collect calls, charges for calls to Alaska and Hawaii, international calls, directory assistance, and/or Suddenlink assisted calls.
Taxes. The Customer is responsible for the payment of any applicable sales, use, gross receipts, excise, access or other local, state and federal taxes, fees or surcharges (however designated) based upon the provision of Phone Service, all of which will be separately designated on Customer's invoice. It shall be the responsibility of the Customer to pay any such taxes that subsequently become applicable retroactively.
Regulatory Fees. Customer also agrees to pay any applicable fees or payment obligations in connection with the Phone Service that may be imposed by governmental or quasi-governmental bodies in connection with the sale, installation, use, or provision of the Phone Service and any regulatory fees that Suddenlink invoices Customer for to help defray Suddenlink's contribution to municipal, state and federal government programs in which Suddenlink participates, including but not limited to, universal service, telecom relay services for the visually/hearing impaired, 911/E911 programs and associated infrastructure. Suddenlink, in its sole discretion, has the right to determine what fees, taxes and surcharges are due by Customer and to collect and remit them to the governmental authority. The Suddenlink Parties shall in no way be liable to Customer for the collection or remittance of any fees, taxes and surcharges.
Surcharges. A surcharge may be imposed on charges for Phone Service originating from states which levy, or assert a claim of right to levy, a gross receipts tax on Suddenlink's operations in any such state, or a tax on interstate access charges incurred by Suddenlink for originating access to telephone exchanges in that state. This surcharge is based on state imposed receipts tax and other state taxes imposed directly or indirectly upon Suddenlink by virtue of, and measured by, the gross receipts or revenues of Suddenlink in that state and/or payment of interstate access charges in that state. Surcharges may also be imposed for international directory assistance, international mobile termination fees charged by foreign wireless telecommunication providers, operator assisted calls, and calls made to premium services such as chat lines. Any applicable surcharge will be shown as a separate line item on the Customer's monthly invoice.
Charges Caused by Third Parties. Customer is responsible in all respects (including payment obligations) for all use of the Phone Service under Customer's account, whether or not Customer authorized the use of the Phone Service, including third party fraud. Customer will be responsible for ensuring that all use of the Phone Service under Customer's account fully complies with this Agreement.
Casual Calling Charges. Customer agrees to pay for any charges arising out of the use of any "casual calling" (e.g., 10-10-333) services provided by any third party.
Pay-Per-Call/900 Calls. It is Customer's sole responsibility to pay all charges or fees assessed by any pay-per-call service provider (if such service is available). Suddenlink does not assist such providers in billing or collecting for their services, and Suddenlink will not intervene on Customer's behalf in a billing dispute with pay-per-call providers.
Wiring. Customer agrees that Suddenlink and its authorized agents may disconnect Customer's existing service to the local telephone company, and that Suddenlink or its authorized agent may disconnect, rearrange, splice or otherwise manipulate the existing telephone wiring in or on Customer's premises in order to connect the premises to the Phone Service.
Use of Phone Service.
Unlawful Use. Customer will not use the Phone Service for any unlawful purpose, or for any use which Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. Nor will Customer use any features, functions, or other inputs to the Phone Service (including the features, functions and services of a third party) for any unlawful purpose, or for any use which Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. Suddenlink may terminate Customer's Phone Service without notice if Suddenlink finds, in Suddenlink's sole judgment, that Customer's use is unauthorized or fraudulent.
No Commercial Use. Customer agrees not to use the Phone Service for any commercial reason, including telemarketing, medical transcription, facsimile broadcasting, or other enterprise directed at receiving income or profit. Unlimited Domestic Long Distance pricing applies to direct-dialed domestic person-to-person calls from home phone only. If Customer uses the Phone Service for any other purpose, Suddenlink may immediately suspend, restrict or cancel your service without prior notice.
Interference/Hazardous Conditions. Suddenlink may disconnect Customer's Phone Service without prior notice if Suddenlink finds, in Suddenlink's sole judgment, that Customer's use of the Service is causing interference to others or Customer has moved or tampered or allowed others to tamper with any Equipment. Suddenlink may also disconnect Customer's Phone Service without prior notice if Suddenlink finds, in Suddenlink's sole judgment, that hazardous conditions exist that would make Customer's continued use of the Service unsafe.
Switching to Suddenlink from Another Provider. If Customer is switching to Phone Service from another service provider, Customer may transfer Customer's existing phone number (if any) to the Phone Service, provided that the following conditions apply:
Customer requests the phone number transfer when Customer places Customer's order for the Phone Service.
Customer provides complete and accurate information, including Customer's address, existing phone number and name of Customer's current service provider.
Customer's current service provider releases Customer's existing phone number, without delay and without imposing non-industry-standard charges on Suddenlink.
Transfer of Customer's existing phone number to the Phone Service would not, in Suddenlink's sole discretion, violate applicable law or Suddenlink's processes and procedures.
Customer acknowledges and agrees that if Customer's EMTA is self-installed before the date that the number transfer becomes effective ("Port Effective Date"), Customer should keep Customer's current phone service until after the Port Effective Date, after which Customer will be able both to make and to receive calls using the Phone Service. Customer acknowledges and agrees that to avoid an interruption in telephone service, Customer must have the EMTA installed on or before the Port Effective Date. Customer's current telephone service for the number that Customer is transferring will be disconnected on the Port Effective Date; if Customer's EMTA is not yet activated, Customer will not have access to Phone Service. Suddenlink will provide Customer with an estimate of the Port Effective Date at the time of service ordering or via e-mail following Customer's completion of the ordering process.
In the event that the Customer desires to cancel or reschedule the date that the Customer desires Phone Service ("Customer Requested Due Date"), Customer must notify Suddenlink no later than three days prior to the Customer Requested Due Date in order to assure Customer will not experience interruption in telephone service.
Customer acknowledges and agrees that it is Customer's responsibility to cancel Customer's existing long distance service in the event that Customer has separate long distance service and local service providers.
Switching from Suddenlink to Another Provider. To transfer Customer's phone number from Suddenlink to another service provider, Customer must place the order to transfer the Services through Customer's new service provider (and not through Suddenlink). Suddenlink will release Customer's phone number to Customer's new service provider, provided that:
Customer's new service provider submits a properly completed transfer request to Suddenlink;
Customer's new service provider will accept transfer of the phone number without delay or charge to Suddenlink; and
Transfer of Customer's existing phone number to the new service provider would not, in Suddenlink's sole discretion, violate applicable law or Suddenlink's processes and procedures.
Reserved Telephone Numbers. If Customer is receiving a new telephone number from Suddenlink, Suddenlink will reserve telephone numbers for Customer's new telephone service. Reserved telephone numbers may change prior to the time of installation of service. Customers shall not use, publish or advertise reserved numbers until Phone Service has been activated. The Customer has no property right in the telephone number associated with the Phone Service and Customer is solely responsible for any expense or loss resulting from Customer's use, publication or dissemination of reserved numbers.
Directory Listing. The Suddenlink Parties shall not be liable for damages arising from errors or omissions in the making up or printing of directories or for error or omission on intercept service or in accepting listings as presented by Customers or prospective. In no event shall liability exceed an amount equal to the Phone Service charges during the period covered by the directory in connection with which the error or omission occurs.
Non-Published Listings. For an additional fee, Customer may choose to have a non-published telephone number. Suddenlink will make reasonable efforts to prevent the disclosure of non-published numbers, but in no case will the Suddenlink Parties be liable should such number be divulged or published.