Home > Service Agreement
Effective: October 26, 2024 or on earlier date of Customer's acceptance.
Telepak Networks, Inc., a Mississippi corporation offering services under the C Spire™ brand (“Company”) provides home services to Customer in accordance with the terms and conditions set forth in this Service Agreement and applicable law. This Service Agreement incorporates, as if fully set forth herein, Company’s Privacy Policy posted at https://www.cspire.com/web/legal/privacy-policy, Company’s Terms of Use posted at https://www.cspire.com/web/legal/terms-of-use, and other documents referenced and incorporated as if set forth fully herein below (collectively, “Service Agreement”).
Please carefully read this Service Agreement because it contains important information regarding Customer’s rights and obligations, as well as Company’s. If Customer does not agree to the terms and conditions of this Service Agreement, do not activate or begin using Company’s home services.
Pursuant to this Service Agreement (“Agreement”) and its Appendices, as applicable, entered into by and between Company, and, as applicable, the customer identified on Customer’s Order Confirmation, the individual or entity who is bound to the terms and conditions of this Service Agreement, or any authorized or unauthorized users or beneficiaries of the services or the equipment (as defined herein) (each a “Customer”), Company agrees to provide and Customer agrees to purchase the services (the “Service” or “Services”) and equipment (the “Equipment”) described on Customer’s order (“Order”) confirmation at the prices stated therein, on the terms and conditions stated therein and below and as provided in all Applicable Tariffs. Customer accepts and agrees to be bound by this Agreement by doing any of the following: (a) by agreeing in writing, by email, online, or in person; or (b) by activating, using, or paying for Services or the Equipment. When Customer accepts this Agreement, Customer is representing that Customer is at least the age of majority in the state where Customer resides and legally able to enter into a binding contract. If Customer is accepting for an entity, Customer is representing that Customer is authorized to bind that entity. Customer agrees that Customer is responsible for access to or use of the Services and Equipment, and payment of all charges incurred on Customer’s Account by any user of the Services. By accepting, Customer agrees to each and every term and condition contained in this Agreement. This Agreement will end when Customer or Company terminates it as described herein below. Customer agrees and acknowledges that Company may refuse to accept this Agreement or provide Services to Customer if Company believes Customer is unable to perform, in whole or in part, its obligations hereunder.
1. NOTICE OF ARBITRATION AGREEMENT.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT REQUIRES CUSTOMER TO RESOLVE DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN BY WAY OF A JURY TRIAL OR A CLASS ACTION.
CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER HAS READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, PARTICULARLY THOSE PARAGRAPHS RELATING TO CUSTOMER’S INDEMNIFICATION OF COMPANY AND ITS AFFILIATES AND ITS AND THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, AND PROVIDERS, AND THE ARBITRATION, CLASS ACTION WAIVER, AND LIMITATION OF LIABILITY PROVISIONS IN THIS AGREEMENT.
2. TERM OF SERVICE AND ACCEPTANCE. The Services shall commence on the Service commencement date, which shall be the later of any estimated Service commencement date or the day immediately following the date on which Company notifies Customer that the Services are ready for use, and shall continue on a month-to-month basis, unless a different term is otherwise specified by the relevant Order, until canceled by either party by giving thirty (30) days’ prior written notice of cancellation. The parties acknowledge and agree that any estimated Service commencement date is an estimate and that Company shall not be liable to Customer in any way for failure to commence the Services by such date.
3. CUSTOMER’S COMPANY ACCOUNT. Customer may be required to provide specific information and to create a user ID and password to establish the account that Customer opens to purchase Services and Equipment from Company (“Account”). Customer is responsible for the security of all of Customer’s user IDs, passwords, and registration information. In addition, Customer is solely responsible for any authorized or unauthorized use of Customer’s Account. Any information that Customer provide to Company in connection with Customer’s Account, including, but not limited to, contact and billing information, must be accurate and remain up-to-date. As Company does not guarantee the security of Customer’s Account, Customer should ensure that the login details for Customer’s Account are securely stored or saved. Company may in its discretion suspend or terminate any of Customer’s user IDs and passwords at any time with or without notice.
4. CUSTOMER’S USE OF COMPANY’S SERVICES. Subject to network management practices of Company, Company does not control the content that Customer accesses or creates on or through the Services. Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. Customer is solely responsible for evaluating the content accessed or created by Customer or anyone else through the Services or the Equipment.
Content from third parties may also harm the Services or the Equipment. Company is not responsible for any content, or any damage caused by any content, that Customer accesses, loads, or creates through the Services or the Equipment.
Certain information or content may be provided through the Services by independently owned and operated content providers or service providers who are subject to change at any time without notice. Company is not a publisher of third-party content and will not be responsible for any information or services provided by such third parties. These third parties may impose additional charges (on top of regular Service charges levied by Company) for certain content. As the user of such services, Customer is bound by the third parties' policies when Customer visits their respective sites or uses their services. It is Customer’s responsibility to read the rules or service agreements of each content or service provider as well as to understand any and all billing practices which are stated by the content or service provider. Any information Customer involuntarily or voluntarily provides third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission, or correct sequencing of any information or downloaded data is not guaranteed or warranted by Company or any content providers or other third party. Delays or omissions may occur. Neither Company nor its content providers, service providers, or other third parties shall be liable to Customer for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Services or the Equipment.
5. CUSTOMER’S AGREEMENT WITH COMPANY’S NETWORK MANAGEMENT. The Services are provided to Customer over a network with finite capacity that is shared with Company’s other users. As a consequence, Company may engage in network management to ensure that all users have reasonable and equitable access to Company’s network. For example, the Services are not intended to provide full-time connections and the connection may be discontinued after a significant period of inactivity. Customer’s Services may be changed, slowed, suspended, terminated and/or restricted based on usage, location, and/or interference with Company’s network or the ability to provide Services to other users, as determined by Company in its sole discretion. Further, Company reserves the right to limit throughput speed or amount of data transferred at times of network congestion.
6. AUTHORIZED DISCLOSURE OF ACCOUNT INFORMATION. Customer hereby consents to Company's disclosure of information about Customer’s Account to: (a) any person claiming to be Customer or Customer’s legally authorized representative who is able to provide certain identifying information as required by Company; and (b) any person(s) or entity as required by any request made pursuant to a subpoena or court order appearing proper on its face.
7. CHARGES AND PAYMENT. Customer agrees to pay the monthly service charge for the Services and Equipment which is comprised of various fees, taxes, and governmental or regulatory surcharges, such as administrative fees and universal service fund surcharges. Company reserves the right to increase or decrease any fee for the Services and Equipment offered. Taxes and fees are subject to change. Customer’s Services shall be terminated in the event Customer does not timely pay the amounts due and owning on the Account, and Customer may be assessed late or reconnection fees, as detailed on Customer’s monthly invoice.
Upon activation of Customer’s Services, billing for the Services will begin automatically. Customer’s first bill will reflect a pro-rated charge for the current billing cycle plus the monthly charge for the following billing cycle. The pro-rated charge for the month in which Services were activated is calculated as follows: the monthly charge for Customer’s Services multiplied by a fraction the numerator of which is the number of calendar days from the date of Service activation until the end of the billing cycle, and the denominator of which is the number of days in the particular month Service was activated. Thereafter, Customer is billed each month for the next billing cycle Services in advance.
Unless terminated by Company for Customer’s default or for another reason specified in this Agreement, Company will continue to provide Customer Services through the end of the billing cycle for which Customer has paid for Services.
8. PAYMENT BY CHECK, CREDIT, OR DEBIT CARD. If Customer tenders a check or like instrument in payment of any obligation under this Agreement or Customer’s Account which is returned due to insufficient funds in the account for payment upon presentation and Company is charged a fee or service charge as a result of such return, then Customer agrees that Company is authorized to add the amount of the fee or service charge (up to the maximum amount allowed by law) to the amount due under this Agreement or Customer’s Account. In the event of a returned check or like instrument, Customer also agrees to pay a thirty (30) dollar returned check charge. Customer agrees that Company is not responsible for any unauthorized payments on Customer's Account, whether by check or otherwise. Notice is hereby given that all payments made by debit and credit cards, or third party payment service shall be subject to a nonrefundable convenience fee and/or a fee for payment through Company’s third-party service provider, both to be displayed at the point of purchase.
9. AUTOPAY OR PAPERLESS BILLING. If Customer is enrolled in Company’s AutoPay, the amount due on Customer’s billing statement will be paid automatically each month with AutoPay. By enrolling in AutoPay, Customer authorizes Company to automatically charge Customer’s credit or debit card, third party payment service, or withdraw funds from Customer’s bank account each month on the “Total Amount Due By” date printed on Customer’s billing statement for the total amount due and owing on Customer’s Account. Customer agrees that each time AutoPay is used, Customer has made a separate and complete authorization as required by the rules of the National Automated Clearing House Association (“NACHA”) and, as applicable, the Electronic Fund Transfer Act, 15 U.S.C. 1693 et. seq., and Regulation E promulgated thereunder, 12 C.F.R 205 et. seq., and applicable credit card rules.
Customer’s enrollment in AutoPay will remain in full force and effect until Company receives written notification from Customer advising of the termination of Customer’s enrollment in such time and in such manner as to afford Company a reasonable opportunity to act on it.
If Customer is enrolled in Paperless Billing, Customer will receive Customer’s Company billing statement electronically at the email address Customer provides. Please remember it is Customer’s responsibility to keep Customer’s email address on file updated in order to receive Customer’s bill and other notifications regarding Customer’s Account. Customer may also view Customer’s bill on Customer’s online Account by logging in on www.cspire.com or to the Company “My C Spire” app. If Customer would like to opt out of Paperless Billing, Customer may do so by changing Customer’s preferences on Customer’s online Account.
10. BILLING DISPUTES. If Customer intends to dispute a charge to Customer’s Account, then Customer must notify Company in writing within sixty (60) days of the date of Customer’s bill. Customer waives any disputes that are not reported within sixty (60) days of the date of the bill.
11. APPLICABLE TARIFFS. This Agreement is subject to and controlled by the provisions of Company's lawfully filed and approved state and federal tariffs relating to the certain of the Services provided in this Agreement, and all changes and modifications to said tariffs as may be made from time to time, including all provisions limiting Company's liability and disclaiming warranties (“Applicable Tariffs”), which are incorporated herein. All appropriate tariff rates and charges shall be included in the provision of some of the Services. The Applicable Tariffs shall supersede any conflicting provisions of this Agreement in the event any part of this Agreement conflicts with terms and conditions of Company's Applicable Tariffs.
12. EQUIPMENT. Customer understands and acknowledges that, for Company to provide the Services, certain Equipment may be provided to Customer at the physical address where the Service will be provided (the “Premises”). Customer acknowledges that the Equipment requirements are subject to change depending upon the specific installation environment provided by Customer, and Company makes no representation or warranty that additional Equipment will not be needed. Customer agrees to maintain in good working condition and repair, at Customer's sole cost and expense, the Equipment provided by Company. Company will install or arrange for the installation of the Equipment at the Premises. Customer agrees to provide an installation environment and electrical and telecommunications connections as provided for in any applicable supplier or manufacturer installation manual or as otherwise specified by the supplier or manufacturer of the Equipment. The Equipment may only be used in the Premises, and Customer acknowledges that Customer may not remove, relocate, or reinstall the Equipment at a location other than the Premises. Customer acknowledges that Customer is responsible for loss, repair, and replacement of the Equipment. Upon termination of this Agreement, Customer shall return and/or provide Company the ability to remove the Equipment from the Premises. Customer may be charged for unreturned or unrecoverable Equipment, up to the value of the Equipment, provided, however, that such amount will not exceed the maximum amount permitted by law.
13. COMPLIANCE WITH LAWS; PAYMENT OF TAXES. Customer agrees to comply with all laws, regulations and orders relating to this Agreement and its use of the Services and the Equipment. Customer agrees and acknowledges that it is solely responsible for the payment of all license fees, assessments and sales, rental, use, property, excise and other taxes or surcharges or fees now or hereafter imposed by any governmental body or agency upon the Services or the Equipment. Any fees, taxes or other lawful charges paid by Company in connection with the Equipment or use thereof or the provision of Services hereunder (exclusive of any taxes based on the net income of Company), shall become immediately due from Customer to Company. Such amounts are in addition to payment for the Services or Equipment and will be billed to Customer as set forth in this Agreement. If Customer is exempt from payment of such taxes, Customer shall provide Company with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemptions will only apply from and after the date Company receives such certificate. This provision shall survive the termination of this Agreement and the use of the Equipment or Services pursuant hereto.
14. DEFAULT. Customer will be in default of this Agreement or Customer’s Account if any one or more of the following occurs: (a) Customer fails to timely pay the amounts due and owing on Customer’s Account; (b) Customer dies, is declared incompetent, or becomes insolvent (either because Customer’s liabilities exceed Customer’s assets or because Customer is unable to pay Customer’s debts as they become due); (c) Customer fails to keep any promise contained in this Agreement, Customer’s credit application, or any other agreement with Company; (d) Customer makes any statement or provides any information to Company that is untrue or inaccurate at the time it was made or provided; (e) Customer fails to provide any additional deposit Company may require; (f) any legal entity (such as a partnership or corporation) that has agreed to pay for the Services or the Equipment merges, dissolves, reorganizes, terminates its business or existence, or a partner or majority stockholder dies or is declared incompetent; (g) any fact appears or event occurs that causes Company to consider itself unsecured; or (h) the prospect of Customer’s performance of the obligations under this Agreement is impaired, as determined in Company’s sole discretion.
15. REMEDIES. If Customer defaults under this Agreement or Customer’s Account, Customer agrees that Company has the following remedies: (a) Company may, without prior demand or notice, set-off any outstanding balances against any deposit or monies held by Company for Customer’s Account, or any right Customer has to receive money from Company, and Customer agrees to indemnify and hold Company harmless from and against any and all claims arising out of or related to Company's exercise of its right to set-off; (b) Company may require an additional deposit or require that other parties be obligated to pay for the Services or Equipment rendered under Customer’s Account or this Agreement (or both) as a condition of waiving, for any period of time, any other remedy Company may have; (c) Company may suspend Customer’s Services until such time as Customer cures Customer’s default; (d) Company may disable or suspend the Services or the Equipment; (e) Company may require Customer to immediately pay the entire unpaid balance of the indebtedness on Customer’s Account and all other sums for which Customer is liable under this Agreement; (f) Company may require Customer to pay costs of collection, including (but not limited to) reasonable attorneys’ fees; (g) Company may take possession of the Equipment and sell, lease, license or otherwise dispose of the Equipment to satisfy some or all of indebtedness under Customer’s Account and this Agreement; (h) Company may use any remedy given to Company under this Agreement; and (i) Company may use any remedy available to it under applicable law. Company does not waive its right to later use any other remedy that Company may have under state or federal law by choosing any one or more of these remedies.
Please note that if Customer’s Account has been suspended by Company, Customer may continue to incur regular monthly charges as otherwise set forth in this Agreement.
Company does not waive a default if it chooses not to use any remedy and, by electing not to use any remedy, Company does not waive its right to later consider the event a default and to immediately use any remedies if a default continues or occurs again. In the event Company attempts to collect an Account in default, then Company may recover reasonable attorneys’ fees incurred and/or collection agencies’ fees and all costs of collection.
16. PARTIES’ RESPECTIVE RIGHTS TO LIMIT OR TERMINATE THIS AGREEMENT. Customer may terminate this Agreement at any time, but Customer will be responsible for all charges incurred through the date of termination. If Customer does terminate this Agreement, Customer must notify Company in writing. Termination of this Agreement will result in the immediate termination of the Services. If Customer has entered into a Promotional Offer Contract with Company, Company incorporates, as if fully set forth herein, the remedies available for any default on Customer’s commitment to maintain Services for a period of time. If Customer has not entered into a Promotional Offer Contract with Company, Customer’s failure to maintain Services for the time period applicable to the homes services Customer purchased may result in an early termination fee (hereinafter, “ETF”) in addition to Customer’s responsibility for any other damage and/or loss caused by such termination. The ETF is a way to fulfill Customer’s commitment to maintain Services for a period of time if Customer wants to cancel Services early. If Customer’s commitment to maintain Services for a period of time is complete, Customer will not owe an ETF. The ETF amount depends on how much of Customer’s time commitment for Services is left when Customer cancels. If Customer terminates this Agreement before the fulfillment of the commitment period applicable to the Services, Customer agrees the ETF shall be as specified in the terms of the Promotional Offer Contract. Customer agrees that the ETF is a reasonable pre-estimate of the amount of damages suffered by Company as a result of Customer’s failure to maintain Services with Company for the period of Customer’s Services commitment. Any Services that remain unused at the time of termination will not be refunded to Customer or transferred to another person.
Company may terminate this Agreement at any time if Company ceases to provide Services in Customer’s area. Company can, without notice, limit, suspend, cancel, or terminate Customer’s Services or any agreement with Customer for any reason whatsoever or for no reason, including, but not limited to, if Customer: (a) breaches any term or condition of this Agreement; (b) resells the Services or Equipment; (c) use the Services or Equipment for any unlawful, illegal or fraudulent purpose; (d) installs, deploys, or uses any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit, or regenerate a radio frequency signal without Company’s permission; (e) steals from or lies to Company; (f) does not timely pay the amounts due and owing on Customer’s Account; (g) incurs charges larger than a required deposit or billing limit, or materially in excess of Customer’s monthly access charges (even if Company hasn't yet billed the charges); (h) threatens, harasses, or uses vulgar and/or inappropriate language towards a Company representative, officer, employee, or agent; (i) interferes with Company’s operations; (j) modifies the Equipment from its manufacturer's specifications; or (k) uses the Services or Equipment in a way that adversely affects Company’s network or the Services. Company may also temporarily limit Customer’s Services for any operational or governmental reason.
Company’s rights under this paragraph are in addition to any specific rights afforded Company in other provisions of this Agreement to interrupt, suspend, modify, or cancel Customer’s Services and to terminate the Agreement.
17. ASSIGNMENT. This Agreement and any contractual rights or remedies available to Company hereunder shall be freely assignable, in whole or in part, by Company. At Company’s sole discretion, the Services may be provided by one or more authorized Company affiliates. Additionally, Company may sell or assign its interest, in whole or in part, in any telecommunications facilities utilized to provide the Services. Customer shall not assign this Agreement or its rights hereunder without the written consent of Company to such assignment. Any such transfer without the consent of Company is void.
18. DISPUTE RESOLUTION, AND ARBITRATION AGREEMENT. This paragraph describes how any disputes between Customer and Company will be resolved. CUSTOMER AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES RELATED IN ANY WAY TO OR CONCERNING THIS AGREEMENT, CUSTOMER’S ACCOUNT, COMPANY’S PRIVACY POLICY, OR THE SERVICES OR EQUIPMENT, INCLUDING (BUT NOT LIMITED TO) ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN A COURT HAVING EXCLUSIVE JURISDICTION OVER CLAIMS FOR LESS THAN $3,500 (“Small Claims Court”). This includes any claims against others relating to any Services or Equipment provided or billed to Customer (such as Company’s suppliers, dealers, or vendors) when Customer also asserts claims against Company in the same proceeding. This Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply, notwithstanding any other choice of law provision contained in this Agreement or any other applicable agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MAY AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT. Customer and Company each agree that if Customer fails to timely pay amounts due, Company may assign Customer’s Account for collection, and Company or a debt collection agency may pursue, in Small Claims Court, claims limited to the collection of past due amounts, accrued interest, and collection related costs and expenses permitted by law or this Agreement. To begin arbitration, Customer must send a letter requesting arbitration and describing Customer’s claim to Company’s registered agent. The American Arbitration Association (“AAA”) will arbitrate all disputes in accordance with the procedures contained in its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA rules are available at www.adr.org. Claims shall be heard by a single arbitrator who will be administratively appointed by the AAA from its National Roster of Arbitrators. The arbitration shall be conducted at a location within the greater metropolitan area of Jackson, Mississippi. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The award of the arbitrator shall be accompanied by a reasoned opinion.
*CLASS ACTION WAIVER. COMPANY AND CUSTOMER EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between Customer and Company that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to Customer.
*JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, CUSTOMER AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW.
19. CREDIT INVESTIGATION. Company reserves the right to evaluate Customer’s credit history before providing or modifying the Services and the Equipment and Company may review Customer’s Account to ensure that Customer continues to meet the terms of this Agreement. In order to establish and maintain an Account with Company and/or obtain or modify the Services or Equipment, Customer hereby: (1) agrees to furnish Company with the information necessary for Company to request Customer’s consumer report from a consumer reporting agency; (2) authorizes and consents to Company’s procurement of Customer’s consumer report from a consumer reporting agency; and (3) consents to Company’s use of information from Customer’s consumer report for Account creation and authentication purposes. In authorizing and consenting to Company procuring Customer’s consumer report and using the information contained therein, Customer acknowledges and agrees that Company has legitimate, permissible purposes under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., for procuring and using Customer’s consumer report and the credit information contained therein including, but not limited to: (1) a business transaction that is initiated by a consumer, and (2) to review an account to determine whether a consumer continues to meet the terms of the account. Customer agrees that Company shall not be liable for any claim arising from the use of credit information provided to Company by others or for providing such information to others.
20. PREMISES. Customer warrants that Customer is either the owner of the Premises, or that Customer has the authority to provide access for installation of Equipment and the Services, and the right of ways, easements, and other licenses or permissions granted in this Agreement.
21. RIGHT OF WAY EASEMENT. For and in consideration of Company providing the Services set forth herein, Customer hereby grants Company a perpetual right-of-way and easement to lay, construct, place, repair, operate, test, maintain, improve, replace, remove, in whole or in part, as the Company may from time to time require, one telecommunications system and all appurtenances or appliances necessary or useful in carrying signals, voices, data, pictures, images and other information in any form of any kind or nature which can now or may hereafter be capable of being carried over a telecommunications system (said systems consisting of underground fiber optics, digital systems, cables, splice boxes, conduits, wires, surface testing terminals, manholes, markers, and other appurtenances and appliances) (hereinafter, collectively referred to as the “System”) under a strip of land five feet (5’) wide across Customer’s property, together with the right of reasonable ingress and egress to and from said easement by Company and its authorized representatives for the purposes set forth herein. The consideration herein paid includes all damage which may be caused on the easement from the construction of the System. Company is further granted the right to sell, assign, transfer, and/or convey to others the rights granted herein.
22. DAMAGES TO BURIED FIBER. Customer is responsible for any damages to Company’s buried fiber optic cable and equipment which is caused by Customer or Customer’s contractor’s excavation and/or digging on Customer’s property unless Customer or its contractor first calls 811 or 800-227-6477 (for Mississippi), 800-292-8525 (for Alabama), 800-351-1111 (for Tennessee), or 800-432-4770 (for Florida) at least two (2) working days, and at least three (3) working days in Tennessee, in advance of any such excavation/digging in order to allow Company to mark and/or identify the location of its buried fiber optic cable and equipment in compliance with Mississippi's One-Call Law (Miss. Code Ann. §§ 77-13-1 et seq.), Ala. Code § 37-15-1 et seq., TCA 65-31-101, and Chapter 556, Florida Statutes, as applicable. Failure to comply with applicable One-Call Laws by Customer will result in Company charging Customer for any damages to its System caused by Customer’s or its contractor’s excavation. Customer agrees to indemnify and hold harmless Company from any damages caused by Customer’s failure to comply with this provision. CUSTOMER SHALL NOT EXCAVATE OR DIG ON CUSTOMER’S PROPERTY WITHOUT CALLING THE APPROPRIATE NUMBER LISTED IN THIS SECTION AT LEAST TWO (2) (OR THREE (3) FOR CUSTOMERS IN TENNESSEE) WORKING DAYS IN ADVANCE OF ANY SUCH EXCAVATION.
23. INSTALLATION AND REMOVAL OF EQUIPMENT. Company will install or arrange for the installation, and Customer agrees to permit installation, of the Equipment on the Premises, within a reasonable time after this Agreement has been accepted by Company. Company shall perform any re-installation, return of, change, or transfer in location of the Equipment at Company’s rates in effect at the time of service. Company shall not be responsible for any damage to the Premises arising from the installation or removal of the Equipment, except in cases of negligence, or improper workmanship, and then only to the extent of the actual damages thereof. Claims of negligence or improper workmanship must be made in writing to Company to: C Spire Claims, P.O. Box 429, Meadville, MS 39653, within thirty (30) days after installation or removal of the Equipment. NOTWITHSTANDING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT THERE ARE INHERENT RISKS ASSOCIATED WITH INSTALLATIONS AND CUSTOMER RELEASES AND HOLDS HARMLESS INSTALLER, THE COMPANY, AND THEIR RESPECTIVE AGENTS FROM LIABILITY RELATED THERETO. Customer hereby grants to Company an easement in gross covering the routing and access necessary for the installation, operation, and removal of the Equipment on, across, through, and inside the Premises at no cost or charge to Company.
24. SERVICE PROVIDED BY COMPANY AND FUNCTIONALITY LIMITATIONS. Except where otherwise expressly authorized by the Company, the Services and Equipment provided under this Agreement are solely for Customer’s personal, residential use, and Customer shall not use the Services or Equipment for any commercial purpose. Customer’s use of the Services and Equipment may not cause harm to Company’s network, may not be used to commit fraud, and must comply with the terms and conditions of the Prohibited Uses of the Services and Equipment paragraph below.
Company does not guarantee network availability or performance. Services may be changed, slowed, suspended, terminated, and/or restricted based upon usage, location, interference with Company’s network or ability to provide quality service to other users, or for any reason in Company's sole discretion. Performance may also be impacted by transmission limitations, terrain, and capacity constraints.
The Services and Equipment purchased under Customer’s Account and this Agreement may be provided by Company or any of its affiliates.
25. LAWFUL, NON-FRAUDULENT USE OF SERVICES. Customer agrees to use the Services and Equipment only for lawful purposes. Customer will not use the Services or the Equipment for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services or the Equipment in a way that: (a) interferes with Company’s ability to provide Services or Equipment to Customer or other customers; or (b) avoids Customer’s obligation to pay for Services or the Equipment. If Company has reason to believe that Customer or someone else is abusing the Services or the Equipment or using them fraudulently or unlawfully, Company can immediately suspend, restrict, or cancel the Services or Equipment without advance notice.
26. PROHIBITED USES OF THE SERVICES AND EQUIPMENT. Customer is prohibited from reselling or transferring the Services or Equipment to any other person for any purpose, without the express prior written consent of Company. In addition, unless otherwise authorized, Customer is prohibited from using the Services to operate fixed servers, for commercial purposes, or for any uses that result in excessive usage inconsistent with normal usage patterns. Specifically, if Company determines, in its sole discretion, that Customer is reselling or transferring the Services or the Equipment or that your Services are being used for excessive auto dialing, call forwarding, telemarketing, fax broadcasting, or fax blasting, Company reserves the right to immediately terminate without advance notice or modify the Services or the Equipment and to assess additional charges for each month in which the excessive usage occurred.
Customer agrees not to use the Services or Equipment for any of the following: (a) as a substitute for private lines of dedicated data connections; (b) in conjunction with applications or devices which aggregate usage from multiple sources prior to transmission to Company’s network such as Wi-Fi hotspots, tethers, Bluetooth®, or any other optic, wired, or wireless technology connecting computers or other equipment, unless all such sources are located within Customer’s household or belong to Customer or other persons covered by Customer’s Services; or (c) to generate revenue from conference calling or forwarding of traffic (i.e., "traffic pumping").
Customer agrees not to use the Services or Equipment in any manner or for any purpose that is, or Company reasonably determines may be, harmful to Company, its network, or other users including, but not limited to: (a) any activity that adversely affects the ability of other people or systems to access or use either the Services or the Equipment or other parties’ Internet-based resources; (b) attempted hacking of Company’s network or any other user’s Services or Equipment; (c) intentionally uploading or sending viruses, worms, malware, corrupt files, Trojan horses, time bombs, or any other similar data, applications, or software which may harm another user, another user’s Equipment or Services, or Company’s network; (d) denial of service attacks; or (e) any activity that has the potential to harm or degrade Company’s network or Services or Equipment, except as may be specifically allowed by federal law. Customer also agrees not to intentionally transmit unwanted, malicious, or harmful traffic such as: spam, phishing, stalking, harassing, or threatening transmissions, or any other use that generates complaints by other network or Internet users or may expose Company to liability to third parties.
Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Company may block calls or data transmissions that are made to, or received from, certain countries, cities, or telephone exchanges, or that use certain authorization codes if, in its sole discretion, Company deems it reasonably necessary to prevent non-standard, excessive, unlawful, or fraudulent use of the Services or Equipment. Furthermore, use of the Services or Equipment to impersonate a person or entity or to engage in fraudulent activities is not permitted.
Customer is liable for any and all use of the Services and Equipment by Customer and any other person making use of the Services and Equipment and Customer agrees to hold Company harmless from and against any and all liability associated with such use.
COMPANY RESERVES THE RIGHT AT ITS SOLE DISCRETION TO IMMEDIATELY SUSPEND, TERMINATE, OR RESTRICT USE OF THE SERVICES OR EQUIPMENT WITHOUT NOTICE IF SUCH USE VIOLATES THE RESTRICTIONS IN THIS PARAGRAPH.
If Company believes that Customer has used the Services or the Equipment in any way prohibited by this Agreement, Company may forward the relevant communication and other information, including Customer’s identity, to the appropriate authorities for investigation and prosecution. Customer hereby consents to Company forwarding any such communications and information to these authorities. In addition, Company will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to Customer or others. Furthermore, Company reserves all of its rights at law and equity to proceed against anyone who uses the Services or the Equipment illegally or improperly.
27. COPYRIGHT; TRADEMARK; UNAUTHORIZED USAGE OF EQUIPMENT. Customer agrees to respect the intellectual property rights of Company, its third-party content providers, and any other owner of intellectual property whose protected property may appear on any website, application, device, or other platforms owned or managed by Company. Company’s intellectual property and related documents are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Company’s and its affiliates’ websites and all corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, “Marks”) are and shall remain Company’s and its affiliates’ exclusive property. Nothing in this Agreement shall grant Customer the right or license to use any of Company’s intellectual property or its Marks. Except for a limited license to use the Services or Equipment, Customer agrees that the purchase of Equipment or Services does not grant Customer any license to copy, modify, reverse engineer, download, redistribute, or resell Company’s intellectual property or its Marks. In addition, Customer agrees that a violation of this paragraph shall irreparably harm Company, which cannot be fully redressed by money damages, and that Company shall be entitled to immediate injunctive relief in addition to all other remedies available.
28. TAMPERING WITH SERVICE OR EQUIPMENT. The Equipment will be configured for Customer’s exclusive use of the Services as designated by Company. Unless expressly authorized by Company, Customer shall not tamper with the Equipment or modify its configuration. Customer agrees not to change the electronic serial number or identifier of the Equipment, or perform a factory reset of the Equipment without prior written permission from Company. Company reserves the right to terminate Customer’s Services should Customer tamper with the Equipment, leaving Customer responsible for all applicable charges. Customer agrees not to hack or disrupt the Services or to make any use of the Services which is inconsistent with their intended purpose.
29. CUSTOMER PROPRIETARY NETWORK INFORMATION (“CPNI”). Services purchased by Customer under Customer’s Account and this Agreement may be provided by Company or any of Company’s affiliates. If Customer is purchasing multiple categories of Services under this Agreement or another agreement, i.e. wireless service or VoIP Service, then Customer’s CPNI (as defined in 47 U.S.C. § 222(h)(1)) will be shared between Company and its affiliates as necessary to provide all the categories of Services ordered by Customer as permitted by 47 C.F.R. § 64.2005(a)(1).
30. CONSENT TO CONTACT. Company, its affiliates, agents, and service providers may at times contact Customer, including using Customer’s email address, automatic telephone dialing systems, prerecorded or artificial voice message calls, and/or text messages at the telephone number(s) Customer has provided to Company. Customer agrees to immediately update Customer’s Account whenever personal or billing information changes (including, by way of example, Customer’s name, home address, email address, banking information, and cellular and residential telephone number). Company may place calls or texts on matters related to the Services, Account and/or Equipment including to (a) provide notices regarding Customer’s Account or this Agreement; (b) investigate or prevent fraud; (c) provide Customer with technical assistance relating to the Services or Equipment; (d) market Company’s products or services; or (e) collect a debt owed to Company. Customer agrees to be contacted using autodialed or prerecorded voice calls, emails, and text messages to carry out the purposes identified above, regardless of whether Customer incurs charges as a result.
31. NO CREDIT ALLOWANCE FOR INTERRUPTION OF SERVICES. Customer acknowledges and agrees that the Services and Equipment are provided “as is.” Credit allowances for interruption of Services shall not be provided.
32. INDEMNIFICATION. CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD COMPANY, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, AND AGENTS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES OR EQUIPMENT TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, CAUSES OF ACTION, DEMANDS, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) BY, OR ON BEHALF OF CUSTOMER OR ANY THIRD PARTY OR USER OF CUSTOMER’S SERVICES OR EQUIPMENT, RELATING TO OR ARISING OUT OF THE SERVICES, THE EQUIPMENT OR ITS INSTALLATION, OR THIS AGREEMENT, WHETHER BASED IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY, AND REGARDLESS OF THE FORM OF THE ACTION. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
CUSTOMER AGREES THAT COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT ARISE FROM CUSTOMER’S USE OF THE SERVICES OR THE EQUIPMENT AND CUSTOMER AGREES TO REIMBURSE COMPANY FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING REASONABLE ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
33. LIMITATION OF LIABILITY. THE LIABILITY OF COMPANY FOR DAMAGES OR LOSSES ARISING OUT OF THE FURNISHING OF THE SERVICES OR EQUIPMENT HEREUNDER, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFAULTS, REPRESENTATIONS, OR USE OF THE SERVICES OR EQUIPMENT, OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION OR MAINTENANCE OF THE SERVICES OR EQUIPMENT, OR ARISING OUT OF THE FAILURE TO FURNISH THE SERVICES OR EQUIPMENT, INCLUDING E-911/911 SERVICE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, AND/OR LOSS OF ELECTRICAL POWER, SHALL BE LIMITED TO AN ALLOWANCE PRORATED FOR THE TIME PERIOD OF THE SERVICE INTERRUPTION. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURIES OR LEGAL FEES AND EXPENSES THAT CUSTOMER, OR ANY END USERS, MAY SUFFER OR INCUR. FINALLY, COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR INTERRUPTIONS IN SERVICES OR FOR ANY DAMAGES OR LOSSES DUE TO THE FAULT OR NEGLIGENCE OF CUSTOMER, ANY END USERS, AND ANY OTHER PARTY OR PERSON(S), OR DUE TO THE FAILURE OR MALFUNCTION OF ANY EQUIPMENT CUSTOMER PROVIDED, OR DUE TO CUSTOMER’S FAILURE TO FULFILL ANY OBLIGATION UNDER THIS AGREEMENT.
THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, IRRESPECTIVE OF WHETHER COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY COMPANY'S NEGLIGENCE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER AGREES THAT COMPANY IS NOT RESPONSIBLE FOR DAMAGES OR LOSSES CAUSED BY ANY ACT OF GOD.
34. NO WARRANTIES ON SERVICE. THE SERVICES AND EQUIPMENT ARE PROVIDED TO CUSTOMER “AS IS” AND “WITH ALL FAULTS.” COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS OF THE SERVICES OR EQUIPMENT FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SERVICES OR EQUIPMENT WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES OR EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR LOSS OF CONTENT, DATA, OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICES OR EQUIPMENT, IF ANY, BY COMPANY OR ITS AGENTS OR INSTALLERS ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. COMPANY DOES NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, COMPANY EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON COMPANY’S BEHALF AND CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT.
35. NO WARRANTIES OR LIMITED WARRANTIES ON EQUIPMENT. If Customer received Equipment from Company and the Equipment included a limited warranty from the manufacturer at the time of receipt, Customer must refer to the separate limited warranty document provided with the Equipment for information about such warranty. Customer acknowledges that Company is not the manufacturer of the Equipment and Customer agrees to look solely to the manufacturer for any remedies associated with the malfunction of the Equipment. Company makes no warranties of any kind, express or implied, in connection with the Equipment.
36. CUSTOMER’S RELEASE OF COMPANY. Customer agrees to and hereby releases Company, its parents, subsidiaries, and affiliates, and each of their officers, directors, agents, and employees (“Company Releasees”), to the full extent permitted by law, from and against any and all claims, damages, liabilities and expenses, including attorneys’ fees and expenses, of any nature arising directly or indirectly out of this Agreement, the Services, the Equipment, or Customer’s Account, including, without limitation, claims for personal injury or wrongful death to Customer or users of the Equipment or Services or used in conjunction with such Equipment or Services and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the Equipment or Services, or arising by operation of law, including without limitation, claims based upon a strict liability doctrine, to the extent such claims are not based on the grossly negligent acts or omissions of Company, its agents, or its employees. This release shall apply to the extent stated above even where Company is found to have been substantially at fault or to have actively engaged in conduct which substantially contributed to the injury suffered by Customer, and Company’s assertion of this release as a whole or partial defense to any claim by Customer shall not be barred by fault or active negligence on the part of Company, to the full extent permitted by applicable law.
37. EXPORT REGULATION. Customer acknowledges that software, information, and technology downloaded (collectively, “technology”) may be subject to certain United States export regulations and laws and import regulations and laws in other countries and that Customer is responsible for complying with such relevant regulations and laws. Customer agrees to comply with all export or import regulations and laws both foreign and domestic, including, but not limited to, the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR,” 50 C.F.R. Parts 730-774). Customer further specifically agrees, unless expressly authorized by law, not to export or re-export the technology to any country, person, entity, or end user subject to United States export controls or under United States embargo.
38. SECURITY SERVICES. If Customer has purchased security system services, additional terms related to such security system services, as presented to Customer at the time of purchase, shall apply.
39. COMPANY TV. If Customer has purchased TV services from Company, the TV Terms and Conditions, attached hereto as Schedule A and expressly made a part of this Agreement, shall also apply to Customer, in addition to the other terms in this Agreement.
40. VOICE SERVICES. If Customer has purchased voice services from Company, the terms of the Voice Subscription Terms and Conditions, attached hereto as Schedule B and expressly made a part of this Agreement, shall also apply to Customer, in addition to the other terms in this Agreement.
41. ADDITIONAL TERMS AND CONDITIONS FOR PROMOTIONAL OFFER CONTRACT. Company, in its sole discretion, may from time to time make Equipment or Services available for purchase at a special price or free of charge, subject to Customer’s agreement to the terms and conditions of a Promotional Offer Contract (“POC”).
Customer acknowledges and agrees that if Customer has deactivated Services within the last thirty (30) days, Customer is ineligible for a POC. If Customer is eligible for a POC and Customer agrees to the terms and conditions of the POC by activating the Equipment or Services which is subject to the POC, Customer accepts and agrees to be bound by these additional terms and conditions:
(a) Customer has purchased the promotional Equipment or Services at a special price or has received it free of charge, as applicable;
(b) Customer shall activate the promotional Equipment or Services (if not already activated);
(c) Customer shall not deactivate the promotional Equipment or Service for a period of not less than the service term specified in the POC. If Customer does not need to activate new service to use the promotional Equipment or Services, but instead uses the promotional Equipment or Services in addition to or with Customer’s existing Services (i.e., as an upgrade or replacement), then Customer agree that any prior service agreement for such existing service is hereby amended and replaced in its entirety by the terms and conditions of the POC and this Agreement;
(d) If Customer is activating new service for the promotional Equipment or Services and Customer has existing service for other Equipment or Services, Customer shall not deactivate any existing service for other Equipment or Services before expiration of the remaining term of the existing service for such Equipment or Services (including any applicable prior POC); and
(e) Failure to maintain service for the commitment period or periods set forth above may result in an early termination fee, as described in the Parties’ Respective Rights to Limit or Terminate this Agreement paragraph above.
To the extent that any term or condition of the POC should conflict with any term or condition of this Agreement, the above terms and conditions for the POC shall control and apply to Customer.
42. MISCELLANEOUS. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any provision of this Agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Time is of the essence with respect to this Agreement. Customer shall promptly execute and deliver to Company such further documents and take such further action as Company may request in order to give effect to the intent and purpose of this Agreement. All indemnifications, releases, limitations of liability, disclaimers of warranties, limitations of remedies, the agreement to arbitrate, the restrictions upon use of the Services and/or the Equipment and the rights of Company to take action necessary to remain in compliance with any Applicable Tariff or license, including its right to retake possession of or disable the Equipment, all as more particularly set forth herein, shall survive the termination of this Agreement and discontinuation of the Services.
43. FORCE MAJEURE. Company shall not be liable for any delay or failure of performance of the Services 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 Company, 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; and cessation and/or interruption of Services in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
44. GOVERNING LAW. Except as otherwise required by law, Customer and Company agree that the Federal Arbitration Act and the substantive laws of the State of Mississippi, without reference to its principles of conflicts of laws, will be applied to govern, construe, and enforce all of the rights and duties of the parties arising from or related in any way to the subject matter of this Agreement. UNLESS CUSTOMER AND COMPANY AGREE OTHERWISE, CUSTOMER AND COMPANY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ARBITRATION OR SMALL CLAIMS COURT IN THE STATE OF MISSISSIPPI FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT.
45. ENTIRE AGREEMENT; MODIFICATION. Subject to any Applicable Tariff, this Agreement, all Schedules, and all policies referred to herein and posted at www.cspire.com, sets forth the entire agreement between Company and Customer with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. To the extent, if any, the terms of this Agreement and any Applicable Tariff conflict, then the Applicable Tariff shall control. No changes by Customer to this Agreement shall be effective unless agreed to in a writing signed by an authorized representative of Company. No undertaking, representation, or warranty made by any employee, agent, or representative of Company in connection with the sale, installation, maintenance, or removal of Services and/or Equipment shall modify or amend this Agreement.
46. COMPANY’S RIGHT TO CHANGE THIS AGREEMENT. Company may notify Customer of any changes to this Agreement, or any other required or desired notice hereunder, by posting notice of such changes on Company’s website, or by sending notice via email or postal mail to Customer’s billing address, and/or by contacting the telephone number(s) on Customer’s Account (including mobile phones) by means such as, but not limited to, browser bulletins, walled garden (browser interruption), voice, SMS, MMS, and text messages, including by the use of an automatic telephone dialing systems. Customer agrees that any one of the foregoing will constitute sufficient notice. If any material change negatively affects Customer’s Services, Customer has the right to cancel the Services. Customer’s continued receipt of the Services for more than thirty (30) days after the change, however, will constitute Customer’s acceptance of the change.
47. WRITTEN NOTICE TO COMPANY. Written notice to Company shall be effective when directed to the attention of Company’s Director of Product Development & Management and received at the following address: 1018 Highland Colony Parkway, Suite 300, Ridgeland, Mississippi 39157. Customer’s notice to Company must contain Customer’s Account number.
48. WAIVER. Company’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future.
Copyright C Spire 2024.
Schedule A
TV Terms & Conditions
The TV streaming service or any legacy cable TV service (collectively with the App, the “TV Service”) is a subscription TV service offered exclusively to Company’s Fiber Internet customers. The TV app (collectively with any website, software, components, set top box, data or services provided in connection with the TV application, and any updates to these items, the “App”) provides authenticated users access to live, DVR and on-demand content (collectively “TV Content”) via a media Device.
If at any time after reviewing or using the TV Service Customer wishes to terminate the TV Service, Customer must cancel Customer’s subscription as provided below and un-install and remove the App from Customer’s Device, and delete any copy of the App in Customer’s possession. Customer agrees that information collected from Customer or Customer’s Device before Customer un-installs, removes or ceases to use the App can still be used.
1. THE TV SERVICE. By subscribing to the TV Service, Customer receives access to and use of: (i) certain software, intellectual property rights and technology owned or operated by Company (including, for example, applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by Company); (ii) Company’s websites and applications, including but not limited to, the App; (iii) the TV Content that is accessible to Customer (including, but not limited to, transaction and subscription video or programming, advertising, and/or other content); (iv) any and all other products and/or services accessed, provided, used, or otherwise made available to Customer, including additional technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes, or enhancements used in connection with the use of, or otherwise related to, the TV Service, (v) updated versions of the App, TV Service and related third-party software, which may be provided to Customer at any time and Customer agrees to accept without further notice; and (vi) all other information and related documents provided to Customer by or on behalf of the Company.
2. USE OF THE SERVICE. Customer must be a Fiber Internet Customer to subscribe to the TV Service. Individuals under the age of 18, or applicable age of majority, may utilize the TV Service only with the consent or involvement of a parent or legal guardian, under such person’s TV Service account and otherwise subject to this Agreement. Cancellation of Fiber Internet Service will also result in cancellation of the TV Service.
In certain instances, Customer must provide a compatible streaming media Device to access the TV Service and App. Visit http://cspire.com/cspiretv-devices for the latest list of streaming media devices compatible with the TV Service. By using the TV Service and App, Customer agrees to look solely to the entity that manufactured and/or sold Customer the Device for any issues related to the Device and its compatibility with the TV Service.
Any content descriptions, genres, or other categories are provided for Customer’s convenience, and Company does not guarantee their accuracy or assume any obligation to provide same. Customer understands that video content resolution is affected by many factors, and as a result no specific resolution is guaranteed.
3. CUSTOMER’S PROFILE. Customer may have the ability to create one or more profiles on the App. Profiles allow various household members to personalize their TV Content, recommendations, and watch histories. Even if Customer creates multiple profiles, they are accessible, modifiable, and may be deleted by anyone using the App; therefore, Customer should inform household members if Customer does not desire for them to edit, delete, or modify Customer’s profile.
4. CUSTOMER’S TV SUBSCRIPTION. The TV Service includes different subscription packages for which payment of a subscription fee is required to access TV Content available as part of those packages. Customer can find the specific details regarding Customer’s subscription package at any time by visiting http://cspire.com/fiberaccount and logging into Customer’s account.
5. COMPANY DOES NOT PROVIDE REFUNDS FOR PARTIAL-MONTH SUBSCRIPTIONS OR CONTENT THAT HAS NOT BEEN VIEWED. Customer must cancel Customer’s subscription to the TV Service before it renews each month in order to avoid billing of the next month's subscription fee for the TV Service. Subject to the terms of the Agreement, Customer may cancel at any time by calling 888-438-1009. If Customer cancels after Customer’s renewal date, Customer will continue to have access to the TV Service through the end of Customer’s renewal cycle.
6. CONTENT AND PROGRAMMING. There are many factors that can affect the cost and availability of programming. Company may add, delete, or otherwise change Company’s program packaging, selection, pricing and/or any other factor or aspect of the TV Service, or the way Company offers the TV Service, at any time for any reason in Company’s sole discretion. Some programming and sports events may be blacked out in Customer’s area. These blackout restrictions are determined by third parties other than Company and Company is not responsible for same. Some programming may be unavailable for certain features of the TV Service. Certain portions and aspects of the TV Service may be accessed and used only at the Premises. For example, certain live programming may not be available within the App outside of the Premises. Company may use any technology available to Company to verify Customer’s geographic location in order to provide the TV Services and implement these restrictions.
The number of Devices available for use and the simultaneous streams may change from time to time at Company’s discretion. Currently, one simultaneous streaming is permitted per subscription, but Customer may purchase additional concurrent streaming capability for $5/month.
7. UPDATE AND TESTING. Company updates and tests the TV Service, including the content library, on a continuous basis. Customer understands that by using the TV Service, Customer agrees to be included in such testing without notice. Testing may be done to any aspect of the TV Service, and may include, but not be limited to: service level, the App, the website, user interfaces, plans, promotional features, availability of content, delivery, and pricing.
8. LICENSE AND RESTRICTIONS. Subject to the restrictions set forth herein, Company grants Customer a personal, revocable, non-exclusive, non-transferable, limited right to install and use the App on Customer-owned streaming media device, mobile device(s) or other computing device(s) that are owned and controlled by Customer (“Device”), and to access and use the App on Customer’s Device solely for accessing the TV Service and viewing TV Content, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
Customer may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App or TV Content; (c) violate any applicable laws, rules, or regulations in connection with Customer’s access or use of the App or TV Content; (d) remove or alter any copyright or trademark notice of Company or its collaborators, suppliers, or licensors; (e) use the App or TV Content in a manner intended to generate revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) enable the use of the App on a device that is not Customer’s Device; (g) enable access to or use of TV Content on a device that is not Customer’s Device; (h) make the App or TV Content available over a network; (i) use the App or TV Content to develop, design, or create any service designed to replace or be used in connection with the TV Service or the App, product or software offered by Company or its licensors; (j) use any proprietary information or intellectual property of Company in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App; (k) circumvent, disable, or tamper with the App or the TV Content; (l) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer, or circulate the App or TV Content; or (m) use the TV Service in any manner not intended by this Agreement, in Company’s sole discretion. Customer agrees to abide by the rules and policies established by Company at any time.
9. INTELLECTUAL PROPERTY. The App (including its source and object code), any copies thereof (whether or not present on Customer’s Device), the TV Service, and all copyrights, patents, trademarks, trade secrets, and other intellectual property rights associated therewith are the property of Company or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of Company and its collaborators, licensors, and suppliers. Title to the App and TV Service shall remain with Company. The App is licensed, not sold, to you. Company and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the App or TV Service, or require the return of the App (or any copy thereof), at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, Customer is not granted any intellectual property rights in or to the App or TV Service by any legal theory, including but not limited to implication and estoppel. All rights in and to the App and TV Service not expressly granted in this Agreement are hereby reserved and retained by Company. These obligations survive termination of this Agreement.
10. OPEN SOURCE SOFTWARE AND THIRD-PARTY SERVICES. The TV Service or App may include third-party software that is subject to open source license terms (“Open Source Software”). Customer acknowledges and agrees that Customer’s right to use such Open Source Software is subject to and governed by the terms and conditions of any applicable license to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.
The TV Service or App may allow Customer to access certain internet services and products, websites, advertisements, and content from advertisers, publishers, vendors and other third parties that is provided by third parties for which Customer may have a separate relationship directly with such third parties ("Third-Party Services"). Customer agrees that Company shall bear no responsibility for such Third-Party Services or Customer’s continued access to them via the TV Service. Customer is responsible for any fees for Third-Party Services that result from Customer’s access to or use of them. Customer hereby represents and warrants that Customer has the necessary rights to access and use such Third-Party Services through the TV Service and that Customer’s use of the Third-Party Services is in compliance with the terms of use applicable to such Third-Party Services. Company reserves the right to restrict Customer’s access to and use (or misuse) of the Third-Party Services, or deny access to any Third-Party Services otherwise accessible through the TV Service or App. Company shall have no liability to Customer arising out of or in connection with same.
11. NO WARRANTIES. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE APP OR TV SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (ii) THE APP OR TV SERVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY CUSTOMER THROUGH THE APP OR TV SERVICE WILL BE AS REPRESENTED OR MEET CUSTOMER’S EXPECTATIONS; OR (iv) ANY ERRORS IN THE APP OR TV SERVICE WILL BE CORRECTED OR THAT THE APP OR TV SERVICE WILL BE MAINTAINED. CUSTOMER ACKNOWLEDGES THAT THE APP IS NOT INTENDED FOR USE WHEN THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP OR TV SERVICE WILL BE COMPATIBLE OR INTEROPERABLE WITH CUSTOMER’S DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH CUSTOMER’S DEVICE. FURTHERMORE, CUSTOMER ACKNOWLEDGES THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF CUSTOMER’S DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO CUSTOMER’S DEVICE, LOSS OF THE DATA LOCATED ON CUSTOMER’S DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON CUSTOMER’S DEVICE. CUSTOMER ASSUMES ALL NECESSARY EXPENSES ASSOCIATED WITH SERVICE AND REPAIR TO CUSTOMER’S DEVICE. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY AND ITS COLLABORATORS, SUPPLIERS, AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
12. CUSTOMER SERVICE AND SUPPORT. Access Company’s support website to find help with Customer’s TV Service at http://cspire.com/fibersupport or text / call Company with questions to 855-438-1009.
13. TERMINATION. Upon the termination of this Agreement, Customer shall cease all use of the App and uninstall the App from Customer’s Device, and delete any copy of the App in Customer’s possession.
14. PRECEDENCE. In the event of a conflict between the terms of the Agreement and the terms of this Schedule, the terms of the Agreement shall govern.
Schedule B
Voice Subscription Terms and Conditions
This Schedule governs Company’s residential communications services and any related products or services (the “Voice Service”) and any devices used to provide the Voice Service, including but not limited to Multimedia Terminal Adapters (“MTA”), Analog Telephone Adapters or any other Internet Protocol connection device (individually and collectively, a “Voice Device” or “Voice Equipment”), used in conjunction with the Voice Service.
1. EMERGENCY SERVICES - 911 DIALING. All of Company’s customers have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when Customer dials 911, Customer’s telephone number and registered address are simultaneously sent to the local emergency center assigned to Customer’s location, and emergency operators have access to the information they need to send help and call Customer back if necessary. Customers in locations where the emergency center is not equipped to receive Customer’s telephone number and address have basic 911. With basic 911, the local emergency operator answering the call will not have Customer’s call back number or Customer’s exact location, so Customer must be prepared to give them this information. Until Customer gives the operator Customer’s telephone number, he/she may not be able to call Customer back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if Customer is unable to speak.
Customer authorizes Company to disclose Customer’s name and address to third parties involved with providing 911 Dialing to Customer, including, without limitation, call routers, call centers and local emergency centers.
2. NOTIFY ALL USERS. Customer agrees to inform any household residents, guests, and other third persons who may be present at the physical location where Customer utilizes the Voice Service of the important differences in and limitations of Company 911 Dialing as compared with basic 911 or E911. The documentation that accompanies each Voice Device will include a sticker concerning the potential non-availability of basic 911 or E911 (the “911 Sticker”). It is Customer’s responsibility, in accordance with the instructions that accompany each Voice Device, to place the 911 Sticker as near as possible to each telephone that Customer uses with the Voice Service. If Customer did not receive a 911 Sticker with Customer’s Voice Device, or Customer requires additional 911 Stickers, please contact Company’s customer care department at 1-334-566-3310.
3. LOCATION OF SERVICE. The Voice Service is provided at a specific permanent address and not available as a nomadic offering. Before Customer moves to another location, Customer must notify Company to determine if service can be provided at Customer’s new permanent address. Voice Service will only be provided at locations where E911 connectivity is available.
4. CONFIRMATION OF ACTIVATION REQUIRED. Customer’s 911 Dialing feature will not be activated for any telephone line that Customer is using with the Voice Service, UNLESS AND UNTIL CUSTOMER RECEIVES AN EMAIL OR OTHER FORM OF NOTIFICATION FROM COMPANY CONFIRMING THAT THE 911 DIALING FEATURE HAS BEEN ACTIVATED FOR THAT TELEPHONE LINE.
5. SERVICE OUTAGES DUE TO POWER FAILURE OR DISRUPTION. In the event of a power failure, network backup power systems are in place. The Voice Service is provided by a Voice Device that also provides limited battery backup. Excessive use of the Voice Service during a power outage will result in shortened life of the battery. Customer acknowledges and understands that failure of the network power backup systems or the Voice Devices internal backup system during a power failure or disruption will prevent all service, including 911 dialing from functioning.
6. SERVICE OUTAGES DUE TO INTERNET OUTAGE OR DISCONNECTION OF BROADBAND SERVICE OR ISP SERVICE. Customer acknowledges and understands that service outages, suspensions, or disconnections of Customer’s broadband service will prevent all Voice Service, including 911 Dialing.
7. SERVICE OUTAGES DUE TO SUSPENSION OF COMPANY ACCOUNT. Customer acknowledges and understands that service outages due to suspension of Customer’s Account as a result of billing issues will interfere with or prevent ALL service, other than E911.
8. SERVICE OUTAGE DUE TO DISCONNECTION OF COMPANY ACCOUNT. Customer acknowledges and understands that service outages due to suspension or disconnection of Customer’s account as a result of billing issues will interfere with or prevent all Voice Service, including 911 Dialing, from functioning.
9. SERVICE OUTAGES DUE TO ISP OR BROADBAND PROVIDER BLOCKING OF PORTS OR OTHER ACTS. Other third-party transport providers may intentionally or inadvertently block the ports over which the Voice Service is provided or otherwise impede the usage of the Voice Service. In that event, provided that Customer alerts Company to this situation, Company will attempt to work with Customer to resolve the issue. During the period that the ports are being blocked or Customer’s Voice Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, Customer’s Voice Service, including the 911 Dialing feature, may not function. Customer acknowledges that Company is not responsible for the blocking of ports or any other impediment to Customer’s usage of the Voice Service, and any loss of service, including 911 Dialing, which may result. In the event Customer loses service as a result of blocking of ports or any other impediment to Customer’s usage of the Voice Service, Customer will continue to be responsible for payment of the Voice Service charges unless and until Customer disconnects the Voice Service in accordance with this Agreement.
10. OTHER SERVICE OUTAGES. If there is a Voice Service outage for any reason, such outage will prevent all Voice Service, including 911 Dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.
11. NETWORK CONGESTION; REDUCED SPEED FOR ROUTING OR ANSWERING 911 DIALING CALLS. Due to technical constraints, Customer acknowledges and understands that there may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Voice Service as compared to traditional 911 dialing over traditional public telephone networks.
12. DISCLAIMER OF LIABILITY AND INDEMNIFICATION. Company does not have any control over whether, or the manner in which, calls using Company’s 911 Dialing service are answered or addressed by any local emergency response center. Company disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. Company relies on third parties to assist Company in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. Company disclaims any and all liability or responsibility in the event such third-party data used to route calls is incorrect or yields an erroneous result. NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO COMPANY’S 911 DIALING VOICE SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM COMPANY’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT.
Customer agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement and the Voice Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney’s fees) by, or on behalf of, Customer or any third party or user of Customer’s Voice Service relating to the absence, failure or outage of the Voice Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of Customer or any third-party user of Customer’s Voice Service to be able to use 911 Dialing or access emergency service personnel.
13. NOTIFICATION OF CHANGE OF LOCATION. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT E911 DOES NOT FUNCTION IF CUSTOMER MOVES CUSTOMER’S COMPANY VOICE DEVICE TO A DIFFERENT STREET ADDRESS, UNLESS AND UNTIL CUSTOMER HAS NOTIFIED COMPANY OF ANY SUCH CHANGE IN CUSTOMER’S REGISTERED ADDRESS. CUSTOMER ALSO ACKNOWLEDGES THAT IT MAY TAKE UP TO 72 HOURS FOR ANY CHANGE IN ADDRESS TO BE PROCESSED. ACCORDINGLY, CUSTOMER SHOULD NOTIFY COMPANY IN ADVANCE OF ANY AND ALL CHANGES TO CUSTOMER’S REGISTERED ADDRESS. FAILURE TO PROVIDE THE CURRENT AND CORRECT PHYSICAL ADDRESS AND LOCATION OF CUSTOMER’S COMPANY VOICE DEVICE MAY RESULT IN ANY 911 CALL CUSTOMER MAKES BEING ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER AND EMERGENCY PERSONNEL BEING DISPATCHED TO THE INCORRECT LOCATION. USING CUSTOMER’S COMPANY VOICE DEVICE AT A LOCATION OTHER THAN CUSTOMER’S REGISTERED ADDRESS IS A VIOLATION OF THIS AGREEMENT AND MAY RESULT IN TERMINATION OF CUSTOMER’S VOICE SERVICE.
14. ALTERNATE 911 ARRANGEMENTS. If Customer is not comfortable with the limitations of the 911 Dialing service, Customer should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Voice Service.
15. UNAUTHORIZED USAGE OF DEVICE; FIRMWARE OR SOFTWARE. Customer has not been granted any license to use the firmware or software used to provide the Voice Service or provided to Customer in conjunction with providing the Voice Service, or embedded in the Voice Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. Customer expressly agrees that the Voice Device is exclusively for use in connection with the Voice Service and that Company will not provide any passwords, codes or other information or assistance that would enable Customer to use the Voice Device for any other purpose. Company reserves the right to prohibit the use of any interface device that Company has not provided to Customer. Customer hereby represents and warrants that Customer possesses all required rights, including software and/or firmware licenses, to use any interface device that Company has not provided to Customer. In addition, Customer shall indemnify and hold Company harmless against any and all liability arising out of Customer’s use of such interface device with the Voice Service. Customer shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
16. TAMPERING WITH THE DEVICE OR SERVICE. Customer shall not change the electronic serial number or equipment identifier of the Voice Device or perform a factory reset of the Voice Device without the express written permission of Company, which Company may deny in its sole discretion. Company reserves the right to disconnect Customer’s Voice Service if Company believes, in Company’s sole and absolute discretion, that Customer has tampered with the Voice Device. In the event of such disconnection, Customer will remain responsible for the full month’s charges to the end of the current term, including, without limitation, un-billed charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable.
17. THEFT OF SERVICE. Customer shall notify Company immediately, in writing or by calling Company’s customer support line, if the Voice Device is stolen or if Customer becomes aware at any time that Customer’s Voice Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When Customer calls or writes, Customer must provide Customer’s Account number and a detailed description of the circumstances of the Voice Device theft, fraudulent use or unauthorized use of Voice Service. Failure to do so in a timely manner may result in the disconnection of Customer’s Voice Service and additional charges to Customer. Until such time as Company receives notice of the theft, fraudulent use or unauthorized use, Customer will be liable for all use of the Voice Service using a Voice Device stolen from Customer and any and all stolen, fraudulent or unauthorized use of the Voice Service. Company reserves all of its rights at law and equity to proceed against anyone who uses the Voice Services illegally or improperly.
18. RETURN OF DEVICE. The Voice Device must be returned to Company within fourteen (14) days of the date Voice Service terminates. Otherwise, Customer will be charged a Voice Equipment fee for not returning the Voice Device undamaged and in original condition, reasonable wear and tear excluded. Company will waive Company’s disconnection fee subject to the following:
(a) Voice Service is disconnected within the first thirty (30) days following the activation of the Voice Service (activation occurs when Customer places Customer’s order for Voice Service);
(b) Customer must pay all costs of returning the Voice Device back to Company; and
(c) If Customer receives a Device(s) that is visibly damaged, Customer must contact Company’s customer care department immediately at [email protected] or 855-438-1009.
19. NUMBER TRANSFER ON SERVICE TERMINATION. Upon termination of the Voice Service, Company may, at its sole discretion, release a telephone number that was ported in from a previous service provider to Company by Customer and used in connection with Customer’s Voice Service provisioned by Company to Customer’s new service provider, if such new service provider is able to accept such number, and provided that (i) Customer’s Account has been terminated; (ii) Customer’s Company Account is completely current including payment for all charges and termination fees, if any; and (iii) Customer requests the transfer upon terminating Customer’s Account.
20. SERVICE DISTINCTIONS. Customer acknowledges and understands that the Voice Service is not a traditional telecommunications service and Company provides it on a best efforts basis. Things beyond Company’s control may affect the Voice Service, such as power outages, fluctuations in the Internet and Customer’s underlying broadband service. Other things may affect Voice Service, such as maintenance. Company will act in good faith to minimize disruptions to Customer’s use of and access to Voice Service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telecommunications service and the Voice Service offering that Company provides. The Voice Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect Customer’s rights of redress before regulatory agencies.
21. OWNERSHIP AND RISK OF LOSS. Customer will use the Voice Device, and bear all risk of loss of, theft of, casualty to or damage to the Voice Device, from the time it is provided to Customer until the time (if any) when it is returned by Customer pursuant to this Schedule and has been received by Company.
22. NO 0+ OR OPERATOR ASSISTED CALLING; MAY NOT SUPPORT X11 CALLING. The Voice Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, or 900 calls). The Voice Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
23. RIGHT TO MONITOR. Company has no obligation to monitor the use of the Voice Service, but reserves the right to do so from time-to-time, and may disclose information regarding use of the Voice Service if it believes, in its sole discretion, that it is reasonably necessary or appropriate to do so, including, without limitation, in order for Company to satisfy any legal requirements or requests, to operate the Voice Service properly, or to protect itself and its customers.
24. HOME SECURITY SYSTEMS. The Voice Service may not be compatible with home security systems. Customer may be required to maintain a telephone connection through Customer’s local exchange carrier in order to use any alarm monitoring functions for any security system installed in Customer’s home. Customer is responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Voice Service.
25. CERTAIN BROADBAND, CABLE MODEM, AND OTHER SERVICES. Customer acknowledges that the Voice Service presently is not compatible with AOL cable broadband service and certain versions of TiVO, and there may be other services with which the Voice Service may be determined to be incompatible. Customer further acknowledges that some providers of broadband service may provide modems that prevent the transmission of communications using the Voice Service. Company does not warrant that the Voice Services will be compatible with all broadband services and expressly disclaims any express or implied warranties regarding the compatibility of the Voice Service with any particular broadband service.
26. NOTICES. Company will provide ten days advance notice prior to disconnection of Voice Service.
27. CHARGES FOR DIRECTORY CALLS (411). Charges for additional services may include operator and directory assistance.
28. NO WARRANTIES ON SERVICE. NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OF COMPANY WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE VOICE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO COMPANY’S OR CUSTOMER’S TRANSMISSION FACILITIES OR VOICE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF COMPANY’S OR ITS SERVICE PROVIDER’S NEGLIGENCE.
29. ACCEPTANCE. In the event a statute, regulation or other rule of law requires the information relating to this transaction for Voice Services be in written hard print or paper form, then Company and Customer agree to the following additional and different terms:
(a) After Customer consents to this Agreement, and upon Customer’s request, at no charge, Customer has the option to have this Agreement provided to Customer in paper or other non-electronic form by contacting Company at [email protected] or 855-438-1009.
(b) Customer may withdraw Customer’s consent to have this Agreement in electronic form at any time by providing Company with ten (10) days written notice of termination by certified mail return receipt. However, by terminating consent, Customer agrees to pay a liquidated damages penalty in an amount to cover the expense and time Company invested in establishing Customer’s Voice Service. Further, Customer agrees for Company to terminate its Voice Services to Customer upon its receipt of the notice of termination. Further, Customer acknowledges Customer is bound by the terms of this Agreement even after Company terminates Customer’s Voice Services. Customer’s withdrawal of consent must include Customer’s name, address, phone number, e-mail address and date. This provision only applies to Voice Services to the extent of its application as provided above.
30. SUBCONTRACTORS. Customer understands, acknowledges, and agrees that from time-to-time during the term of this Agreement Company may, in its sole and absolute discretion, delegate performance of some or all of its rights and obligations hereunder to third parties selected by Company. Customer hereby consents to such subcontracting activity, provided that Company shall remain accountable to Customer for the performance of any such obligations.
31. PRECEDENCE. In the event of a conflict between the terms of the Agreement and the terms of this Schedule, the terms of the Agreement shall govern.
32. LETTER OF AUTHORIZATION. Customer hereby appoints Company to act as its authorized agent for all matters pertaining to the number(s) provided to Company by Customer pursuant to Customer’s purchase of the Voice Service. This agency includes disconnections of Voice Service and other requests as deemed necessary by Company to implement the Voice Services ordered from Company, including but not limited to: (1) securing information for activating, porting disconnecting, editing and transferring Voice Service for Customer, (2) securing information for the purposes of resolving technical issues for Customer, and (3) securing information for activating, removing, changing and editing Customer’s directory listings.
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