Commercial Services Agreement
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT AFFECTS CUSTOMER’S RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
GENERAL TERMS OF SERVICE APPLICABLE TO SERVICE(S):
1. Services. Suddenlink shall use reasonable efforts to make the Services available by any requested service date. Suddenlink shall not be liable for any damages whatsoever resulting from delays in meeting any service dates due to delays resulting from construction or for reasons beyond its control. Suddenlink shall provide Customer with the Services and identified on the commercial service order presented to Customer' at time of installation ("Service Order"); provided, however, if Suddenlink determines that Customer's location is not serviceable under Suddenlink's normal installation guidelines, Suddenlink may terminate this Agreement. Suddenlink shall have no responsibility for the maintenance or repair of networks, facilities and equipment not furnished by Suddenlink.
2. Payment of Charges. The charges for one month of Services, including any deposits, activation, set-up, installation, construction and/or Equipment charges, are due upon installation of the Services or as otherwise set forth on the Service Order. Thereafter, Customer agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees (such as restoration or experience fees), taxes, regulatory fees, franchise fees, surcharges (including sports and broadcast tv surcharges), or 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. All rates for Services, Equipment charges and other fees and surcharges are subject to change in accordance with applicable law.
If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes Suddenlink to charge such accounts. If Customer elects to send a check as payment, Customer authorizes Suddenlink either to use information from Customer’s check to make a one-time electronic funds transfer from Customer’s bank account or to process the payment as a check transaction.
Failure to receive a bill does not release Customer from Customer's obligation to pay. Failure to pay the total balance when due (including checks returned for insufficient funds) 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 a late fee ("Late Fee") in accordance with applicable law. You can avoid incurring Late Fees by paying your monthly bill promptly. Any Late Fee imposed on Customer is intended to be a reasonable advance estimate of costs of managing past due accounts. The Late Fee is not interest, a credit service charge or a finance charge.
If the Customer has more than one account (Business and/or Residential) served by Suddenlink, all Suddenlink-provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed.
3. Additional Fees. In addition to Customer’s monthly recurring charges and any Late Fee, additional fees may be imposed, including fees for returned checks, Payment Assistance Fees for paying by phone, receiving a paper bill, 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 "Schedule of Fees") is available at suddenlink.com.pricing-packages. Suddenlink reserves the right to amend or change the Schedule of Fees from time to time.
4. Third Party Provider Charges. In connection with Customer’s use of the Services and Equipment, Customer may be able to access, subscribe to, use and/or purchase products, services, software or applications that are provided to Customer by third parties ("Third Party Providers"). Customer acknowledges that Customer may incur charges in connection with the subscription to, purchase or use of these Third Party Provider products, services, software or applications. All such charges, including any additional fees and applicable taxes, shall be paid by Customer to the Third Party Provider and are not the responsibility of Suddenlink. Credits or billing adjustments for products, services, software or applications billed by a Third Party Provider shall be subject to the stated billing practices of that Third Party Provider. Termination of a service or subscription offered for a separate charge billed directly by a Third Party Provider shall be effected in accordance with the Terms of Service or similar agreement between the Customer and the Third Party Provider.
5. Taxes. Customer agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
6. Term; Early Termination. Your subscription begins either on or the first day following your installation date and continues for the initial term set forth on your Service Order ("Initial Term"). If a Service Order does not specify an Initial Term, You have an automatically renewing monthly subscription ("Monthly Subscription").
a. Monthly Subscription. If you have a Monthly Subscription, your subscription begins either on or the first day following your installation date and automatically renews thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIOD(S).
You may cancel Service(s) for a period up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the then-current billing period. Any request for cancellation after the commencement of a service period will be effective at the end of the then-current service period. Access to the Services will, if possible, continue to be provided at the location ordered or, if you move, to your new location if in an Suddenlink-served area (subject to any installation charges).
b. Initial Term Subscription. If You have an Initial Term, your subscription begins either on or the first day following your installation date and continues for the duration of the applicable Initial Term. Upon the expiration of the Initial Term, Your subscription automatically renews thereafter on a monthly basis (each, a "Renewal Month") beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) for each month during the Initial Term and any Renewal Months will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIOD(S).
i. If you cancel, terminate or downgrade the Service(s) before the completion of the Initial Term"), you agree to pay Suddenlink early cancellation fees in an amount that includes: (i) all non-recurring charges reasonably expended by Suddenlink to establish service to Customer and not remunerated, (ii) any disconnection, early cancellation or termination charges reasonably incurred and paid by Suddenlink to third parties on behalf of Customer, and (iii) all monthly recurring charges for Services and Equipment for the remaining balance of the Initial Term. 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 and you agree to pay such fees.
ii. Following the Initial Term, You may cancel Service(s) for a period up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the then-current billing period. Any request for cancellation after the commencement of a service period will be effective at the end of the then-current service period. Access to the Services will, if possible, continue to be provided at the location ordered or, if you move, to your new location if in a Suddenlink-served area (subject to any installation charges).
7. Right to Make Credit Inquiries. Customer acknowledges and agrees that Suddenlink may (a) verify Customer’s credit standing, make inquiries and receive information about your credit experiences, including your credit report, from credit reporting agencies; (b) enter this information in your file, and disclose this information concerning you to appropriate third parties for reasonable business purposes; and (c) furnish information about you, your account(s) and your payment history to those credit reporting agencies.
8. Security Deposit. Suddenlink may require a deposit or activation fee based on Customer’s credit standing or past payment history with Suddenlink. A deposit or activation fee does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. Any security deposit given by Customer for the Equipment or Suddenlink's Service will be due and payable upon the first monthly billing. Such security deposits will be returned to Customer within sixty (60) days of termination of Suddenlink's Service so long as payment has been made for all amounts due on Customer's account and Customer has returned the Suddenlink Equipment undamaged. 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.
9. Disputed Charges. Customer agrees to pay all undisputed monthly charges and all applicable fees and taxes as itemized on the Suddenlink monthly bill and notify Suddenlink in writing of disputed items or requests for credit within thirty (30) days of Customer’s receipt of the bill for which correction of an error or credit is sought, or longer as provided by applicable law. 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.
10. Adjustments or Refunds. Any adjustment or refund, given in each case in Suddenlink’s sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law. No credit allowance will be made for interruptions of Service that are:
a. 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;
b. 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;
c. due to the failure or malfunction of Customer owned equipment or third party equipment;
d. 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;
e. during a period in which Customer continues to use the Service on an impaired basis;
f. less than thirty (30) minutes’ duration;
g. during any period when the interruption is due to implementation of a Customer order for a change in Service arrangements; or
h. due to circumstances or causes beyond the control of Suddenlink.
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.
11. Equipment and Software. "Distribution System" shall mean (1) all distribution plant, network facilities and associated electronics and all Equipment installed or provided by Suddenlink or its predecessors which is necessary to distribute Services throughout the premises, but specifically excluding Inside Wiring, and (2) all Equipment furnished by Suddenlink at the premises. Ownership of the Distribution System shall at all times be and remain in Suddenlink and shall be used exclusively by and in connection with Suddenlink operations. Upon termination of this Agreement and if Suddenlink is no longer providing Services to the premises, Suddenlink has the option to remove all or any portion of the Distribution System, provided that any damage to the premises caused by removal of the Distribution System will be repaired by Suddenlink to Customer’s reasonable satisfaction. "Equipment" means all equipment, including but not limited to, any cables, wires, amplifiers, cable boxes, access cards, remotes, cable cards, battery backup units, modems, routers, gateways, Altice One and Altice One Mini units distributed to and/or installed for use in the Customer’s service location but does not include Inside Wiring. "Inside Wiring" shall mean all wiring on the Customer’s side of the demarcation point at Customer’s service location, whether installed by Suddenlink or by Customer. The demarcation point shall mean a point at (or about) twelve (12) inches outside of where the cable wire enters the Customer’s service location. Inside Wiring shall be Customer property and not Suddenlink Equipment, and repair and maintenance for such Inside Wiring is the responsibility of Customer unless otherwise agreed by Customer and Suddenlink. None of the Equipment shall become a fixture nor shall distribution, installation, and/or use of Equipment, including but not limited to cable boxes and/or set top boxes be deemed a lease of such Equipment. Unless otherwise stated in the Service Order, Customer will acquire no ownership or other interest in the Distribution System, Equipment, network facilities, and software by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the Distribution System, Equipment or network facilities to Customer's premises.
a. Misuse of Equipment. Suddenlink Equipment is intended to service and reside at the specific service location and is not to be removed from the service location where it was installed or used off premises without Suddenlink authorization. Customer agrees that neither Customer nor any other person (except Suddenlink’s authorized personnel) will open, alter, misuse, tamper with, service, or make any alterations to any Equipment. 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. Any misuse, alteration, tampering, or removal, or the use of Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of service and is prohibited.
b. 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 to be determined in accordance with Suddenlink’s then current schedule of charges for non-returned Equipment and/or continue to charge Customer a monthly Service fee every month until any remaining Equipment is returned, collected by Suddenlink or fully paid for by Customer. Any charge for unreturned Equipment shall be due immediately.
c. 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.
d. Operation of Equipment. 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.
e. 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.
f. Software. Customer agrees to comply with the terms and conditions of any software license agreement applicable to the software provided or installed by Suddenlink ("Software"). The Software shall be used solely in connection with the Services and Customer will not modify, disassemble, translate or reverse engineer, the Software. All rights title and interest to the Software, including associated intellectual property rights, are and will remain with Suddenlink and Suddenlink’s licensors. 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. Customer acknowledges that the Software, and any related written materials, may be subject to applicable export control laws and regulations of the USA. Customer agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
g. 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 assumes no responsibility and shall have no responsibility for the operation, maintenance, condition or repair of any Customer-provided equipment and/or software, 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"), except that Suddenlink may automatically push required software or firmware updates directly to Customer Equipment when necessary for the provision of Suddenlink Service(s). Customer is responsible for the repair and maintenance of Customer Equipment. Suddenlink is not responsible or liable for any loss or impairment of Suddenlink’s Service due in whole or in part to a malfunction, defect or otherwise caused by Customer Equipment. Suddenlink makes no warranties, with respect to Equipment or Service provided by Suddenlink or with respect to the Equipment's compatibility with any Customer Equipment.
12. 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.
13. Customer Liability for Users. 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.
14. Access to Customer Premises. Customer grants Suddenlink and its employees, agents, contractors, and representatives all necessary rights of access to enter and within Customer's premises, including access to space for cables, conduits and equipment, the wiring within Customer's premises and Customer's computer(s) and other devices, to install, deliver, connect, inspect, maintain, repair, replace, disconnect, remove or alter any and all facilities, check for signal leakage or install or deliver Equipment and Software provided by Suddenlink. 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. Suddenlink’s failure to remove its Equipment shall not be deemed an abandonment thereof. Customer shall provide a secured space with electrical power, climate control and protection against fire, vandalism, and other casualty for Suddenlink’s equipment. Customer is responsible for ensuring that Customer's equipment is compatible for the Services selected and with the Suddenlink network.
15. Violations of this Agreement. It shall be a violation of this Agreement for Customer or any User (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in Suddenlink’s sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
a. Customer or any User fails to abide by Suddenlink’s rules and regulations or to pay the charges billed;
b. Customer or any User fails to provide and maintain accurate registration information or the information required in the registration process is or becomes incorrect, absent or incomplete;
c. Customer or any User engages in any illegal or prohibited activity in connection with their use of any Service;
d. Customer or any User harasses, threatens or otherwise abuses any Suddenlink employee or agent;
e. Customer or any User refuses to provide Suddenlink with reasonable access to the service location or refuses to allow Suddenlink to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
f. The amount of customer and/or technical support required to be provided to Customer or any User is excessive in the sole good faith discretion of Suddenlink.
16. Termination. Suddenlink may terminate this Agreement, disconnect or suspend any or all Services, and remove Equipment at any time, without prior notice, for any reason whatsoever or for no reason, including but not limited to if Customer or any User fails to fully comply with the terms of this Agreement and/or any Suddenlink or authorized Third Party Provider terms of service, agreements or policies incorporated herein by reference. 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 or in equity.
17. Effect of Termination by Suddenlink. Customer agrees that in the event of termination by Suddenlink: (i) Suddenlink and any Third Party Providers of co-branded services offered as part of or through the high speed internet service shall have no liability to Customer or any User; and (ii) unless expressly prohibited by law, Suddenlink, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Services by Customer or any former User. Customer further 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) Customer's applicable Service month, or (ii) if applicable, the expiration of any promotional term, or, if applicable, (iii) the date when the associated Equipment or Software has been returned to Suddenlink. Failure of Suddenlink to remove Equipment shall not be deemed an abandonment thereof. Customer shall pay reasonable collection and/or attorney's fees to Suddenlink in the event that Customer shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
18. Content and Services. All content, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, email, data offerings and other services are subject to change in accordance with applicable law.
19. Disclaimer. Suddenlink assumes no liability for any program, services, content or information distributed on or through the Services, Equipment or the cable system, unless locally provided by Suddenlink, and Suddenlink expressly disclaims any responsibility or liability for your use thereof. Further, Suddenlink shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
20. Telephone Communications With You Regarding Your Account or Service. You agree that Suddenlink and its agents may call or text you at any phone number (landline or wireless) that you provide to us, using an automated dialing system and/or a prerecorded message, for non-promotional service and/or account-related purposes, such as appointment confirmations, service alerts, billing and collection issues or account recovery concerns. You agree to notify us: (1) if any such phone number changes; (2) is no longer active; or (3) is ported from a landline to a wireless phone number. You can manage your contact preferences by logging into your account at http://www.suddenlink.com.
. 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.
22. No Assignment. This Agreement and the Services and/or Equipment supplied by Suddenlink are not assignable or otherwise transferable by Customer, without specific written authorization from Suddenlink. In Suddenlink's discretion, Suddenlink may assign, in whole or in part, this Agreement, and Service may be provided by one or more legally authorized Suddenlink affiliates.
23. No Warranty; Limitation of Liability. Customer expressly agrees that: (a) the Services provided are best efforts services and the Services, Software and Equipment are provided by Suddenlink on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied; (b) 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") are not responsible or liable for any loss or impairment of service due in whole or in part to Customer owned- or provided-Equipment; and (c) all use of the Services, Software and Equipment, including that provided by Third Party Providers, as well as the purchase, download or use of any third party service, product, or application provided by or accessed through the Services or Equipment, are provided at Customer’s sole risk and Customer assumes total responsibility for Customer’s or any User’s use of the Services. Without limiting the generality of the foregoing, the Suddenlink Parties make no warranty: (i) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (ii) as to transmission or upstream or downstream speeds of the network; (iii) that the Services, Equipment or Software are compatible with any Customer owned- or provided-Equipment; or (iv) 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 has the sole responsibility to secure Customer’s communications and the Suddenlink Parties will not be liable for any loss associated with such unauthorized access. In addition, neither the Suddenlink Parties nor any Third Party Provider of services or products makes any representations or warranties with respect to any product or services offered through the Services or Equipment, and Suddenlink shall not be party to nor responsible for monitoring any transaction between Customer and any Third Party Provider of products or services.
Except for a 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: (x) 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 Software, Equipment or provided third party services or otherwise arising in connection with the installation, maintenance, failure, removal or use of Services, Software and/or Equipment or Customer’s reliance on the Services, Software 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 or operation, failure to exercise reasonable supervision, delays in transmission, breach of warranty or failure of performance of the Services, Software and/or Equipment; or (y) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding relating to Services, Software and/or Equipment, or the infringement of the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any third party.
Suddenlink’s Maximum Liability to Customer arising under this Agreement shall be the lesser of $5,000.00 or the amount actually paid by Customer for Services hereunder for the respective regular billing period.
24. 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 or related in any way to 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.
25. Regulatory Authority. This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended.
26. BINDING ARBITRATION. Please read this section carefully. It affects your rights.
Any and all disputes arising between You and Suddenlink, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this arbitration provision. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
Claims that arose before this or any prior Agreement,
Claims that may arise after the termination of this Agreement.
Notwithstanding the foregoing, either You or Suddenlink may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed below. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
Resolving Your dispute with Suddenlink through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SUDDENLINK EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
a. Opting Out of Arbitration. IF YOU HAVE BEEN AN EXISTING CUSTOMER FOR AT LEAST 30 DAYS BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT AND HAVE PREVIOUSLY ENTERED INTO AN ARBITRATION AGREEMENT WITH SUDDENLINK OR A PREDECESSOR COMPANY, THIS OPT-OUT PROVISION DOES NOT APPLY TO YOU. IF YOU BECAME A CUSTOMER ON OR WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, AND DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY SUDDENLINK IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT NOARBITRATION@ALTICEUSA.COM OR BY MAIL TO ALTICE SHARED SERVICES, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO SUDDENLINK MUST INCLUDE YOUR NAME, ADDRESS, AND SUDDENLINK ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH SUDDENLINK THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH SUDDENLINK OR THE DELIVERY OF SUDDENLINK SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY OTHER OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH SUDDENLINK.
b. Pre-Arbitration Process.
i. 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 https://www.suddenlink.com/sites/default/files/Notice-Of-Dispute.pdf. Once you have written the letter or filled out the Notice, send it to us by certified mail at Altice Shared Services, 200 Jericho Quadrangle, Jericho, NY 11753, Attn: Customer Disputes.
ii. 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.
c. Commencing an Arbitration. To commence an arbitration, you must submit a written Demand for Arbitration to the American Arbitration Association ("AAA"), Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, with a copy to Suddenlink. A Demand for Arbitration form can be found on the AAA website at https://www.adr.org/CommercialForms.
d. Arbitration Process. The arbitration will be administered by the AAA under the AAA’s Commercial Arbitration Rules, as modified by this arbitration provision. You may obtain copies of those rules from the AAA at www.adr.org. If the AAA will not enforce this arbitration provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this arbitration provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will administer arbitration under this arbitration provision as written. If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern.
A single arbitrator will resolve the dispute between You and Suddenlink. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including customer personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this arbitration provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this arbitration provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless the parties agree otherwise, any arbitration hearing will take place in the county (or parish) of Your service address. If the amount in dispute is less than $50,000, Suddenlink agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
e. Arbitration Fees. Except as otherwise provided in this arbitration provision, Suddenlink will pay all arbitration filing, administrative, and arbitrator fees for any arbitration that Suddenlink commences or that You commence seeking damages of $10,000 or less. If You commence an arbitration seeking greater than $10,000 in damages, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Suddenlink will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys’ or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Suddenlink to pay those costs and expenses. Notwithstanding the foregoing, if the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Suddenlink for any amounts Suddenlink may have paid on Your behalf.
f. Governing Law. Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this arbitration provision. Any state statutes pertaining to arbitration shall not be applicable.
g. Waiver of Class and Representative Actions. YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Suddenlink agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This arbitration provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Suddenlink account holders, neither You nor Suddenlink may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.
If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Suddenlink proceeds to court rather than through arbitration, You and Suddenlink each waive the right to any trial by jury through this Agreement.
h. Severability and Survival. If any other portion of this arbitration provision is determined to be unenforceable, then the remainder of this arbitration provision shall be given full force and effect. The terms of the arbitration provision shall survive termination, amendment or expiration of this Agreement.
27. Governing Law. Subject to Section 26.f above, this Agreement shall be governed by the laws of the state of New York.
28. 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.
29. 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.
30. 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).
31. 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.
ADDITIONAL COMMERCIAL TERMS OF SERVICE. Customer understands and agrees that use of the Services is subject to the following additional commercial terms of service ("Additional Commercial Terms"), which are incorporated into the Agreement:
1. Resale of Service. Except for Web Hosting and as expressly provided in the Service Order, Customer may not sell, resell sublicense, share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture or as part of any outsourcing activity) the Services or any component thereof any portion of the Service to any other party. Customer shall be responsible for any software and content displayed and distributed by Customer or Customer’s web hosting customers, if any. Customer acknowledges that pay per view events will not be available, and if provided, may be subject to additional charges beyond the base rate.
2. Viruses, Content, Customer Information. Software or content obtained from the use of Service may contain viruses or other harmful features and Customer is solely responsible for protecting its equipment and software from such matters. Through the use of the Service, Customer may obtain or discover content that is offensive or illegal and Customer assumes the risk and is solely responsible for its access to such content. Suddenlink may disclose Customer information to law enforcement or to any Suddenlink affiliate.
3. IP Address. Suddenlink will allocate IP addresses to Customer according to ARIN guidelines. All IP addresses assigned by Suddenlink must be relinquished by Customer upon the expiration, termination or cancellation of this Agreement. IP address shall be subject to the IP policy in the AUP. Customer is responsible for registration and maintenance of and payment for domain names.
4. Web Hosting Servers. Suddenlink reserves the right to select the server for Customer’s web site for best performance. The Customer understands that the Services provided by Suddenlink may be provided on a shared server. This means that one web site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Customer’s web site overwhelms the server and causes complaints from other users, the Customer has outgrown the realm of shared services and will be required by Suddenlink to relocate its web site. If the Customer refuses to comply with this Section, then Suddenlink has the right to terminate the Services. Suddenlink will use reasonable efforts to maintain a full time Internet presence for the Customer. Customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, maintenance equipment failure, natural disaster, acts of God, or human error and Suddenlink shall not be liable to customer for such outages or server downtime.
5. E-Rate Customers.This paragraph applies only to educational institutions or libraries seeking reimbursement under the Federal Universal Service Fund. Customer shall apply annually to the Schools and Libraries Division, "SLD" for E-Rate funding and Customer shall designate Suddenlink as its provider of Services. Customer shall also provide Suddenlink with all documentation that is in response to all queries, inquires and requests as part of the Program Integrity Assurance (PIA) process within three (3) business days of receipt and/or delivery thereof. Customer also acknowledges that increases and decreases in funding for Services may occur from the SLD. If Customer is denied SLD funding for any reason, Suddenlink may then elect to decrease the level of Services provided to Customer. If full E-Rate funding is not received within 6 months of application date, or by the opening of the application window for the following funding year, then Suddenlink may terminate the Agreement without further liability to Suddenlink or the Customer. Additionally, if full E-Rate funding is not received and Suddenlink elects to terminate the Services during the contract term, then Customer may be subject to termination liabilities.
5. Bundled Packages.
In consideration for Customer’s purchase of the bundled package of two or more services and only with respect to that period time during which Customer continues to purchase such bundle, Suddenlink shall continue to apply a discount to the Services ordered under this Service Order. Such discount has been applied to the Services included in bundled pricing offer and is reflected in the monthly services fees for such Services contained in this Service Order. For purposes of clarification, in the event Suddenlink’s provision to Customer of one or more of the bundled Service components is discontinued or otherwise terminated for any reason, the pricing for the remaining Service components listed above shall revert to Suddenlink’s a la carte pricing for such Services in effect at the time of the discontinuation or termination. Termination liabilities applicable to the Services under the Service Agreement shall otherwise remain unchanged.
ADDITIONAL TERMS OF SERVICE FOR VIDEO SERVICE. Customer understands and agrees that use of the Video Service is further subject to the following additional terms of service ("Additional TV Terms"), which are incorporated into the Agreement:
1. Use of Services. The programs, content and other service provided through Suddenlink’s Video Service must be utilized for use solely at the locations identified on the Commercial Service Order, for purposes limited to other authorized activities and display on no more than the number of televisions/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; permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the Services (or any part thereof) unless Customer can demonstrate to the reasonable satisfaction of Suddenlink that Customer or a third-party has obtained a then-current music license permitting such activity; insert any commercial announcements into the Services or interrupt any performance of the Services for the making of any commercial announcements; and that the Video Service is not duplicated, redistributed or accessed in violation of any applicable law.
a. Notwithstanding anything to the contrary herein, the Suddenlink Video Service, including but not limited to all programming, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, data offerings and other services are subject to change in accordance with applicable law. In no event shall Suddenlink be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond Suddenlink's reasonable control. Customer acknowledges and agrees that it has no right to receive, and Suddenlink has no obligation to provide, any particular programming service or channel as part of Suddenlink's Video Service and that Customer is not entering into this agreement or purchasing Suddenlink's Video Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of Suddenlink's Video Service.
b. Notwithstanding anything to the contrary herein, and for the avoidance of doubt, in the event particular programming becomes unavailable, either on a temporary or permanent basis, due to a dispute between Suddenlink and a third party programmer, Suddenlink shall not be liable for compensation, damages (including compensatory, direct, indirect, incidental, special, punitive or consequential losses or damages), credits or refunds of fees for the missing or omitted programming. Customer’s sole recourse in such an event shall be termination of the Suddenlink Video Service. The provisions of this paragraph shall not apply to programming to which a Customer subscribes on an a la carte basis (i.e. channels that are not part of a package or tier); provided, however, in that event Customer shall only be entitled to a pro rata credit of amounts pre-paid for the specific programming to which Customer subscribes on an a la carte basis.
3. 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.
4. 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.
5. 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.
6. Music Rights Fees. In all cases, Customer is responsible for and must secure any music rights and/or pay applicable fees required by the American Society of Composers, Authors & Publishers ("ASCAP"), Broadcast Music, Inc. ("BMI") and SESAC, Inc. ("SESAC") or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate in connection with Customer’s transmission, retransmission, communication, distribution, performance or other use of the Services, whenever and wherever applicable.
7. Premium and Pay-Per-View. Customer may not exhibit any premium Services such as HBO or Showtime in any public or common viewing area. Customer may not order or request Pay-Per-View (PPV) programming for receipt, exhibition or taping in a commercial establishment. Customer may not exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Suddenlink’s prior written consent.
ADDITIONAL TERMS OF SERVICE FOR HIGH SPEED INTERNET SERVICE. Customer understands and agrees that use of the High Speed Internet Service, 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, is further subject to the following additional terms of service ("Additional Internet Terms"), which are incorporated into the Agreement:
1. Authorized Connections. Suddenlink agrees to provide Customer with the number and type of High Speed Internet Service connection(s), e-mail addresses, and other appurtenances at the Customer Locations as stated on the Commercial Service Order. Customer shall not exceed the number, types or location of such authorized connections.
2. 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.
3. 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.
4. 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.
5. Prohibited Uses. Customer shall not and shall not allow others to use the High Speed Internet Service to:
a. violate Suddenlink’s AUP that is provided to Customer and/or posted on Suddenlink’s web site from time to time in accordance with the AUP;
b. invade another person’s privacy or security;
c. restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Internet, including any features or activities on the Internet, any Equipment, the High Speed Internet Service or features of the High Speed Internet Service(s);
d. create any unusually large burden on the network, including, without limitation, posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitating feature; distribute mass or unsolicited e-mail, including commercial advertising, announcements or junk mail; or otherwise generate large levels of traffic sufficient to impede other’s ability to send or receive information;
e. unlawfully use, possess, post, transmit or disseminate obscene, profane, or pornographic material, other content or material that is unlawful, threatening, abusive, libelous, slanderous, defamatory, encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation;
f. access any computer, software, data, any confidential or proprietary content or copyrighted, trademarked or patent protected material without the knowledge and consent of the owner of such content or material;
g. use, create, access, post, upload or download tools or features that cause impairment, restriction or destruction to any content, material, device or system, the High Speed Internet Service or Equipment;
h. copy, distribute or sublicense any Software, except as expressly permitted in writing by Suddenlink;
i. disrupt any backbone network nodes or network service used by Suddenlink;
j. interfere with computer networking or other services to or from any Internet user, host or network, including but not limited to denial of service attacks, overloading a service, improper seizure or abuse of operator privileges ("hacking") or attempting to "crash" a host or service;
k. unless expressly provided in the Customer Service Order, operate a server in connection with the Services, including FTP, IRC, SMTP, POP, HTTP, SOCKS, SQUID, DNS or any multi-user forums;
l. port scan any computer, device or any other person without knowledge or consent of such person, nor use any tools to facilitate such scans;
m. impersonate any person or entity or forge anyone else’s digital or manual signature.
6. Effect of Termination. 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(s) 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.
7. 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 Service, 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.
8. 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.
9. 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.
10. Personal Web Pages and Content. Customer may create personal web pages. 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 reserves 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.
11. 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.
12. 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.
13. Changes to High Speed Internet Service. 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.
14. 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.
15. 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.
16. 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. 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.
17. Sole Risk. Use of the High Speed Internet Service 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 Service are provided "AS IS." Accordingly, any information sent through or over the network is sent at Customer’s sole risk.
18. 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 the Suddenlink’s High Speed Internet Service 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.
19. 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.
20. 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.
21. Additional Terms for Suddenlink-provided Wireless Router/Gateway and Wireless Access Point. Suddenlink-provided wireless routers, gateways and Altice One devices (with built-in router/gateway) (each, a "Suddenlink Router/Gateway") are available to certain Customers and provide wireless access to the High Speed Internet Service within the Customer's service location ("Local Network"). Suddenlink Router/Gateways come programmed with certain default settings and configurations for the Local Network. Customers may modify certain of the default settings and configurations on the Suddenlink Router/Gateway although Suddenlink recommends maintaining the default configuration and settings. Suddenlink does not guarantee the security of the Suddenlink Router/Gateway and Customer's connection to the High Speed Internet Service via the Local Network. Customer understands and agrees that Customer is solely responsible for the security of his/her Local Network. Suddenlink Router/Gateways are preconfigured to distribute hotspots for additional Suddenlink wireless networks in addition to the Local Network, including Altice WiFi (each, a “Suddenlink Network Hotspot”). Suddenlink Network Hotspots are separate from the Local Network and are accessible by Optimum/Suddenlink internet customers, Altice Mobile customers and certain other authorized users. The Local Network is encrypted and has separate security settings from the Suddenlink Network Hotspots. Customer understands that simultaneous connections to both the Local Network and a Suddenlink Network Hotspot may not be available and that after a device is connected to the Local Network, the primary connection for the Customer and any devices using Customer's login credentials, while in the home, will be to the Local Network. Any use of bandwidth from such wireless access point by third parties, will not be considered to be use by the Customer for any purpose. The Suddenlink Router/Gateway will collect and maintain certain information regarding access to and use of the Local Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Suddenlink to provide the High Speed Internet Service and support as well as for Altice's internal business analytics regarding the use of the High Speed Internet Service. Customer acknowledges and agrees that Suddenlink shall have access to the password associated with the Suddenlink Router/Gateway in order to provide support and diagnostic services. Suddenlink reserves the right to modify the password for the Suddenlink Router/Gateway in order to safeguard Internet security, the security and privacy of Customer information, where required by law, and/or for other good cause to provide, upgrade and maintain the High Speed Internet Service, and protect the network, other users of the Internet, or our Customers. Suddenlink shall notify Customer of any such password modifications. Customer acknowledges that the Suddenlink Router/Gateway is Suddenlink Equipment.
In certain circumstances, a range extender or WiFi extender may be required to be installed and connected to the Suddenlink Router/Gateway in order to connect wirelessly to the High Speed Internet Service throughout Customer’s service location. A monthly extender equipment fee may apply. Customer understands and agrees that where the Suddenlink Router/Gateway is a wireless router (as opposed to a gateway or Altice One device), and a range extender is required, the Suddenlink-recommended installation method is through a wired connection directly to the Suddenlink Router/Gateway. Customer understands and agrees that wireless router range extender installations are not recommended by Suddenlink and such wireless installations may not successfully resolve any or all wireless signal strength and/or wireless signal range-related issues (issue list not exhaustive). Suddenlink continues to recommend a wired installation to best resolve wireless connectivity issues within your service location.
Effective September 21, 2019
ADDITIONAL TERMS OF SERVICE FOR PHONE AND/OR BUSINESS HOSTED VOCE SERVICE(S) Customer understands and agrees that use of the Phone Service or Business Hosted Voice Service is further subject to the following additional terms of service ("Additional Phone Terms"), which are incorporated into the Agreement:
Limitations of Phone or Business Hosted Voice Service.
a. Power/Network Outages. Customer acknowledges and understands that the Phone or Business Hosted Voice 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 or Business Hosted Voice 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 business, the Phone or Business Hosted Voice Service may be powered by backup battery supply, but the inclusion of a battery backup does not ensure that the Phone or Business Hosted Voice 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 or Business Hosted Voice 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 or Business Hosted Voice 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. Customer understands and acknowledges that Suddenlink Phone or Business Hosted Voice Service, including 911/E911, as well as all online features of Suddenlink Phone or Business Hosted Voice Service, where Suddenlink makes these features available, will be disabled if Customer’s account is suspended or terminated.
b. Enhanced 911 Service. Enhanced 911 ("E911"), or 911 service is a feature of the Phone or Business Hosted Voice Service. Prior to initiation of Phone or Business Hosted Voice Service, Customer must provide Suddenlink the valid street address where the Phone or Business Hosted Voice 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, OR IF A BUSINESS HOSTED VOICE CUSTOMER USES THE BUSINESS HOSTED VOICE SERVICE THROUGH THE APP OR CLIENT AWAY FROM THE REGISTERED ADDRESS, CUSTOMER’S PHONE OR BUSINESS HOSTED VOICE 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.
c. E911 Calls Placed Using the Business Hosted Voice Service. 911 calls placed using the Business Hosted Voice Service will take a longer time to route to the Public Safety Answering Point ("PSAP"). A 911 call placed using the Business Hosted Voice Service will first be routed to a third-party call center. A live operator will answer the call and then forward the call onto the appropriate PSAP based on the location Customerprovides verbally to the operator. If Customee is not able to provide Customer’s location, the operator will forward the call to the appropriate PSAP based on Customer’s registered physical location. The operator will then provide location and call back number information to the PSAP operator and then transfer the call to the PSAP operator. Routing 911 calls in this manner means that such calls will take longer to be connected to the PSAP than calls routed through traditional wireline, wireless or VoIP services.
d. E911 Calls Made Using the Business Hosted Voice App on a Cellular Device. 911 Calls made using the Business hosted Voice App on a cellular phone or another commercial mobile radio service ("CMRS") device will automatically be routed through the CMRS device’s native dialer via the CMRS provider’s network in accordance with the CMRS providers’ normal operations. Suddenlink disclaims any and all liability associated with non-coverage or failure of Customer’s mobile service provider to complete an E911 call.
e. Notification to All Users of the Business Hosted Voice Service. Customer is solely responsible for informing all its end users (including employees, visitors, and other third parties who may be present at the physical location where Business Hosted Voice Service is utilized) of the differences in and the limitations of E911 for the Business Hosted Voice Service, including but not limited to, that E911 access to a PSAP is limited as described in these terms and conditions regardless of the type of Device used. Suddenlink will supply stickers concerning the risk associated with E911 service (the "911 Sticker") after the initial installation of the Devices or utilization of the mobility features. Customer shall not remove or damage the 911 Sticker on each Device used with Business Hosted Voice Service.
f. Limitation of Liability and Indemnification for Business Hosted Voice E911 Services. E911 for Business Hosted Voice Service is offered solely as an aid in contacting an appropriate PSAP in connection with fire, police and other emergencies. Suddenlink is not responsible for any losses, claims, demands, suits or any liability whatsoever ("losses"), including without limitation (i) losses to or relating to Customer or a third party; (ii) losses for any personal injury or property damage or loss; or (iii) losses claimed to have been caused by (a) mistakes, omissions, interruptions, delays, errors or other defects in the provision of E911, or (b) installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of any equipment and facilities furnishing the Business Hosted Voice Service.
Suddenlink is also not responsible for any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of E911 service and the equipment associated therewith, or by any Services furnished by Suddenlink including, but not limited to, the identification of the telephone number, address or name associated with the phone used by the party or parties accessing E911 service, and which arise out of the negligence or other wrongful acts of Suddenlink, Customer, its users, agencies or municipalities, or the employees or agents of any of them.
Customer will indemnify, defend and hold Suddenlink harmless from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) by, or on behalf of, Customer or any third party relating to the absence, failure or outage of the Service, including access to E911, incorrectly routed E911 calls, and/or the inability of any user of the Service to be able to access E911 services or access emergency service personnel.
g. 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.
h. 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 or Business Hosted Voice 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, it will be Customer’s responsibility to contact a Suddenlink customer service representative who will provide a replacement battery and installation instructions.
i. 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 guaranty or offer emergency services compatible with any TDD/TTY or other hearing impaired devices.
j. Softphones, Off-Site Phones & WiFi Connectivity. Business Hosted Voice phones and customer provided softphones or off-site phones are capable of working over the public internet, including WiFi. However, for business critical applications, please be aware that Suddenlink discourages the use of these phones and softphones at any location aside from the location(s) where the Business Hosted Voice services are located. In no event shall Suddenlink be responsible for, nor does it warrant the performance or interoperability of the service in connection with any softphones, off-site phones or wireless connectivity. It is Customer’s sole responsibility to support and troubleshoot any related connectivity issues under this section.
i. Since Suddenlink cannot control or troubleshoot the public internet, softphones and/or off-site phones may experience any of the following: (a) static/garbled calls; (b) call clipping and echo; (c) dropped calls; (d) one way audio; (e) cannot receive inbound calls; (f) failure of phones to register; and/or (g) flashing keys.
ii. Other issues that could contribute to a poor experience at an offsite location, include but are not limited to: (a) condition of the LAN or wiring; (b) number of devices being used concurrently; (c) quality of internet connection; (d) available bandwidth or bandwidth contention; (e) other network devices/traffic; (f) firewall not configured for SIP traffic; (g) LAN routers and switches blocking phone access to the internet; and/or (h) internet provider blocking SIP traffic.
iii. If you move Customer’s phone, change Customer’s location, or use Customer’s soft phone at another location and you do not update Customer’s then-current address or location, 911 emergency calls may not be properly routed or supported.
k. Security Systems and other Non-voice Communications Equipment. Customer acknowledges that the Phone or Business Hosted Voice Service may not be compatible with certain third party security, medical monitoring and other non-voice communications systems. It is the Customer’s responsibility to test Customer’s 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.
l. 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 or Business Hosted Voice Service.
m. Applicable to Business Hosted Voice Customers. Customer acknowledges and agrees that (i) third parties may commit or attempt to commit unlawful, disruptive, violent, terrorist and/or warlike acts at times and places, and in manners, that cannot be predicted or prevented; (ii) information technology developments, configuration or implementation changes, software modifications (including routine maintenance, patches, enhancements and upgrades), human factors and other circumstances can create new, unknown and unpredictable security exposures; and (iii) information technology "hackers" and other third parties continue to develop and employ increasingly sophisticated and powerful techniques and tools which result in ever-growing security risks and potential for causing damage to persons and property. Suddenlink does not make any representation or warranty that Customer’s or any third party's information technology, software, information, equipment, facilities, or personnel are, or will be, secure, or safe from harm caused by the preceding and that Customer has a responsibility to actively monitor the functions of its systems and to back up its data regularly. Suddenlink does not provide or represent or warrant that the Business Hosted Voice Service or products Suddenlink provides will ensure Customer’s compliance with any particular law, including but not limited to any law relating to security or privacy. Customer is solely responsible for complying with legal obligations of all data protection legislation, in particular with the legality of transmission of data to Suddenlink and the legal requirements for processing of data.
2. Service Charges Related To Phone or Business Hosted Voice Service.
a. 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.
b. Unlimited voice service. Unlimited voice service, including unlimited long distance, are provided solely for live dialog between two individuals. Unlimited voice service may not be used for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If Suddenlink finds that you are using an unlimited voice service offering for other than live dialog between two individuals, Suddenlink may at its option terminate Customer’s service or change Customer’s plan to one with no unlimited usage components. Suddenlink will provide notice that it intends to take any of the above actions, and you may terminate the agreement.
c. 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 or Business Hosted Voice 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.
d. Regulatory Fees. Customer also agrees to pay any applicable fees or payment obligations in connection with the Phone or Business Hosted Voice Service that may be imposed by governmental or quasi-governmental bodies in connection with the sale, installation, use, or provision of the Phone or Business Hosted Voice 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.
e. Surcharges. A surcharge may be imposed on charges for Phone or Business Hosted Voice 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. Any applicable surcharge will be shown as a separate line item on the Customer's monthly invoice.
f. Charges Caused by Third Parties. Customer is responsible in all respects (including payment obligations) for all use of the Phone or Business Hosted Voice Service under Customer’s account, whether or not Customer actually authorized the use. Customer will be responsible for ensuring that all use of the Phone or Business Hosted Voice Service under Customer’s account fully complies with this Agreement.
g. 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.
h. 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.
i. 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 or Business Hosted Voice Service.
3. Use of Phone or Business Hosted Voice Service.
a. Unlawful Use. Customer will not use the Phone or Business Hosted Voice 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 or Business Hosted Voice 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 or Business Hosted Voice Service without notice if Suddenlink finds, in Suddenlink’s sole judgment, that Customer’s use is unauthorized or fraudulent.
b. Prohibited Uses. Phone or Business Hosted Voice Service is intended for the small business customer and may not be resold, used for illegal purpose, for completion of excessive auto-dialed or short duration calls with predictive dialers, or for any use that could harm or interfere with the ability of Suddenlink or others to use Suddenlink’s Network. Additionally, Phone or Business Hosted Voice Service may not be used for purposes including, but not limited to, telemarketing, call center services, medical transcription, facsimile broadcasting, resell purposes, or engineered calling to utilize Phone or Business Hosted Voice Service solely for outbound calling, including utilizing call forwarding or any other calling feature to achieve outbound calling or permitting others to call another person or company so frequently or at such times of the day or in such a manner as to harass, abuse or torment such other person(s) or company including the use of profane or obscene language. Suddenlink reserves the right to disconnect all Suddenlink services without notice for any prohibited transmissions or uses, including the use of the Phone or Business Hosted Voice Service by Customer that injuriously affects the efficiency of Suddenlink’s personnel (direct or subcontracted), plant or property and to terminate Phone or Business Hosted Voice Service in the event of violation of the foregoing use restrictions. Customer shall be responsible for all charges incurred as a result of fraud, including toll fraud, abuse or unauthorized use of Phone or Business Hosted Voice Service.
c. Interference/Hazardous Conditions. Suddenlink may shut down Customer’s Phone or Business Hosted Voice 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 shut down Customer’s Phone or Business Hosted Voice 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.
d. Call Recording. The Business Hosted Voice Service offers call recording capability. Recordings will be maintained on the Business Hosted Voice platform for up to 90 days and then deleted. Customer understands that recording a call without the consent of all participants in that call may be illegal in some States. Customer is solely responsible for ensuring compliance with all applicable laws with respect to use of the call recording feature. SUDDENLINK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATIONS OF ANY KIND REGARDING THE QUALITY OF ANY RECORDING MADE USING THE CALL RECORDING FEATURE AND SHALL HAVE NO LIABILITY IF THE RECORDING MADE USING THIS FEATURE FAILS OR IS OF POOR QUALITY.
e. Change in Level of Service. Customer’s making a change in level of Business Hosted Voice Service following the Initial Term set forth in their Service Order may be required to enter into a new term commitment.
4. Incompatible Equipment and Services. Customer acknowledges and understands that Phone or Business Hosted Voice Service may not support or be compatible with: (a) Non-recommended configurations including but not limited to MTAs not currently certified by Suddenlink as compatible with Phone or Business Hosted Voice Service; (b) Certain non-voice communications equipment, including certain makes or models of alarm and security systems, certain medical monitoring devices, certain fax machines, and certain "dial-up" modems; (c) Rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as private branch exchange (PBX) equipment, answering machines, and traditional Caller ID units. d) Casual/dial around (10-10) calling; 976, 900, 700, or 500 number calling; (e) 311, 511, or other x11 calling (other than 411, 611, 711, and 911); and (f) Other call types not expressly set forth in Suddenlink’s product literature (e.g., outbound shore-to-ship calling).
5. Phone Numbers/Portability.
a. Switching to Suddenlink from Another Provider. If Customer is switching to Phone or Business Hosted Voice Service from another service provider, Customer may transfer Customer’s existing phone number (if any) to the Phone or Business Hosted Voice Service, provided that the following conditions apply:
i. Customer requests the phone number transfer when Customer places Customer’s order for the Phone or Business Hosted Voice Service.
ii. Customer provides complete and accurate information, including Customer’s address, existing phone number and name of Customer’s current service provider.
iii. Customer’s current service provider releases Customer’s existing phone number, without delay and without imposing non-industry-standard charges on Suddenlink.
iv. Transfer of Customer’s existing phone number to the Phone or Business Hosted Voice Service would not, in Suddenlink’s sole discretion, violate applicable law or Suddenlink’s processes and procedures.
b. Customer acknowledges and agrees that if Customer’s EMTA is self-installed (where Suddenlink makes that option available) 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 or Business Hosted Voice 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 or Business Hosted Voice 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.
Effective September 21, 2019