Frontier Residential High-Speed Internet Terms and Conditions
About These Terms and Conditions
THIS NOTICE DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH FRONTIER WILL PROVIDE ITS CUSTOMERS WITH HIGH SPEED INTERNET SERVICE ("High Speed Internet Service" or "Service"). BY USING FRONTIER HIGH SPEED INTERNET SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU SIGNED AN AGREEMENT WITH A PHYSICAL OR ELECTRONIC SIGNATURE, THAT AGREEMENT SUPERSEDES ANYTHING INCONSISTENT IN THESE TERMS AND CONDITIONS.
Bundled Or Discounted Term Arrangements For High Speed Internet
Frontier provides discounted term arrangements for Frontier High Speed Internet Service to its customers that commit to a term contract arrangement. If you are a bundled or discounted term customer, you must continue to purchase the Services for a minimum term agreed upon to receive the discounted rates. If you do not fulfill the minimum term commitment or any renewal thereof, you will be liable for and agree to pay a termination charge that you agreed upon when you ordered service from Frontier. We may consider a change in your Service address or the location at which any Service is provided as a termination of Service.
High Speed Internet Service Charges
The applicable charges for the High Speed Internet Service are identified at the time Service is ordered. Unless otherwise prohibited by law or the rates for Service are guaranteed by a contract with Frontier, Frontier may, in its sole discretion, change or modify the rates you are charged for High Speed Internet Service at any time. We may notify you of any such changes by posting notice of such changes on this website or sending notice via e-mail or postal mail or on your bill. If you continue to use the Service after notice of such change you accept any such modification. If you do not agree to any modification made by Frontier, you must stop using the Service and notify Frontier.
Payments
Frontier will bill you monthly for all charges associated with the Service. Payment in full is due no later than the due date indicated on your bill. You are responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in connection with these Services. If you have authorized payment for services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason. We may accept late payments, partial payments or any payments marked as being "payment in full" or as being settlement of any dispute without losing any of our rights under this agreement. You agree to pay costs and fees we incur to collect any unpaid balance from you including attorney's fees. A reasonable handling charge, not less than $10.00, will be assessed for all checks returned for insufficient funds, closed account or any other insufficiency or discrepancy. Interest at the rate of 1.5% per month (unless a lower rate is prescribed by law, in which event at the highest rate allowed by law) may be applied in accordance with Frontier's standard credit policy to any unpaid amount commencing 20 days after the statement date. This late payment fee will be in addition to and not in lieu of any other remedies we may have hereunder or under the law. If we do not receive notice of a payment dispute within 90 days after your receipt of a bill, the bill will not be subject to further challenge.
High-Speed Internet Access Service
Customers may not resell High Speed Internet Access Service ("Service") without a legal and written agency agreement with Frontier. Customers may not retransmit the Service or make the Service available to anyone outside the premises (i.e., wi-fi or other methods of networking). Customers may not use the Service to host any type of commercial server.
Customers must comply with all Frontier network, bandwidth, data storage and usage limitations. Customers must ensure that their use of the Service, including the amount of data sent or received in the course of a month or shorter periods, does not exceed the limitations that are now in effect or may be established in the future. Continued use of the Service will constitute acceptance of any new limits. If Customer's use of the Service exceeds the applicable limitations, that is a violation of these Terms and Conditions. In such cases, Frontier may, in its sole discretion, terminate or suspend Customer's Service account or request that Customer subscribe to a version of the Service with higher usage limitations if Customer wishes to continue to use the Service at higher usage levels.
Service Is Subject To Availability and Compatible Equipment
High Speed Internet service is subject to availability and technical line qualification. Installation options vary and charges may apply. In order to utilize High Speed Internet service, you must have a computer with a minimum of the following Internet-compatible equipment and software:
- A Frontier or Citizens telephone line
- A telephone line that is qualified for High-Speed Internet service (this is done through the Customer Service office)
- A personal computer with Windows 2000, XP, Vista or a Macintosh OS X or higher
- Browser software such as Netscape Communicator 4.7 or Microsoft Internet Explorer 5.5 or higher
- Pentium 233Mhz or above processor
- 32 MB RAM (64 MB RAM preferred )
- 125 MB free hard disk space
- A working Ethernet card
- A working CD-ROM drive
- An account with an ISP that supports Frontier High Speed Internet service
Equipment and Security
All equipment provided by us or installed by or on our behalf remains the property of Frontier. You must return all equipment in the same condition as when provided, normal wear and use excepted, upon termination of Service. Failure to do so will result in a charge to be determined with reference to Frontier's then current schedule of equipment charge. You agree to pay such charge whether such equipment is lost (through theft or otherwise) or destroyed.
You are responsible for the security of your computer, hardware, software applications, data and files. Frontier shall have no liability for any damage or loss to your computer, hardware, software applications, data and files. We make no representation or warranty that any software or content installed on your computer(s) or downloaded with the Service does not contain a virus or other harmful feature and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware of yours from damage to its software, files or data as a result of any such virus or other harmful feature.
Limitation Of Liability
We will not be liable for interruptions in Services caused by failure of your hardware or software, failure of communications services, power outages, or other interruptions not within the complete control of Frontier, including, but not limited to: acts of God; acts of the public enemy; acts of the United States, a state or other political subdivision; fire, floods or other natural disasters; accidents; wars; labor disputes or shortages; and inability to obtain material, power, equipment or transportation.
OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY'S FEES.
No Warranties
We make no representation or warranty regarding the actual speed of High Speed Internet or other Services provided by Frontier. Actual speed may vary and depend on several factors, including Customer location, equipment, and traffic on the Internet. Speed comparisons to dialup based on average download speeds of 28 Kbps and 56 Kbps modems.
WE MAKE NO WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Indemnification Of Frontier
You agree that Frontier will not be liable or responsible for any third-party claims or damages that arise from your use or another person's use of the Services or Internet access, further, you agree to reimburse us for all costs and expenses related to the defense of any such claims, including attorney's fees. This provision will continue to apply after the Agreement ends.
Termination
We may discontinue or terminate Service:
- If you do not honor any provision of this Agreement (including payment obligations to Frontier for these or any other services).
- If you use the Service in a manner that adversely affects service to other customers or harasses our customers or employees.
- If you or others use the Service to engage in fraud or unlawful conduct or are suspected of doing so.
- Any regulatory agency, legislative body or court restricts or otherwise prevents Frontier from furnishing Service. If we do not remedy any ongoing breach of the terms and conditions in this Agreement within thirty (30) days after Frontier's receipt of written notice from you of such breach, you may terminate the Service, which is your exclusive remedy for a breach by Frontier.
Internet Acceptable Use Policy
You agree not to use or to allow others to use the Service, for illegal or inappropriate activities, including but not limited to invading another person's privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. You agree to comply with Frontier's Acceptable Use Policy ("AUP"), which Frontier may modify at any time. The current AUP is available for review at the following address, subject to change:
www.FrontierOnline.com/policies/residential_aup
No Waiver
No waiver of any breach of this Agreement will be deemed a waiver of any future breach.
Severability
If any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
Governing Law
This agreement will be governed by the laws of the State where the Service is provided, without regard to its choice of law rules.
No Third Party Rights
This agreement shall not provide any third party with a remedy, claim or right of reimbursement.
Assignment
We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
Our Right To Make Changes
UNLESS OTHERWISE PROHIBITED BY LAW, WE MAY CHANGE PRICES, TERMS AND CONDITIONS AT ANY TIME BY GIVING YOU 30 DAYS NOTICE BY BILL MESSAGE, E-MAIL OR OTHER NOTICE, INCLUDING POSTING NOTICE OF SUCH CHANGES ON THIS WEB SITE, UNLESS THE PRICES, TERMS AND CONDITIONS ARE GUARANTEED BY CONTRACT. YOU ACCEPT THE CHANGES IF YOU USE THE SERVICES AFTER NOTICE IS PROVIDED.
Entire Agreement
These terms and conditions together with the service order and any specific agreement regarding a term commitment and price agreed upon by you and Frontier are the entire agreement between you and Frontier, which may only be amended as described above. These terms and conditions supersede any inconsistent or additional promises made to you by any of our employees or agents. If you have signed (including electronically) an agreement with Frontier including High-Speed Internet terms and conditions, in the event of a conflict between that agreement and this document, the signed agreement shall control.
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