Terms and Conditions

TERMS AND CONDITIONS FOR SERVICES AND/OR EQUIPMENT PROVIDED BY KINETIC

Please note If you have a written contract with Kinetic, then those contract terms and conditions will control.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT IS ESPECIALLY IMPORTANT FOR YOU TO READ SECTION 10 (DISPUTE RESOLUTION) CAREFULLY, AS SECTION 10 PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM FEDERAL OR STATE AGENCIES.

1. Definitions.

“You” or “Customer” means the person or entity that subscribes to Services or purchases or leases Equipment and anyone who accesses the Services and Equipment provided to you, except as specifically provided in Section 10 (Dispute Resolution) herein.

“We,” “us,” “our,” “Company,” “Windstream”, “Kinetic” refer to the Windstream legal entities providing Services to you and as identified on your bill.

“Service(s)” refer to any services you have agreed to obtain from us.

“Equipment” means any equipment or accessories you purchase or lease from us or those provided by us for use in any manner in connection with your Services. For ease of reference, Services and Equipment provided by Windstream shall be referred to in this document collectively as “Services.”

“Promotional Terms” mean terms that apply to special offers from time to time. Promotional terms will be specified in your first bill message. Promotional terms may include a term commitment and an early termination fee in the event the Service is not installed or maintained, or in the event you disconnect Service prior to the end of the term.

“Service Order” means the form (whether paper or electronic, including online order forms), if any, in which you apply for or make changes to Services and may include the length of time you will subscribe to a Service, rate plans, access charges, fees, taxes and surcharges, choice of long distance carrier, and the Equipment you have selected.

2. Agreement and Acceptance.

This Agreement incorporates by reference, and you agree to be bound by the following, in this order of priority AND INCLUDING ANY CHANGES (SEE SECTION 22 BELOW): 1) any applicable tariffs filed with the Federal Communications Commission (“FCC”) or the relevant state public service commission; 2) the FCC or state web-posted price lists or terms and conditions (either, “price lists”) posted at https://www.windstream.com/tariffs; 3) the product- or bundle-specific Terms and Conditions, including any Promotional Terms (see Sections 26 and 27 herein and Your Bill Messages) and any additional agreements associated with such products; 4) the Service Order, if any; 5) any relevant click-through agreement for the Services you received; 6) these Terms and Conditions (“Terms”), as they may change over time; 7) the Acceptable Use Policy posted at https://www.windstream.com/about/legal/Acceptable-Use-Policy; and 8) the Privacy Policy posted at https://www.windstream.com/about/legal/Privacy-Policy.

You accept this Agreement when you do any of the following: (a) give us your written or electronic signature; (b) tell us orally or electronically that you accept (i.e., by clicking the “I Accept” button for online purchases or account changes); or (c) use any Services. If you have never used the Services before, and do not wish to be bound by this Agreement, then do not begin using them, and notify us immediately. By accepting this Agreement, you acknowledge that you are 18 years of age or older, are competent to enter into a contract with us, and are authorized to obtain Services or make changes to an existing account. You may obtain a copy of these Terms and any product-specific Terms and Conditions by visiting  https://www.windstream.com, or calling a service representative at 877-807-9463. This Agreement supersedes any and all statements or promises made to you by any of our employees or agents. If you have a written contract with Windstream, then those contract terms and conditions will control.

3. Charges for Services and Taxes, Fees, and Surcharges.

You are responsible for paying all charges applicable to Services provided to you including, but not limited to, monthly recurring charges (“MRCs”), access charges, features, changes and moves to Services, Service repair visits and no-show charges, installation charges, IP-address charges, billing charges, credit-card surcharges, toll, long distance, and directory assistance, equipment fees, and any other usage-based charges at our current rates when used. In addition to the monthly recurring and usage-based charges, other charges (such as taxes, fees, surcharges, and assessments) apply to all Services and Equipment, including how those may change in the future. In certain service areas, paper bills are available for a monthly charge.

To determine whether certain taxes, fees, and surcharges are applicable to Services provided to you, we are required by federal law to obtain your street address, which must be within our service area. You represent and warrant that the address you provide us to obtain Service is correct, and you acknowledge that we are relying on this information to determine which taxes, fees, or surcharges are applicable to your Service. You agree to notify us if your address changes. In the event you do not provide us with a valid address or address change, you may be responsible for additional taxes, fees, surcharges, and penalties associated with failure to pay taxes based on the proper address, and we may terminate your Services.

As a convenience to you, Company may include charges for third-party services on your monthly bill. You should always review your bill carefully, and contact the Company if you are unsure about a charge on your bill. Company also offers the ability to block third-party charges from your monthly bill. This Service is optional and free of charge. If you are interested in adding a third-party block to your account, then call a Company representative at the number found at the top-right-hand corner of your statement to determine if your account is eligible. The block does not apply to Services provided by Windstream or its affiliates to which you subscribe.

4. Billing and Payment; Rate Increases.

We will bill you the recurring and installation rates you were quoted for Services or those associated with the Services you currently use or previously ordered, with increases on notice. All recurring charges are billed one month in advance. Billing at a location will begin upon the earlier of either (i) the Installation Date (which may be the date administrative access to certain software-based Services are granted to Customer), or (ii) 30 days after delivery of the applicable facility and/or equipment to Customer’s premises (if the delay in connection of the facility and/or equipment is due to Customer or its agent). Company may choose to bill in full monthly increments with no proration for partial service periods when Service either starts or ends in the middle of a billing cycle.

We reserve the right to back-bill you for Services actually used, but not previously billed.

Additionally, you may be enrolled in paperless billing when you subscribe to Windstream Services.  If you have paperless billing, each month we will send an email to your official email address on file with the Company when your invoice is available.  You may review your monthly bill and make a payment, or switch back to a paper bill by changing your billing preference, in the Go Kinetic portal (my.gokinetic.com).  You may also call us at 800-347-1991 to change your billing preference.  Please note that a monthly fee may apply if you choose to receive a paper bill. 

Payment in full is due no later than the due date indicated on your bill and we may apply a late fee, interest, and other charges (including, but not limited to, collection fees) up to the maximum amount permitted by law. Returned checks, payment by phone, paper bills, and other fees due to your choice of payment method or billing receipt may also be subject to fees. You agree to pay costs and fees, including, but not limited to, attorney fees we incur to collect an unpaid balance from you.

Company may require you to authorize payment for Services by credit card or by debiting a bank account, and no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason.

5. Credits, Deposits, and Advanced Payments.

Our agreement to provide you Services is subject to credit approval, and, as such, you authorize us to ask credit-reporting agencies for credit information about you. We may require you to submit an initial deposit and/or an advanced payment as security for payment of charges. In the future, an additional deposit or advanced payment may be required if either the amount/number of Services is increased, you are late on payment or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of Service (if no balance is due). We reserve the right to apply the deposit to any amount due and unpaid, and the payment of a deposit in no way relieves you of paying your bills in a timely manner. Regarding advanced payments, any advanced payment will appear as a credit to your first-month's bill. If you cancel Services before installation, or we cannot install your Services for some reason, then we may refund the advanced payment. We will not refund any advanced payment made after installation of Services.

6. Termination by You.

Pre-Installation. If you are a business customer, and you terminate your order prior to the installation of Services, then you will be required to pay a pre-installation cancellation charge equal to the greater of (i) three (3) months of MRCs; or (ii) our costs to other providers. You agree that this charge is a reasonable measure of the administrative costs and other fees, incurred by us, to prepare for installation.

After Installation. If you cancel your Services or a portion thereof after installation, then you remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased from us prior to termination. If you terminate Services prior to the last day of your billing cycle, then you will be charged for the full last month of Service with no proration or credit.

Fixed-Term Agreements. When you purchased your Service(s), you may have been required to commit to a term or a minimum purchase. Either you or we may elect not to renew your service by providing notice to the other no later than thirty (30) days prior to expiration of the fixed term. If neither you nor we deliver a timely notice not to renew, THEN the Services will renew on a month-to-month basis. IF YOU TERMINATE SERVICES AFTER INSTALLATION OR DURING THE INITIAL OR RENEWAL TERM FOR ANY REASON OTHER THAN FOR CAUSE, OR WE TERMINATE FOR CAUSE PURSUANT TO SECTION 7 BELOW, THEN YOU WILL BE REQUIRED TO PAY TO US AS LIQUIDATED DAMAGES AN AMOUNT EQUAL TO 100% OF THE MONTHLY RECURRING CHARGES (“MRCS”) MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN CURRENT TERM. IF YOU TERMINATE OR DISCONNECT LESS THAN THE ENTIRETY OF YOUR SERVICES SUCH THAT YOUR ACTUAL USAGE AT A LOCATION FALLS BELOW ANY MINIMUM MONTHLY CHARGE (“MMC”) OR MINIMUM MONTHLY FEE (“MMF”) FOR THAT LOCATION, THEN YOU AGREE TO PAY AN AMOUNT EQUAL TO THE MMC OR MMF FOR EVERY MONTH REMAINING IN THE THEN CURRENT TERM (“LIQUIDATED DAMAGES”).

You agree that in the event of termination by you, the actual damage to Windstream is difficult to ascertain, and that the early termination fee represents liquidated damages, not a penalty, and is a reasonable estimate of the actual reduction in the value of this Agreement that we will sustain.

Month-to-Month Agreements. If no length of time is identified on the Service Order or you were not otherwise required to commit to a term, then the term is month-to-month, and you or we may terminate at any time by providing notice at least thirty (30) days prior to the effective date of termination. You remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased from us prior to termination. If you terminate Service prior to the last day of your billing cycle, then you will be charged for the full last month of Service with no proration or credit.

Bundled Services. Some plans may offer a discount, if you sign up for bundled Services, and may require a term commitment. If you sign up for bundled Services, then you agree to maintain the bundled Services for the applicable term. If you receive bundled Services, and you subsequently unbundle, terminate, or disconnect any of these Services, or we disconnect any of the Services, then we may adjust the rates for the remaining Service(s) to the then current price.

Change in Location. A change in your service address or location to which any Service is provided to you may constitute, at our sole discretion, termination of the Services or result in an increase in the prices you must pay for the Services.

Change to Another Carrier. We may deem a request by you to port your numbers as a request by you to terminate your Agreement. If you choose to port less than all of your numbers, or you leave any Services connected, then we will continue to bill you for the numbers and/or Services still connected.

7. Termination by Us.

Provisioning of the Service is subject to the availability of the requisite equipment and facilities. We may limit, interrupt, suspend, terminate, or refuse to provide a Service if: (a) you do not honor any provision of this Agreement; (b) you use a Service in an adverse manner that affects Windstream’s network or other customers, you have used a Service fraudulently or unlawfully or are suspected of doing so, or there occurs an event for which Windstream reasonably believes that the suspension or termination of Services is necessary to protect Windstream, its employees or Windstream’s other customers from an imminent and significant operational, physical, financial or security risk, in which case Windstream will provide advance notice if practicable; (c) you modify your phone, or any software residing thereon, from the original manufacturer specifications, including for the purpose of accessing non-Windstream services; (d) you use a Service in a manner that is excessive or unreasonable when compared to the predominant usage patterns of other customers, on a similar service plan, in your geographic area (and we may, also, implement charges or change you to the appropriate rate plan consistent with such use); (e) resell any Service; (f) for any other reason set forth in the relevant tariffs and price lists or terms and conditions; (g) you do not pay any amount due to us or billed by us on behalf of others, including disputed amounts that Windstream determines are valid charges on your bills and any deposits or advanced payments that Windstream may require; (h) facilities or property associated with providing the Services have been condemned, or use has been prohibited by the government in any manner; (i) you fail to acquire and maintain the right-of-way or property access necessary for installation or maintenance of Services; (j) you are insolvent, have made an assignment for the benefit of credits, or you have filed or had filed against you a petition for bankruptcy; or (k) we determine in our sole discretion that facilities are not technically or economically feasible, including if copper or fiber facilities are no longer available to Windstream at reasonable rates or are not available for any reason, including, but not limited to, regulatory changes or retirement of copper plant pursuant to FCC rules; or (l) you make nuisance calls, impersonate another person, use obscene or profane language or are verbally or physically abusive or harassing when interacting with Windstream representatives, Windstream may in its sole discretion but, is not required to provide advanced notice or warning; or (m) you fail to comply with any law, or regulation, including but not limited to any applicable regulations and do not cure such failure of compliance within ten (10) days of receiving notice from Windstream. We may restore such interrupted or terminated Service, in our sole discretion, following your correction of the violation and payment of any amounts due (including any restoration charge we assess for restoring your Service). Windstream reserves the right to delete your windstream.net email account, without notice, if unused for one hundred and eighty (180) consecutive days. The contents of the email account will be unrecoverable once the account has been deleted.

8. Personal Identifiers.

We assign telephone numbers, e-mail addresses, IP addresses, and other personal identifiers in connection with the Services. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. In the event that we allow you to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer, and to collect any money owed for the Services.

9. Disputed Bills.

You must review bills in a timely manner. To dispute a bill, you must comply with the dispute resolution provisions in Section 10, and submit your dispute, in writing, within 60 days after the date on the bill. You must pay any undisputed portion while your dispute is investigated. You accept all charges on your bill not disputed within 60 days and must pay those charges.

10. Dispute Resolution.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

By utilizing Windstream’s Services and agreeing to these Terms, you agree to the following dispute resolution procedures. You and Windstream agree to waive any right to a trial by jury in a court of general jurisdiction and any right to participate in a class or mass action or consolidated action regarding a dispute as defined below. Specifically, you and Windstream agree to waive any right to pursue a dispute by joining a disputed claim with the disputed claim of any other person or entity or to assert a disputed claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding.

If you have a dispute with Windstream, you should notify Windstream’s Customer Care department at the number listed on your invoice. If the Customer Care department is unable to resolve your dispute, you must submit your dispute to us in writing at the following address: Windstream Communications, LLC, 1720 Galleria Boulevard, Charlotte, NC 28270, Attn: Executive Customer Relations. You must describe your dispute and provide enough detail to allow us to understand it and provide any supporting documentation with your written dispute.

Visit https://www.windstream.com/about/legal/Legal-Notices for a form that you may, but are not required to, use to submit your written dispute to us. If we have a dispute with you, we will send you a written notice to your billing address to attempt to resolve the dispute. You and Windstream agree that a dispute is any claim or controversy related in any way to Windstream’s Services, including charges for Services, Equipment, Service Order(s), or our agreements pursuant to these Terms or any other agreements, whether the dispute: arises in tort, contract, by statute, or any other legal theory; arises under this or any prior agreement with us; or arises after your Services with Windstream are terminated.

For purposes of this Dispute Resolution section, references to "Windstream", "we", and "us" include our subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

If you and Windstream are unable to resolve the dispute after 60 days from the date of receipt of the written dispute, you agree that either you or Windstream shall resolve the dispute in only one of two possible ways: (1) by seeking relief in a small claims or equivalent court, if appropriate under the applicable court’s rules, in the city or county of the billing address reflected on your bill, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction; if the small claims or equivalent court does not allow for declaratory relief then the action could be brought in a court which does have such relief or (2) by arbitration. Further, should the amount in controversy exceed the limits of small claims in the jurisdiction in which the dispute arises, Windstream may seek relief in a court of proper jurisdiction for collection purposes. This Section does not prohibit you from submitting any issue you have with Windstream to any federal, state, or local governmental agency or public service commission which may be able to seek relief from Windstream on your behalf. If the dispute is regarding the charges for Services, you agree that if you do not seek relief in small claims or equivalent court or by arbitration following the 60-day dispute period, then you will immediately begin paying the disputed amount that Windstream determines is valid, plus any charges that were not paid during the 60-day dispute period, or Windstream may terminate the Services.

Arbitration You and Windstream specifically agree to finally resolve all disputes not filed in small claims court by arbitration that will be final and binding on both you and Windstream, subject to any exceptions required by applicable law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

The following provisions apply to arbitration:

1. If you intend to seek arbitration after expiration of the 60-day dispute period noted above, you must first file a claim with JAMS. Visit https://www.windstream.com/about/legal/Legal-Notices for a form that you may, but are not required to, use. The claim must include: (a) your account number; (b) the services (if any) to which your claim pertains; (c) a description of the nature and basis of the claim or dispute; (d) a brief outline of previous efforts to resolve the dispute; (e) an explanation of the specific relief sought and the basis for the calculations; (f) all supporting documentation; and (g) if you have retained an attorney, your signed statement authorizing Windstream to disclose your confidential account records to your attorney, if necessary in resolving your claim. The claim must be signed and a copy of the claim and proof of payment of the filing fee, such as a copy of the check or money order, should be sent to Windstream at: 4001 Rodney Parham Rd., Little Rock, AR 72212, Mailstop B1F03-53A, Attn: Legal Department. Unless the customer specifically requests otherwise, the Executive Customer Relations group may still contact customer even if represented by counsel.
2. During the arbitration, the amount of any settlement offer made by Windstream or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Windstream is entitled.
3. After Windstream receives Notice that you have commenced arbitration, it will reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. The arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules"), as modified by this Agreement, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.org, by calling JAMS at 1-800-352-5267(JAMS). The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except tissues relating to the scope and enforceability of the arbitration provision, whether a dispute can or must be brought in arbitration, which is for the court to decide. Unless Windstream and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
4. For any non-frivolous claim that does not exceed $75,000, Windstream will pay all JAMS filing, administration and arbitrator fees (“JAMS’ fees”) for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules. In such case, you agree to reimburse Windstream for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the JAMS rules. If Windstream initiates the arbitration, it will pay JAMS’ fees regardless of the amount of its claim. You will be entitled to attorneys’ fees from Windstream to at least the extent as you would be in court.
5. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Windstream’s last written settlement offer made before an arbitrator was selected, then Windstream shall pay the greater of the award or $5,000 ("the Alternative Payment"), whichever is greater. If Windstream did not make a written offer to settle the dispute, you will be entitled to receive this Alternative Payment if the arbitrator awards you any relief on the merits. If you are still a current customer of Windstream when the arbitrator’s award is issued, then Windstream, in its sole discretion, can pay the Alternative Payment by issuing a credit for services on the Customer’s account. In calculating whether an award that includes attorneys’ fees and expenses is greater than the value of Windstream’s last settlement offer, the calculation shall include only the portion of the award representing attorneys’ fees and expenses that were reasonably incurred pursuing the arbitration through the date of Windstream’s settlement offer.
6. If you are entitled to the alternative payment, then Windstream will also pay your attorney, if any, the amount of attorneys' fees, and reimburse any reasonable expenses, that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the Attorney Premium"). If you are not entitled to this Attorney Premium, Windstream will reimburse for reasonable attorneys’ fees and reasonable expenses if it is required to do so under applicable law. However, you may not receive both the Attorney Premium and an award of attorneys’ fees under a statute.
7. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the Attorney Premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. However, you may not recover duplicative awards of attorneys' fees or costs.
8. If the arbitrator not only rules against you but also rules that either the substance of your claim or the relief you requested in your Demand was either frivolous or brought for an improper purpose (as measured by the standards of the Federal Rules of Civil Procedure 11(b)), then responsibility for the costs of arbitration will be set by the JAMS rules. Your share of the costs is currently limited to $250, though JAMS may change that amount. If the arbitrator makes this determination, you may be required to reimburse Windstream for paying your share of the arbitration costs.
9. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WINDSTREAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER OR MASS ACTION MEMBER IN ANY PURPORTED CLASS, MASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Windstream agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, or private attorney general claims. The parties expressly waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a Mass Action. Neither an arbitrator nor an arbitration provider shall have authority to hear, arbitrate, or administer any Mass Action. A “Mass Action” includes, but is not limited to, instances in which you or Windstream are represented by counsel, a law firm, or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Windstream’s behalf. Any claim that all or part of this Class or Mass Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
10. Confidentiality: Any arbitration shall remain confidential. During the arbitration, the amount of any settlement offer made by Windstream or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Windstream is entitled. Neither you nor Windstream may disclose the existence, content, or result of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
11. Notice to California Customers: California Customers may seek public injunctive relief through arbitration if, and only to the extent, provided by California law (if deemed applicable) and, in the event the provisions of this Section 10 are found to be unenforceable despite the foregoing exception, such California Customers may seek public injunctive relief through the courts only after the individual claims are fully resolved in arbitration. The preceding sentence shall not apply to Customers in any other state.
12. Exceptions: Nothing in this Section shall prevent Windstream from issuing notices, including: takedown notices for alleged trademark or copyright infringement pursuant to the Digital Millennium Copyright Act; or termination of Service pursuant to Windstream’s Acceptable Use Policy for your abuse of your Internet access Services. Nothing in this Section 10 shall prohibit Windstream from filing a lawsuit in a court of general jurisdiction to collect outstanding balances for unpaid Services or Equipment, any other type of charge owed on your account, or for the theft of any Services or Equipment by you. This Section 10 is intended to resolve outstanding disputes between us, and not to collect a debt owed by you to Windstream.
13. Limitation of Liability: This Section 10 is subject to the Limitation of Liability Section in these Terms and Conditions.
14. Limitations Period: Any written dispute must be brought by you or Windstream within two (2) years after the date the basis for the claim or dispute first arises.

11. Company Provided and Owned Equipment.

Any Equipment installed by us, on your premises, that is not the subject of a sale or lease to you (such as the CSU/DSU interface cards, Channel Bank, and router, if applicable) shall remain at all times our property. It shall remain in good condition, less normal wear and tear. If we do not have access to your premises within 30 days after Services are terminated, then you shall reimburse us for the full purchase price of the equipment, as well as any attorney’s fees and costs. You are responsible for all security measures over the Services, including, but not limited to, access to authorization codes or encryption you deem necessary or required. Once the Equipment is delivered to you, you bear the risk of loss.

12. Disconnection of Current Provider; Special Construction; Third-Party Charges.

You are solely responsible for disconnecting Services with your current service provider, and we are not responsible for any charges assessed against you by such provider. You shall pay all charges if we or a third-party provider is required to extend the demarcation point, undertake special construction, or non-routine installation for you. Unless we specifically agree—in writing—to undertake equipment installation and maintenance work, you are responsible for all charges assessed by your phone-system vendor and other third-parties in connection with the Services, and we shall have no responsibility for maintenance or repair of same.

13. Access to Third-Party Services.

You agree that the telephone line, on which your Services are activated, may not be used to access any third-party services equivalent to Services we provide or can make available, even if you declined to purchase such Services from us. Your telephone line contains programming designed to enable access to our Services only. You may not use any manual or electronic means to circumvent any restrictions placed on your telephone line to modify, without authorization, any programming supplied by us.

14. Access and Installation; Repair and Maintenance.

You agree that you are responsible for acquiring and maintaining the right-of-way necessary to allow installation and maintenance of Services. Failure to acquire and maintain necessary right-of-way may result in delay of installation or termination of Services by Windstream. Upon notice, we may make tests and inspections to determine you are complying with the requirements of these terms, or for routine and emergency maintenance of the equipment and facilities. We may take action to protect our facilities and equipment. We may substitute, change, or rearrange any Equipment or facility at any time. We may limit or allocate use of existing facilities, when necessary, due to a lack of facilities or a cause beyond our reasonable control.

15. Privacy and Customer Proprietary Network Information.

You authorize us to monitor and record communications, from you to us, regarding your account or the Services, for purposes of quality assurance. For online orders, we may implement reasonable procedures, including, but not limited to, validating information provided by you or restricting the amount of Services purchases online. We reserve the right to cancel or reject online orders at any time for security or privacy reasons.

To provide Services to you, we maintain certain customer proprietary network information (“CPNI”). CPNI includes information that relates to the quantity, technical configuration, type, destination, location, and amount of use of any telecommunications Service we provide to you, and which we obtain because of the carrier-customer relationship between us. CPNI also includes information contained in your bill. We may use and share your CPNI without your permission for the following purposes:

• To protect our rights or property, or those of other customers or carriers, from fraudulent, abusive, or unlawful use of or subscription to the Services you get from us;
• To initiate, render, bill, and collect for your Services;
• To provide information telemarketing, referral, or administrative services to you, when you call us, if you give us permission to do so;
• To provide call location information regarding the user of a wireless mobile Service to certain other parties in an emergency situation;
• To provide information requested by law enforcement or a third-party pursuant to a subpoena or other method of requesting information. We will not give you notice of any subpoena or court or administrative orders related to your account, IP address, contact information, or use of Services unless required to do so by law.

If you do not want us to provide your information to other Windstream entities, please notify us by calling Residential Support at 800-347-1991 or Business Support at 800-843-9214.

When you view your account information or shop for Services online, you agree that we may display your CPNI online, after proper verification by you, to fill orders or allow you to make account changes.

16. Theft and Fraud.

You agree to keep all passwords, Member ID’s, IP addresses, and computer names confidential. If your Services are lost, stolen, or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. If we choose to pursue investigation or prosecution of the loss or theft, you agree to cooperate in the investigation of fraud or theft, and to provide us with such information and documentation as we may request (including affidavits and police reports).

17. Limitation of Liability.

FOR PURPOSES OF THIS SECTION AND THE DISCLAIMER OF WARRANTIES AND EMERGENCY/CRITICAL LINES SECTIONS, “OUR” OR “WE” INCLUDES WINDSTREAM’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS, AND ANY ENTITY ON WHOSE BEHALF THE COMPANY RESELLS SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR: ANY ACCIDENT OR INJURY CAUSED BY SERVICES; ANY DAMAGE OR LOSS RESULTING FROM THE INSTALLATION, MAINTENANCE, OR REMOVAL OF THE SERVICES; ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS DATA); ANY PUNITIVE OR EXEMPLARY DAMAGES; THE COST OF ALTERNATIVE SERVICE; OR FOR ANY SERVICE INTERRUPTIONS, DELAY, OR FAILURE TO PERFORM UNDER THIS AGREEMENT DUE TO CAUSES BEYOND OUR REASONABLE CONTROL. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TO, STRIKES, LOCKOUTS, OTHER LABOR UNREST, NATURAL DISASTERS, ACTS OF GOD, CABLE CUTS, OR COMMON CARRIER DELAYS. YOU AGREE THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF BOTH YOU AND US TO LIMIT OUR LIABILITY AS PROVIDED HEREIN.

18. Data Services.

YOU ACKNOWLEDGE THAT THE INTERNET IS A VOLATILE ENVIRONMENT AND WE ARE NOT LIABLE FOR CONFIDENTIAL INFORMATION STORED ON OR TRAVERSING OUR NETWORK. YOU MUST TAKE ALL APPROPRIATE PRECAUTIONS TO SECURE CONFIDENTIAL INFORMATION, INCLUDING ENCRYPTING, IF YOU DEEM NECESSARY.

19. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF TITLE OR NON-INFRINGEMENT; IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE; ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS; OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY, OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON, PASSING THROUGH, OR OVER THE NETWORK. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, NETWORK SECURITY OR RELIABILITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY COMPANY’S EMPLOYEES, AGENTS, OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION. WINDSTREAM DOES NOT GUARANTEE YOUR SERVICE CAN OR WILL BE INSTALLED BY A PARTICULAR DATE. ANY INSTALLATION DATE PROVIDED IS ONLY AN ESTIMATE.

20. Indemnification.

You agree to indemnify and hold Windstream and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners, and employees harmless from any claim or demand, including those for reasonable attorneys' fees or those made by any third-party due to or arising out of: content you submit; post; transmit; or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, including, without limitation, the Acceptable Use Policy, or your violation of any rights of another.

You acknowledge that you are responsible for all use of the Service, by your account (including use by subaccounts), and that this Agreement (including, without limitation, the Acceptable Use Policy and Privacy Policies, as amended from time to time) applies to any and all usage of your account. You agree to abide by these terms, and you agree to defend, hold harmless, and indemnify Windstream from and against any and all claims stemming from usage of this account and any subaccounts, whether or not such usage is expressly authorized by you.

21. Emergency/Critical Lines.

CUSTOMER ACKNOWLEDGES THAT CERTAIN SERVICES MAY NOT PROVIDE ACCESS TO 911, OR TRANSMIT THE LOCATION OR EXTENSION, IF CUSTOMER ATTEMPTS TO ACCESS 911 IN AN EMERGENCY. If your voice Services are provided via an internet connection (e.g. voice over Internet protocol (VoIP), Centrex, and private branch exchange), the Services are different from traditional voice services and require both electrical power and broadband function. The Services will not function if power is lost, if there is a disruption to the broadband connection, if the network is congested, or if your account has been suspended. You expressly acknowledge that in such instances You or anyone using Your Services will not be able to place or receive calls including calls to emergency 911 services and that communications between a home security system and home security monitoring service will not function. Windstream strongly recommends you maintain an alternative means of accessing 911 Services and that you purchase a battery backup for use with your Services during power outages, more information can be found on windstream.com.

22. Changes to these Terms and Conditions.

We may change these Terms, including any change in any charge or fee, and the imposition of a new charge or fee, at any time, if we give you notice of the change. If we make a change to these Terms and Conditions that is material, and you do not wish to accept such material change, then you may terminate the affected Service by giving us 30-days’ notice, in which case you will not be subject to an early cancellation fee. You will, however, still be responsible for all charges for Services provided before you terminated your Agreement. A material change is ONLY a change that (a) terminates or substantially reduces the availability of a Service for you or (b) results in the increase of any charge by more than 10% of the monthly access charge for that Service. Material changes in your Service DO NOT include the increase in or imposition of (1) any charge required to be collected by any governmental authority (such as taxes or surcharges) or (2) any charge not prohibited by any governmental authority to recoup our expense incurred to comply with a governmental requirement.

23. Applicable Law.

Your Agreement and our provision of Services to you are subject to (a) the laws of the state identified in the billing address that you have provided us and (b) any applicable federal laws, including, but not limited to, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In the event of an inconsistency between any governmental requirement and these Terms regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.

24. Assignment.

We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.

25. No Waiver; Severability.

If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.

26. Product Bundles - Specific Terms and Conditions (alphabetically).

Product Descriptions, generally, can be found at https://www.windstream.com. Some Services have certain system requirements (i.e., Online Backup, Security Suite, and TechHelp). Please see the relevant product description for details.

• Broadband Protection Plus.
• Centrex.
• DIRECTV.
• DIRECTV STREAM. 
• Enhanced, Premium and Ultra Premium Internet. 
• Fax to Email.
• High-Speed Internet.
• Identity Protection.
• Internet Access. 
• Internet Security & Security on-the-go:  To be eligible for this service, a customer must be an active Kinetic by Windstream residential High-Speed Internet customer and subscribe to select Kinetic Secure plans. Kinetic by Windstream partners with F-Secure to provide this service and the customer may be required to accept additional terms and conditions from F-Secure. Requires installation, registration and access to the Go Kinetic mobile app and installation, registration and access to the Internet Security on-the-Go app. Windstream reserves the right to alter the services in any way, including but not limited to changing the third-party vendor, or discontinuing the services at any time.
• Kinetic Secure Home: By accessing services through Kinetic Secure Home (powered by our partner Scout Security, Inc. (“Scout”)) or using any equipment provided with the services by Scout you are agreeing to be bound by the following terms:
• Kinetic Secure Home Kits: Must subscribe to select Windstream Internet plans to use products. Additional restrictions and fees may apply. Kinetic Secure Home is subject to Windstream’s terms and conditions available at https://www.windstream.com/about/legal/Terms-and-Conditions.
• Kinetic Secure Packs:
• Managed Network Security CPE.
• Modem Rental Program.
• Personal Computer Offers.
• Phones at Home Protection Plan.
• Premium Technical Support (formerly known as Tech Help and Whole-Home Agent). 
• Professional Installation (Residential). 
• Secure Broadband.
• Unlimited Long Distance (Residential). 
• Voice Over Internet Protocol (VoIP)-Based Services. 
• Web Hosting. 
• Wi-Fi Service.

27. Legacy Products - Specific Terms and Conditions (alphabetically).

Products which may still have active customers, but that are no longer offered to new or existing customers.

• DISH Network Services.
• Domain Renewals. 
• Lifetime Price Guarantee.  Certain Services are subject to a Lifetime Price Guarantee (“Guarantee”), as advertised by us; however, in addition to the Agreement set forth herein, the following conditions apply to this Guarantee:
• Price Lock.
• Protection Plus.
• Security Suite.
• Windstream Shield Connect.