Last modified: 2017-06-22
- Important Information Concerning This Agreement
- Payment; Charges
- Installation; Equipment and Cabling
- Use of Services; VNET Equipment and Software
- Special Provisions Regarding VolP Service
- Special Provisions Regarding Internet Service
- Support; Service and Repairs
- Service Interruptions; Force Majeure
- Review and Enforcement
- Term; Termination of Service
- Disclaimer of Warranty; Limitation of Liability
- Consent to Phone and Email Contact
- Transfer of My Phone Number(s)
- Interpretation; Severability
- Consent to Electronic Notice
- Effect of Applicable Law; Reservation of Rights
- Parental Control Device
- Conflicting Terms
(b) VNET reserves the right to modify the terms of this Agreement and/or prices for the Services and may discontinue or revise any or all other aspects of the Services in its sole discretion at any time by posting changes online. An online version of this Agreement, as so changed from time to time, will be accessible at www.velocity.net, www.vnetfiber.com, or another online location designated by VNET, or can be obtained by calling your local VNET office. Your continued use of the Services after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by VNET.
(c) VNET will provide notice of any significant change(s) in this Agreement. Any such changes shall become effective immediately except where applicable law requires a notice period, in which case the change will become effective at the end of the requisite notice period. Upon effectiveness of any change to any of these documents, your continued use of the Services will constitute your consent to such change and your agreement to be bound by the terms of the document as so changed. If you do not agree to any such change, you will cease using the Services and notify VNET that you are terminating your account.
In consideration of VNET’s provision of the Services that you have requested, subject to applicable law, YOU AGREE AS FOLLOWS:
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY VNET CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.
(b) “IPTV Service” means video and/or audio programming Services such as basic, standard, digital and premium Services, Services provided on a per-channel or per-program basis, pay-per-play, pay-per-view or VOD.
(c) “Computer” means the personal computer(s) located at my residence that will be used to access the INTERNET Service, as specified on the accompanying Work Order.
(d) “Customer Equipment” means any equipment provided by me including, but not limited to, a phone handset or equivalent, phone inside wire and outlets, a powered electrical outlet, and any other equipment provided by me for use in connection with the Services under this Agreement.
(e) “DVR” means a set-top box or other device enabled with a digital video recorder that is provided to me by VNET.
(f) “INTERNET Service” and “High Speed Data Service” mean the online content, features, functions and Services (which may include Internet access) of the ISP or OLP selected by me, as provided over VNET’s cable systems.
(g) “Including” or “include” shall mean inclusion, without limitation.
(h) “ISP” means the Internet service provider selected by me from among those offered now or in the future by VNET for the INTERNET Service.
(i) “Local Telephone Service” and “Long Distance Telephone Service” are set forth in the VNET tariffs on file with the appropriate federal and/or state regulatory agencies. In the event a question arises requiring an interpretation of the terms of service in this Agreement, the provisions found in the tariff will take precedence.
(j) “Me,” “My,” and “I” mean the account holder identified on the Work Order who is authorized by VNET to access and use the Services.
(k) “ONT” means Optical Network Terminal.
(I) “On-line Provider” or “OLP” means a provider of on-line content, features, functions and Services that are used in conjunction with my ISP Service (and whose service may be purchased with an ISP Service as part of a combined offering) but that does not itself provide Internet connectivity.
(m) “Price List(s)” means the prices, as maintained pursuant to a pricing schedule that may be updated from time to time, for which VNET offers Service in my jurisdiction.
(n) “Service” or “Services” means that service or those services provided to me by VNET, which may include IPTV Service, High Speed Data Service, Local Telephone Service, Long Distance Service, VolP Service and equipment based Services such as digital video recorder (DVR) Services.
(o) “Software” means the computer software, if any, licensed by ISP or OLP to me to access the INTERNET Service, or licensed by VNET to me to facilitate installation or use of my ISP’s service or any other Services. Software also refers to any executable code that may be included in, downloaded to, or utilized by, any VNET Equipment.
(p) “Subscriber Materials” means the handbooks, manuals and other guide materials provided by VNET or any third party (including my ISP or OLP) regarding use of the Services.
(q) “Subscriber Privacy Notice” means the Subscriber Privacy Notice described in Section 13(a), as it may be amended from time to time by VNET.
(s) “VNET”, ““VNET Fiber”, “Velocity Network, Inc.”, “Velocity.Net Communications, Inc.”, “Velocity.Net Video, Inc.”, or “we” means Velocity Network, Inc. d/b/a VNET Fiber and any of its affiliates and subsidiaries and their respective directors, officers, employees and agents, or any person or entity to whom VNET assigns this Agreement.
(t) “VNET Equipment” means any equipment provided by VNET to me including, but not limited to, wire, cable, cable conduit, splitters, junction boxes, converter boxes (also known as “set top” boxes), decoders, terminals, ONT’s, remote control units, multimedia terminal adapter (“ONT”) and any other equipment or materials provided to me by VNET for use in connection with the receipt of Services.
(u) “VOD” means video on demand.
(v) “VolP Service” means the provision of access to VNET’s Internet Protocol voice network and the public switched telephone network for the purpose of making and receiving local and/or long distance telephone calls and to access additional features and functions through VNET’s network.
(w) “Work Order” means the VNET work order provided to me in connection with the installation or commencement of my Service(s).
2. Important Information Concerning This Agreement
(a) This Agreement, as it may be amended from time to time, constitutes the entire agreement between VNET and me. This Agreement supersedes all previous written or oral agreements between VNET and me. I am not entitled to rely on any oral or written statements by VNET’s representatives relating to the subjects covered by these documents, whether made prior to the date of my Work Order or thereafter, and VNET will have no liability to me except in respect of its obligations as described in this Agreement and the other documents referred to above. The use of my Services by any person other than me is also subject to the terms of this Agreement.
(c) VNET will notify me of any significant change(s) in this Agreement. Any such changes shall become effective immediately except where applicable law requires a notice period, in which case the change will become effective at the end of the requisite notice period. Upon effectiveness of any change to any of these documents, my continued use of the Services will constitute my consent to such change and my agreement to be bound by the terms of the document as so changed. If I do not agree to any such change, I will immediately stop using the Services and notify VNET that I am terminating my Services account.
(d) My acceptance of Services constitutes my acceptance of the terms and conditions contained in this Agreement. In the event that a portion of my Services is terminated, or any aspect of it is changed, any remaining service or replacement service will continue to be governed by this Agreement.
3. Payment; Charges
(a) I agree to pay VNET for (i) all use of my Services (ii) installation and applicable IPTV Service charges, (iii) VNET Equipment, and (iv) all applicable local, state and federal fees, surcharges, and taxes. Charges for the Services are the sum of a base price as set forth on the applicable Price List(s) that I have received or have access to. I will be billed monthly in advance for recurring monthly charges. Other charges will be billed in the next practicable monthly billing cycle following use, or as otherwise specified in the applicable Price List(s). VNET may change both the fees and the types of charges (e.g., periodic, time-based, use-based) for my Services. If I participate in a promotional offer that requires a minimum time commitment and I terminate early, I agree that I am responsible for early termination fees associated with such promotion.
(b) If I receive VolP Service, the fees and charges for VolP Service begin to accrue on the Billing Commencement Date. I understand that if VNET installs my ONT, the Billing Commencement Date is the day of installation. I understand that if I self-install an ONT that VNET has shipped to me, the Billing Commencement Date is the earlier of (i) the day I install the ONT or (ii) five (5) days after the shipment date. I understand that if I self-install an ONT that I obtained from a source other than VNET, the Billing Commencement Date is the day my order for Service is entered into VNET’s systems. The option to self-install an ONT and/or to use a non-VNET-supplied ONT is subject to availability.
(c) Charges for installation of Services and related equipment available from VNET for a standard Services installation are as described in the applicable Price List(s). Non-standard installations, if available, may result in additional charges as described in the applicable Price List(s). In addition, I agree to pay charges for repair service calls resulting from my misuse of VNET Equipment or for failures in equipment not supplied by VNET.
(d) If my Services account is past due and VNET sends a collector to my premises, a field collection fee may be charged. The current field collection fee is on the price list or can be provided on request. I will also be responsible for all other expenses (including reasonable attorneys’ fees and costs) incurred by VNET in collecting any amounts due under this Agreement and not paid by me.
(e) All charges are payable on the due date specified, or as otherwise indicated, on my bill. I agree that late charges may be assessed, subject to applicable law, on amounts that are past due. My failure to deliver payment by the due date is a breach of this Agreement. The current late fees are on the price list or can be provided upon request and, if applicable, will not exceed the maximum late fees as set forth by applicable law. VNET reserves the right to change the late fees.
(f) I agree that if my Services account with VNET is past due, VNET may terminate any of my Services or accounts, including VolP Service, in accordance with applicable law. If I have a credit due to me or a deposit is being held on any account with VNET, I agree that the credit or deposit may be used to offset amounts past due on any other account I may have with VNET without notice to me. To reconnect any terminated Services, I may be required, in addition to payment of all outstanding balances on all accounts with VNET, to pay reconnect charges or trip charges (where applicable) and/or security deposits before reconnection.
(g) VNET may verify my credit standing with credit reporting agencies and require a deposit based on my credit standing or other applicable criteria. VNET may require a security deposit, or a bank or credit card or account debit authorization from me as a condition of providing or continuing to provide Services. If VNET requires a security deposit, the obligations of VNET regarding such security deposit will be governed by the terms of the deposit receipt provided by VNET to me at the time the deposit is collected. I agree that VNET may deduct amounts from my security deposit, bill any bank or credit card submitted by me, or utilize any other means of payment available to VNET, for any past due amounts payable by me to VNET, including in respect of damaged or unreturned Equipment.
(h) If I have elected to be billed by credit card, debit card or ACH transfer, I agree that I will automatically be billed each month for any amounts due under this Agreement. If I make payment by check, I authorize VNET and its agents to collect this item electronically. VNET may charge fees for all returned checks and account debit, bank card or charge card charge-backs. The current return/charge-back fees are listed in the list of charges on the applicable Price List(s) or can be provided on request. VNET reserves the right to change return/charge-back fees.
(i) If I subscribe to INTERNET Service, I acknowledge that, even if VNET is billing for the INTERNET Service, my ISP or OLP may require a bank or credit card or account debit authorization or other assurance of payment from me, including for charges for additional or continuing Services outside the INTERNET Service billed by VNET that are payable under the ISP Terms. I agree that VNET or ISP (and, if applicable, OLP) may bill any bank or credit card submitted by me to ISP or OLP, or utilize any other means of payment available to ISP or OLP for any past due amounts payable by me to VNET. I also agree that responsibility for billing for my INTERNET Service subscription may be changed between VNET and ISP or OLP upon notice to me.
(j) All use of my Services, whether or not authorized by me, will be deemed my use and I will be responsible in all respects for all such use, including for payment of all charges attributable to my account (e.g., for VOD movies, merchandise ordered via Internet, international long distance charges, etc.). VNET is entitled to assume that any communications made through my Services or from the location at which I receive the Services are my communications or have been authorized by me. I am legally responsible for all costs and charges associated with communications made through my Services or from the location at which I receive the Services whether made by me or a third party. My Services may contain or make available information, content, merchandise, products and Services provided by third parties and for which there may be charges payable to third parties (which may include my choice of ISP or OLP and/or entities affiliated with VNET). I agree that all such charges incurred by me or attributed to my account will be my sole and exclusive responsibility and agree to pay the same when due, and shall indemnify and hold harmless the VNET Parties for all liability for such charges. I agree that VNET is not responsible or liable for the quality of any content, merchandise, products or Services (or the price thereof) made available to me via the Services, for the representations or warranties made by the seller or manufacturer of any such item, or for damage to or injury, if any, resulting from the use of such item.
(k) I acknowledge that currently, and from time to time, there is uncertainty about the regulatory classification of some of the Services VNET provides and, consequently, uncertainty about what fees, taxes and surcharges are due from VNET and/or its customers. Accordingly, I agree that VNET has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, and/or to pay and pass them through to me. I further agree to waive any claims I may have regarding VNET’s collection or remittance of such fees, taxes and surcharges. I further understand that I may obtain a list of the fees, taxes and surcharges that VNET currently collects or passes through by writing to VNET at the following address and requesting same: Velocity Network, PO Box 9008, Erie, PA 16505; Attention: Legal Department – Subscriber Tax Inquiries.
(l) I agree that it is my responsibility to report VNET billing errors within 30 days from receipt of the bill so that service levels and all payments can be verified. If not reported within 30 days, I agree that the errors are waived.
4. Installation; Equipment and Cabling
(a) If I am not the owner of the house, apartment or other premises upon which VNET Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for VNET personnel and/or its agents to enter the premises for the purposes described in Section 4(d). I agree to indemnify and hold the VNET Parties harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys’ fees).
(b) I authorize VNET to make any preparations to the premises necessary for the installation, maintenance, or removal of equipment. VNET shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the VNET Equipment, except for damage caused by the gross negligence or willful misconduct on the part of VNET.
(c) The VNET Equipment at all times shall remain the sole and exclusive personal property of VNET, and I agree that I do not become an owner of any VNET Equipment by virtue of the payments provided for in this Agreement or the attachment of any portion of the VNET Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, VNET may, but shall not be obligated to, retrieve any associated VNET Equipment not returned by me as required under Section 4(f) below. VNET will not be deemed to have “abandoned” the VNET Equipment if it does not retrieve such equipment.
(d) I agree to provide VNET and its authorized agents access to my premises during regular business hours upon reasonable notice during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace, alter or disconnect or remove the VNET Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that VNET may have reasonable access to easements and VNET Equipment located on my grounds.
(e) VNET shall have the right to upgrade, modify and enhance VNET Equipment and Software from time to time through “downloads” from VNET’s network or otherwise. Without limiting the foregoing, VNET may, at any time, employ such means to limit or increase the throughput available through individual cable modems whether or not provided by VNET.
(f) If the Services are terminated, I agree that I have no right to possess or use the VNET Equipment related to the terminated Services. I agree that I must arrange for the return of VNET Equipment to VNET, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the VNET Equipment or schedule with VNET for its disconnection and removal, VNET may enter any premises where the VNET Equipment may be located for the purpose of disconnecting and retrieving the VNET Equipment. I will pay any expense incurred by VNET in any retrieval of the unreturned VNET Equipment. VNET may charge me a continuing monthly fee until any outstanding VNET Equipment is returned, collected by VNET or fully paid for by me in accordance with Section 4(g). The current fee is listed in the list of charges on the price list or can be provided on request.
(g) I agree to pay VNET liquidated damages in the amount demanded by VNET, but not to exceed that specified in the then-current Price List, for the replacement cost of the VNET Equipment without any deduction for depreciation, wear and tear or physical condition of such VNET Equipment if (i) I tamper with, or permit others to tamper with, VNET Equipment, (ii) the VNET Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the VNET Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such damage. I agree that these liquidated damages are reasonable in light of the problem of theft of IPTV Services; the ability of third parties to steal Services with unlawfully obtained VNET Equipment, causing loss of revenues for installation and service fees; and the difficulty in determining the actual damages that arise from the unauthorized tampering with, loss, destruction, or theft of VNET Equipment. I agree to return any damaged VNET Equipment to VNET.
(h) I agree that VNET may place equipment and cables on my premises to facilitate the provision of Services to me and to other locations in my area. The license granted under this Section will survive the termination of this Agreement until the date that is one year from the date on which I first notify VNET in writing that I am revoking such license.
(i) In order to use the VolP Service, I understand I am required to provide certain equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. I understand I may wish to provide a cordless phone if I live in an apartment or a similar multi-tenant dwelling. If VNET cannot get access to my inside phone wiring, I understand that I will need a cordless phone to use VNET’s Services throughout my dwelling. To use the VolP Service, I understand I will also need an ONT certified by VNET. I understand that I can lease an ONT from VNET, in which case it will be VNET Equipment (as defined below). Or, in some areas, I understand that VNET may permit me to use the Services with an ONT which I have purchased, in which case the ONT will be Customer Equipment. Depending on availability in my area, I understand I may have an option to install the ONT myself (“self-installation”) or to have VNET install it for me.
(j) VNET Equipment will at all times remain the property of VNET or its designee. I acknowledge that VNET Equipment is merely a means for VNET to provide me the Services and that VNET may remove or change it at its discretion. I acknowledge that I am not to use VNET Equipment for any purpose other than to use the Services in accordance with this Agreement. VNET will repair and maintain all VNET Equipment during the term of this Agreement. I acknowledge that I will not allow the VNET Equipment to be serviced by anyone other than VNET employees or agents. I acknowledge that I will not sell, transfer, lease, encumber, or assign all or any part of the VNET Equipment to any third party. If any VNET Equipment or part thereof is lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned, I agree to pay VNET the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its replacement. I acknowledge that I will not relocate VNET Equipment to any other location. At my request, VNET may relocate the VNET Equipment within the Premises for an additional charge, at a time agreeable to me and to VNET. If I change residences, I understand that I must contact VNET for information on whether the VNET Equipment and Services can be transferred to my new residence and what the relocation will cost. If I wish to disconnect the Services, I understand I must contact VNET for information on the necessary procedures and cost.
5. Use of Services; VNET Equipment and Software
(a) I agree that VNET has the right to add to, modify, or delete any aspect, feature or requirement of the Services (including content, price, equipment and system requirements). I further agree that my ISP (and, if applicable, OLP) has the right to add to, modify, or delete any aspect, feature or requirement of the Internet Service (including content, price and system requirements). If VNET changes its equipment requirements with respect to any Services, I acknowledge that I may not be able to receive such Services utilizing my then-current equipment. Upon any such change, my continued use of Services will constitute my consent to such change and my agreement to continue to receive the relevant Services, as so changed, pursuant to this Agreement. If I participate in a promotional offer for any Service(s) that covers a specified period of time, I agree that I am assured only that I will be charged the promotional price for such Service(s) during the time specified. I agree that VNET shall have the right to add to, modify, or delete any aspect, feature or requirement of the relevant Service(s), other than the price I am charged, during such promotional period.
(b) I agree that the Services I have requested are residential Services, offered for reasonable personal, non-commercial use only. I will not resell or redistribute (whether for a fee or otherwise) the Services, or any portion thereof, or charge others to use the Services, or any portion thereof. Among other things:
(c) If I receive IPTV Service, I agree not to use the Services for the redistribution or retransmission of programming or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of the Services to transmit or distribute the IPTV Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose. I acknowledge that programs and other materials that I receive as part of the IPTV Service remain part of the IPTV Service even if I record or capture all or a portion of any such program or material in a data file or on a hard drive, DVR or similar device.
(d) If I receive Local Telephone Service, Long Distance Telephone Service or VolP Service, I agree not to use the Services for telemarketing, call center, medical transcription or facsimile broadcasting Services or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of the Services to make available my VolP Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose. Also, I understand that I assume the risk of high-risk activities. I understand that VolP Services are not represented as fail-safe. I understand they are not designed for use in situations where error-free or uninterrupted service is essential. I acknowledge that I expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the Services could lead to material injury to business, persons, property, or the environment. I acknowledge that I will not service, alter, modify, or tamper with VNET Equipment or with the VolP Service, or permit any other person (not expressly authorized by VNET) to do so. I agree that the ONT and VolP Service will only be used at my service address appearing in VNET’s records. I understand and acknowledge that if I attempt to install or use the VNET Equipment or VolP Service at another location, the VolP Service, including but not limited to 911/E911, may fail to function or may function improperly. I understand and acknowledge that if I move the ONT or VolP Service to another location without complying with Section 4(k), I will be doing so in violation of this Agreement and at my own risk. I understand that if I violate any of the restrictions in Section 5(b), VNET reserves the right to terminate VolP Service immediately and without notice, leaving me responsible for all outstanding charges, which immediately become due and payable.
(e) VolP Service and VNET Equipment, including any firmware or software embedded in the VNET Equipment or used to provide the VolP Service, are protected by trademark, copyright, and/or other intellectual property laws and international treaty provisions. I understand that I am granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. I acknowledge and understand that I am not granted any other license to use the firmware or software embedded in the VNET Equipment or used to provide the VolP Service. I expressly agree that I will use the VNET Equipment exclusively in connection with the VolP Service. I acknowledge that I 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. If I decide to use VolP Service through an interface device not provided by VNET, which VNET reserves the right to prohibit in particular cases or generally, I warrant and represent that I possess all required rights to use that interface device with the VolP Service, including all software and firmware licenses. I acknowledge that I will indemnify and hold harmless VNET against any and all liability arising out of my use of such interface device with the VolP Service.
(f) If I receive Internet Service, I agree not to use the Internet Service for operation as an Internet service provider, for the hosting of websites (other than as expressly permitted as part of the Internet Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of any form of transmitter or wide area network that enables persons or entities outside the location identified in the Work Order to use my Services, whether or not a fee is sought, will constitute an enterprise purpose. Furthermore, if I use a wireless network within my residence, I will limit wireless access to the Internet Service (by establishing and using a secure password or similar means) to the members of my household.
(g) Theft or willful damage, alteration, or destruction of VNET Equipment, or unauthorized reception, theft or diversion of Services, or assisting such theft, diversion, or unauthorized reception is a breach of this Agreement and potentially punishable under law (including by way of statutory damages, fine and/or imprisonment). Nothing in this Agreement, including, Section 4(g) above, shall prevent VNET from enforcing any rights it has with respect to theft or unauthorized tampering of Services or VNET Equipment under applicable law.
(h) I will not, nor will I allow others to, open, alter, misuse, tamper with or remove the VNET Equipment as and where installed by VNET or use it contrary to this Agreement. I will not, nor will I allow others to, remove any markings or labels from the VNET Equipment indicating VNET ownership or serial or identity numbers. I will safeguard the VNET Equipment from loss or damage of any kind, including accidents, breakage or house fire, and will not permit anyone other than an authorized representative of VNET to perform any work on the VNET Equipment.
(i) I agree to be responsible for protecting the confidentiality of my screen names, passwords, personal identification numbers (PINs), parental control passwords or codes, and any other security measures made available, recommended or required by VNET. I also acknowledge that VNET’s Services may from time to time include interactive features, the use of which may result in the transmission to, and use by, VNET or certain third parties of information that may constitute personally identifiable information (as such term is used in the Communications Act of 1934) about me and for which VNET may be required, under the Communications Act of 1934, to obtain my consent. I agree that VNET may seek such consents (or indications of my election to “opt in” to certain VNET programs) electronically, including through the use of a “click through” screen.
(j) Any such consent or opt in election communicated through my Services or from the location at which I receive the Services may be treated by VNET as my consent or opt in election for the use of personally identifiable information.
(k) I agree that VNET has no liability for the completeness, accuracy or truth of the programs or information it transmits.
6. Special Provisions Regarding VolP Service
(a) CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF 911/E911. YOU AGREE TO ADVISE ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER VolP SERVICE OF THESE LIMITATIONS.
(b) VolP Service includes 911/Enhanced 911 dialing (“911/E911”) that may differ from the 911 or Enhanced 911 dialing furnished by other providers. As such, it may have certain limitations.
(c) I acknowledge that the voice-enabled MTA used to provide VolP Service is electrically powered and that the VolP Service, including the ability to access 911 Services and home security and medical monitoring Services, may not operate in the event of an electrical power outage or if my broadband cable connection is disrupted or not operating. I acknowledge that, in the event of a power outage in my home, any battery included in my voice-enabled MTA will enable back-up service for a limited period of time or not at all, depending on the circumstances, and that inclusion of the battery does not ensure that VolP Service will be available in all circumstances, and that performance of any battery is not guaranteed. I also acknowledge that, in the event of a loss of power that disrupts my local VNET cable system, the battery in my voice-enabled cable modem will not provide back-up service and VolP Service will not be available. I acknowledge and understand that my ONT may not have battery backup or another power source of its own.
(d) I agree that VNET will not be responsible for any losses or damages arising as a result of the unavailability of the VolP Service, including the inability to reach 911 or other emergency Services, or the inability to contact my home security system or remote medical monitoring service provider. I acknowledge that VNET does not guarantee that VolP Service will operate with my home security and/or medical monitoring systems, and that I must contact my home security or medical monitoring provider in order to test my system’s operation with the VolP Service. I agree that I am responsible for the cost of any such testing or any fees for configuring my home security or medical monitoring system to work with the VolP Service.
(e) The location and address associated with my VolP Service will be the address identified on the Work Order. I acknowledge that, under Section 4(k) and 5(d) of this Agreement, I am not permitted to move VNET Equipment from the location at the address in which it has been installed. Furthermore, if I move my voice-enabled cable modem to an address different than that identified on the Work Order, calls from such modem to 911 will appear to 911 emergency service operators to be coming from the address identified on the Work Order and not the new address.
(f) I agree to provide VNET and its authorized agents with access to my telephone inside wiring at the Network Interface Device or at some other minimum point of entry in order to provide Local Telephone Service, Long Distance Telephone Service or VolP Service over my existing in-home wiring.
(g) I acknowledge that VolP Service may not be compatible with certain data transmission Services, including but not limited to fax transmissions and dial-up Internet access and that I may be required to maintain a separate telephone line, not provided by VNET, in order to access such Services.
(h) For 911/E911 to work in accordance with VNET’s specifications, I understand that VNET must have a correct service address for the location of my ONT. I understand that if I do not provide the correct address when I register for VolP Service or if I relocate my ONT to a new address and do not register the new address with VNET, 911/E911 may fail in two ways: (i) 911/E911 calls may be misdirected to the wrong emergency authorities, and (ii) emergency authorities will be given the wrong address for the origin of my E911 calls. If I wish to relocate the ONT and continue to use VolP Service including 911/E911, I understand that I must comply with Sections 4(k), seek authorization for VolP Service at my new service address (if available), and update my service address with VNET. I understand 911/E911 may not function if VolP Service are interrupted for any reason, including but not limited to failure of my ONT, incorrect configuration of my ONT, a power outage, failure of our network or facilities, or suspension or disconnection of my services because of nonpayment.
(i) I ACKNOWLEDGE AND UNDERSTAND THAT VNET WILL NOT BE LIABLE FOR ANY VolP SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE VolP SERVICE, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE 911/ E911 FEATURE OR LIMITATIONS SET FORTH IN THIS AGREEMENT. I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS, AND ANY OTHER PROVIDER WHO FURNISHES SERVICES TO ME IN CONNECTION WITH THE VolP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, ME OR ANY THIRD PARTY OR USER OF VolP SERVICE RELATING TO THE FAILURE, OUTAGE OR MALFUNCTION OF THE VolP SERVICE, INCLUDING THOSE RELATED TO 911/E911 OR THE FAILURE, OUTAGE OR MALFUNCTION OF THE VNET EQUIPMENT OR FACILITIES.
7. Special Provisions Regarding Internet Service
(i) I acknowledge that material posted or transmitted through the Internet Service may be copied, republished or distributed by third parties, and that the VNET Parties will not be responsible for any harm resulting from such actions.
(ii) I grant to VNET, and I represent, warrant and covenant that I have all necessary rights to so grant, the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display in any media all material posted on the public areas of the Internet Service via my account and/or to incorporate the same in other works, but only for purposes consistent with operation and promotion of the Internet Service.
(iii) I agree that unsolicited email, or “spam,” is a nuisance and that VNET is entitled to establish limits on the volume of email that I send. Such volume limits may be set by reference to a number of emails per day, week, month or year.
(c) I acknowledge that the ISP Service provides a connection to the Internet that may be unfiltered, and that the VNET Parties neither control nor assume responsibility for any content on the Internet or content that is posted by a subscriber. Although VNET may make available certain parental control features, I acknowledge that such parental control features may not be entirely effective or foolproof and that, notwithstanding such features, I or members of my household may be exposed to unfiltered content.
(e) I agree that each Computer will need to meet certain minimum hardware and software requirements that will be specified for the INTERNET Service, and that such requirements may be changed from time to time by VNET.
(h) VNET will never ask for any payments related to copyright infringement. It’s possible you may receive an email or pop-up on your computer that accuses you of copyright infringement and may relate to a fake payment site used to collect credit card numbers.
(i) It is possible the copyright holder could take legal action against you. The copyright owner has made serious allegations against you. Copyright infringement is a violation of the law. And, willful infringement with intent to profit is also a federal crime. A copyright infringer could be subject to a $150,000 penalty for each infringement. You should consult your own attorney for legal advice. Click here to review the government’s summary of the Digital Millennium Copyright Act (DMCA).
(j) Also, VNET may have to suspend or disconnect your service as a result of repeat copyright infringements.
8. Support; Service and Repairs
(a) My Services include the right to request reasonable service and maintenance calls to check and correct problems with the Services. VNET will, at its own expense, repair damage to or, at VNET’s option, replace VNET Equipment, and otherwise attempt to correct interruptions of the Services, due to reasonable VNET Equipment wear and tear, or technical malfunction of the system or network operated by VNET. The Subscriber Materials contain details on contacting VNET for this support.
(b) I agree that I am responsible for all wiring, equipment and related software installed in my residence that is not VNET Equipment or VNET-licensed Software and VNET will have no obligation to install, connect, support, maintain, repair or replace any Computer, television, telephone or telephone answering device, audiovisual recording or playback device (e.g., VCR, DVR, DVD), audio equipment, any software, or any cable modem, cabling or other equipment (other than VNET Equipment or VNET-licensed Software). VNET will not support, repair, replace, or maintain any Network Interface Card, regardless of whether provided and installed by VNET.
(c) I agree that VNET has no responsibility for the operation of any equipment, software or service other than the Services, the VNET Equipment and the VNET-licensed Software. For instance, I acknowledge that certain commercially available televisions, converter boxes and recording devices, which may be identified by their manufacturers as “cable ready” or “digital cable ready,” may not be able to receive or utilize all available Services without the addition of a VNET converter box or other VNET Equipment for which a fee may be charged. If I receive INTERNET Service, VNET has no responsibility to support, maintain or repair any equipment, software or service that I elect to use in connection with the INTERNET Service, whether provided by my ISP, my OLP or a third party. For assistance with technical problems arising from such equipment, software or Services, I should refer to the Subscriber Materials for information regarding the technical support provided by my ISP or OLP or to the support area of the ISP or OLP or to the relevant third party’s material.
(d) If VNET determines that non-VNET cabling or equipment connecting my residence to VNET Equipment installed on the side of or adjacent to my residence (i.e., at a ground block) is the cause of a service problem, I agree that VNET may charge me to resolve such service problem. If available from VNET in my area, I may subscribe to a VNET service protection plan that covers service related calls within my residence. If any other support Services are available from VNET, such Services will be at additional charges as described in VNET’s price list.
9. Service Interruptions; Force Majeure
(a) I agree that VNET has no liability for delays in or interruption to my Services, except that if for reasons within VNET’s reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable channels is interrupted, (ii) there is a complete failure of the INTERNET Service or (iii) there is a complete failure of the VolP Service, VNET will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, VNET will issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event shall VNET be required to credit me an amount in excess of IPTV Service fees. VNET will make any such credit on the next practicable bill for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control.
(b) I acknowledge that VNET may conduct maintenance from time to time that may result in interruptions of my Services.
(c) The VNET Parties shall have no liability, except for the credit as set forth in Section 9(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather.(d) VNET is only obligated to provide the above-referenced credits for loss of INTERNET Service if VNET is billing me for the INTERNET Service at the time of the outage.
10. Review and Enforcement
(c) I agree that VNET shall have the right to take any action that VNET deems appropriate to protect the Services, VNET’s facilities or VNET Equipment.
11. Terms; Termination of Service
(a) This Agreement will remain in effect until terminated by either party or superseded by a revised Subscription Agreement.
(b) Either VNET or I may terminate all or any portion of my Services at any time for any or no reason, in its sole discretion, in accordance with applicable law and the terms of any marketing offer(s) specified in this Agreement.
(c) If I am moving or wish to terminate all or any portion of my Services for any reason, I will notify VNET by phone, by mail, or electronically as instructed in the Subscriber Materials in order to set up a disconnect appointment and provide VNET with access to my premises to disconnect the relevant Services and recover the VNET Equipment specified on the Work Order on a DATE PRIOR TO the last day of residency. This also applies if I am receiving a period of free or discounted Services. In other words, at the end of the free or discounted period, VNET is entitled to begin billing me for the usual charges associated with the relevant Services unless I take the appropriate steps to terminate the Services as described in this paragraph. If I wish to transfer my phone number to another provider, I will follow the procedures in Section 17. All applicable fees and charges will accrue until the date of termination, but VNET will refund all prepaid monthly service fees charged for Services after the date of termination (less any outstanding amounts due VNET for the Services, affiliate services, equipment, or other applicable fees and charges).
(d) I cannot terminate my Services by writing “Canceled” (or any other messages) on my bill or check, or by making a disconnect appointment that does not result in VNET’s physical recovery of the VNET Equipment. In addition, I agree that any restrictive endorsements (such as “paid in full”), releases or other statements on or accompanying checks or other payments accepted by VNET shall have no legal effect.
(e) VNET may suspend Service or terminate this Agreement for any reason. I understand that if VNET suspends Service or terminate this Agreement, VNET will give such notice as provided by applicable law, if any. I understand that if VNET suspends Service or terminate this Agreement for a reason other than my violation of this Agreement, all applicable fees and charges will accrue until the date of suspension or termination, but we will refund all prepaid monthly service fees charged for Services after the date of termination (less any outstanding amounts due VNET for the Services, affiliate services, equipment, or other applicable fees and charges). I understand and acknowledge that all VNET VolP Service, including 911/E911, will be disabled because of termination of my account.
12. Disclaimer of Warranty; Limitation of Liability
(a) I AGREE THAT THE SERVICES ARE PROVIDED BY VNET ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. VNET MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE VNET EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, I AGREE THAT MY USE OF THE INTERNET SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENTAND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT MY SOLE RISK. I FURTHER AGREE THAT VNET IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON MY DVR.
WITHOUT LIMITING THE FOREGOING:
(i) ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY VNET AND/OR ISP AND/OR OLP AND/OR ANY LONG DISTANCE PROVIDER TO ME THAT ARE NOT PART OF THE SERVICES AS DEFINED HEREIN ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND THE VNET PARTIES HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH PRODUCTS OR SERVICES; AND
(ii) NONE OF THE VNET PARTIES MAKES ANY WARRANTIES AS TO THE SECURITY OF MY COMMUNICATIONS VIA VNET’S FACILITIES OR THE SERVICES (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE SERVICES, OR OUTSIDE THE SERVICE TO OR THROUGH THE INTERNET), OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR MY COMPUTERS(S) OR ONLINE (INCLUDING VOICE) COMMUNICATIONS. I AGREE THAT NONE OF THE VNET PARTIES WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. I HAVE THE SOLE RESPONSIBILITY TO SECURE MY COMPUTERAND ONLINE (INCLUDING VOICE) COMMUNICATIONS.
(b) I ACKNOWLEDGE THAT VNET’S OR MY INSTALLATION, USE, INSPEC-TION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE SERVICES, VNET EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO MY COMPUTER(S), TELEPHONES AND TELEPHONE ANSWERING DEVICES, TELEVISIONS, RECORDING AND PLAYBACK DEVICES, AUDIO EQUIPMENT, OR ANY CABLE MODEM, CABLING OR OTHER EQUIPMENT OR HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. I SHALL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER OR OTHER SOFTWARE OR DATA FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE VNET PARTIES, OR THEIR VENDORS, LICENSEES OR PROGRAMMERS, SHALL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY EQUIPMENT, SOFTWARE, HARDWARE, DATA OR FILES RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY AT-TEMPT TO REMOVE IT.
(c) EXCEPT FOR THE CREDIT AS EXPRESSLY PROVIDED IN SECTION 9(A), IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY VNET PARTY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES (INCLUDING THE CONTENT INCLUDED THEREIN OR THE SERVICES ACCESSED THEREBY) OR EQUIPMENT BE LIABLE FORANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THE USE OF OR INABILITY TO USE EMERGENCY 911 SERVICES, OR FORANYACTION TAKEN BY VNET TO PROTECT THE SERVICES OR THE BREACH BY VNET OF ANY WARRANTY.
(d) I AGREE THAT THE PROVISIONS OF THIS SECTION 12 SHALL APPLY TO ALL CONTENT OR SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICES, AND ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY, VNET.
(e) I UNDERSTAND THE LIMITATIONS IN THIS SECTION SHALL APPLY WHERE VNET MAKE AVAILABLE A DIRECTORY LISTING AND/OR PUBLICATION OPTION. IF (I)ANY PHONE NUMBER FOR WHICH I HAVE REQUESTED UNLISTED STATUS IS PUBLISHED IN ANY DIRECTORY; (II) ANY PHONE NUMBER FOR WHICH I HAVE REQUESTED NON-PUBLISHED STATUS IS INCLUDED IN ANY DIRECTORY, ANY DIRECTORY ASSISTANCE DATABASE, OR IS OTHERWISE DISCLOSED TO ANY UNAUTHORIZED PERSON; (Ill) ANY PHONE NUMBER WHICH I REQUESTED BE PUBLISHED OR LISTED IN ANY DIRECTORY OR DIRECTORY ASSISTANCE DATABASE IS NOT SO PUBLISHED OR LISTED, AND/ OR (IV) ANY PUBLISHED OR LISTED PHONE NUMBER CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE TOTAL LIABILITY OF VNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES, ITS/THEIR AGENTS, AND ANY OTHER PROVIDER IN CONNECTION WITH THE DESCRIBED ERROR OR OMISSION SHALL NOT IN THE AGGREGATE EXCEED THE MONTHLY CHARGES, IF ANY, WHICH I HAVE ACTUALLY PAID TO VNET TO LIST OR NOT TO LIST OR TO PUBLISH OR NOT PUBLISH THE NUMBER FOR THE AFFECTED PERIOD. I ACKNOWLEDGE THAT I SHALL HOLD VNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES, ITS/ THEIR AGENTS, AND ANY OTHER PROVIDER WHO FURNISHES SERVICES TO ME IN CONNECTION WITH THIS AGREEMENT HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE ERRORS AND OMISSIONS DESCRIBED ABOVE.
(a) My privacy interests, including my ability to limit disclosure of certain information to third parties, are addressed by, among other laws, the Communications Act of 1934, as amended, and the Electronic Communications Privacy Act. Personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in the Subscriber Privacy Notice delivered to me by VNET. I acknowledge receipt of the Subscriber Privacy Notice, which is deemed to form a part of this Agreement, as it may be amended from time to time.
(b) I agree that, in addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, VNET shall have the right (except where prohibited by law notwithstanding my consent), but not the obligation, to disclose any information to protect their respective rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. I consent to such actions or disclosures.
(c) If I am a Local Telephone Service, Long Distance Telephone Service and/or VolP Service customer, I consent to VNET’s disclosure of my name, address and/or telephone number to the general public in connection with Caller ID functions, telephone directories, and 411 and 911 Services. I also consent to VNET’s disclosure of personally identifiable information to the telephone companies serving those end users to whom I make calls so that the calls can be completed. If I wish to have VNET remove this information from one or more of these Services, I understand that I may notify VNET to do so, subject to any applicable fees.
14. Consent to Phone and Email Contact
(a) I consent to VNET calling the phone numbers I supply to it for any purpose, including the marketing of its current and future Services. I agree that these phone calls may be made using any method, including an automatic dialing system or an artificial or recorded voice. Upon my request, the phone numbers I have previously provided will be removed from VNET’s phone marketing list. I can make this request by calling or writing my local VNET office and asking to be placed on VNET’s Do Not Call List.
(b) I acknowledge that being included in any state or federal “do not call” registry will not be sufficient to remove me from VNET’s phone marketing list.
(c) I consent to VNET emailing me, at any email address, including that of a wireless or mobile device, that I provide to VNET (or that VNET issues to me in connection with the INTERNET Service), for any purpose, including the marketing of VNET’s current and future Services. If my wireless or mobile provider charges me for receipt of such messages, I acknowledge and agree that I am responsible for paying such charges. I may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing my local VNET office.
EXCEPT FOR CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRARINESS OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD VNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES, ITS/THEIR AGENTS, AND ANY OTHER PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO ORARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR AND YOUR USERS’ USE OF THE SERVICES OR ANY VNET EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OR DAMAGES ARISING OUT OF THE MALFUNCTION OR LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. YOU AGREE THAT VNET SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES OR THE VNET EQUIPMENT. FURTHERMORE, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS.
17. Transfer of My Phone Number(s)
(a) I understand that if I am switching to VNET’s Local Telephone Service or VolP Service from another service provider, I may transfer my existing phone number (if any) to VNET’s Local Telephone Service or VolP Service, provided that: (i) I request the phone number transfer when I place my order for VNET’s Local Telephone Service or VolP Service; (ii) my current service provider releases my existing phone number, at our request, without delay or charge; (iii) the transfer of my existing phone number to VNET’s Local Telephone Service or VolP Service would not, in VNET’s view, violate applicable law or VNET’s processes and procedures; (iv) when applicable, I acknowledge and agree that if my ONT is set up before the date that the number transfer becomes effective (“Port Effective Date”), I may only be able to make limited outgoing calls over the phone that I have connected to the ONT. In that event, I understand I should keep another phone connected to an existing phone extension at my service location to receive incoming calls until the Port Effective Date, after which I will be able both to make and to receive calls using VNET Service; and (v) I acknowledge and agree that to avoid an interruption in my phone service, it is extremely important that I have the phone or ONT installed on or before the Port Effective Date. I understand that my existing phone service for the number I am transferring will be disconnected on the Port Effective Date; I understand that if my ONT or phone is not yet activated, I will not have access to our VolP or Local Telephone Services. I acknowledge therefore, I will not have VolP or Local Telephone Service for that phone number. VNET will provide me with an estimate of the Port Effective Date at the time of service ordering or via e-mail following my completion of the ordering process.
(b) I understand that in order to transfer my phone number from VNET to another service provider, I must terminate Local Telephone Service or VolP Service and place the transfer order through my new service provider (and not through VNET). I understand that VNET will release my phone number to my new service provider, provided that (i) my new service provider requests the transfer upon termination of my account; (ii) my new service provider is willing to accept transfer of the phone number without delay or charge; and (iii) transfer of my existing phone number to the new service provider would not, in our view, violate applicable law or our processes and procedures.
18. Interpretation; Severability
This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable License or Franchise Agreement between a governmental authority and VNET. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect.
19. Consent to Electronic Notice
I understand that my Services are being provided only to the location identified on my Work Order and that I am not allowed to transfer all or any portion of the Services, or VNET’s Equipment, to any other person, entity or location, including a new residence. I agree that I may not assign or transfer this Agreement. VNET may transfer or assign any portion or all of this Agreement at any time without notice to me, and I waive any such notice which may be required.
21. Effect of Applicable Law; Reservation of Rights
22. Parental Control Device
I acknowledge that I have been advised of the availability of VNET’s parental control device which can filter or block certain programming. Additional information about the device is available at the VNET contact number in the Subscriber Materials.
23. Conflicting Terms
In the event of a conflict in the terms and conditions between this Services Subscriber Agreement and the accompanying Work Order, then the terms and conditions of this Services Subscriber Agreement shall control.