West Virginia Terms of Service & Equipment User Agreement
This Services Agreement (“Agreement”) provides the terms under which CAS (“CAS”) will provide Digital Phone Service, Internet and/or Digital Cable, including high-definition and DVR, (“Service”) described on the accompanying Work Order and CAS equipment to you (“Customer”). This Agreement contains information about the Services and the relationship between Customer and CAS. This Agreement becomes effective on the date of the installation reflected on the Work Order, or as otherwise agreed to by CAS and the Customer. Customer’s use of the Service will be deemed acknowledgment that you have read and agreed to these terms of service. CAS Network Management details are posted and will be updated on
(a) “Agreement” means this CAS Service & Equipment User Agreement, as it may be amended from time to time by CAS.
(b) “Applicable Tariff” means any tariff filed by CAS and incorporated herein by reference.
(c) “CAS Equipment” or “Equipment” is as defined in Section 5.
(d) “CAS Parties” means CAS and its corporate officers, employees and agents.
(e) “Parties” means CAS and you the Customer, collectively.
(f) “Service” means the CAS Digital Phone Service, Internet and/or Digital Cable, including high-definition and DVR.
(g) “Software” means the computer software, if any, licensed by CAS to you to access the Phone Service or Internet, or licensed by CAS to you to facilitate installation or distribution of the Phone Service or Internet.
(h) “Subscriber Materials” means the handbooks, manuals and other guide materials provided by CAS to you regarding use of the Digital Phone Service, Internet and/or Digital Cable.
(i) “Subscriber Privacy Notice” means the Subscriber Privacy Notice described in Section 12, as it may be amended from time to time by CAS.
(k) “You” or “your” or “Customer” means the subscriber account holder authorized by CAS to access and use CAS Digital Phone Service, Internet, and/or Digital Cable.
(a) This Agreement, in addition to the documents described herein, establish the terms and conditions governing CAS’ provision of Digital Phone Service, Internet Service, and/or Digital Cable Service to you. The Parties agree that the CAS Subscriber Privacy Notice, the CAS price list, and/or any applicable tariff(s) filed by CAS at your state Public Service Commission or appropriate regulatory body are incorporated by reference into this Agreement. To the extent that the terms of such tariff(s) conflict with the terms of this Agreement the Parties agree that the terms of this Agreement will prevail. CAS is not bound by any other representation, warranty, term or condition, or statements or agreements made by any employee or agent of CAS, other than as specifically described in this Agreement. This Agreement may be terminated by CAS at any time for any reason.
(b) CAS may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on the CAS website (currently located at ). Such changes will become binding on Customer on the date posted to the CAS website and no further notice by CAS is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service. If the customer does not consent to changes of service to this agreement and terminates the service, the customer will be responsible for any sums due hereunder in addition to any applicable disconnection fees.
(c) Use of Service and Equipment:
Residential Use of Service and Equipment. If you have subscribed to CAS’ residential services, the Service and Equipment are provided to you as a residential user only, for your personal, residential, non-business and non-professional use. You agree that except as otherwise expressly provided in this Agreement, all terms and conditions of the Cable Television Service Agreement (including, without limitation, the disclaimer of warranty in such agreement(s)) will also govern the Digital Phone Service, Internet Service and/or Digital Cable Service, to the extent applicable.
Business Use of Service and Equipment/Prohibition on Resale. If you have subscribed to CAS’ business services, the Service and Equipment are provided to you as a business user. This means that you will not resell or transfer the Service or Equipment to any other person for any purpose, without prior, express written permission from CAS. You agree that the CAS Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. CAS reserves the right to immediately terminate or modify the Service if CAS determines, in its sole discretion, that the Service is being used for any of the aforementioned activities.
(d) In order to receive the Service all of your accounts with CAS must be paid to current. You agree that the nonpayment of charges due for your CAS Phone Service, and/or cable broadband service, and/or cable television service, may result in disconnection of the Phone Service.
(e) To avoid a disruption of home voice service during a power outage – and to maintain the ability to connect to 911 emergency services – we at CAS Cable offer you the option of purchasing backup power for your home phones. Additional backup batteries in 8 hour increments with a maximum of 2 additional batteries for a total of 24 hours of backup power for your home phones.
CAS Cable’s backup batteries allow you to continue to use your home voice services during a power outage. (Applies to directly connected land line phones only.) Without a backup battery or alternate backup source such as a generator, customers will not be able to make any calls, including emergency calls to 911. The only way to maintain the ability to use your phone is by using some form of backup power. Our backup battery does not provide power to any services other than voice. Home security systems, medical monitoring devices and other equipment will not run on a home phone backup battery.
If you are concerned about being able to contact 911 emergency services during a power outage, backup batteries may be a good option for you. You can purchase backup batteries directly through CAS Cable by calling us at 304-420-2470, or stop by our business office. 8 hour backup batteries for DOCSIS 3.0 modems cost $19.95, 8 hour backup batteries for DOCSIS 3.1 modems cost $69.95 and can be picked up at our business office. If you do not feel comfortable installing your own battery, please call us to make an appointment, and we would be happy to assist you. However, please note that there will be a $50.00 charge for this service.
Backup batteries are expected to last at least 8 hours on standby power. The backup battery should give you up to 6 hours of talk time. If you feel that is not enough time, you may extend your standby power by purchasing additional 8 hour batteries. The backup battery is designed to provide power for voice use only.
Please follow the more detailed instructions included with your battery for proper use, storage and care of your battery to ensure that it will function as needed during a power outage. If you do not store your battery correctly, it may shorten its useful life. Environmental factors such as temperature can shorten your battery’s useful life. We recommend that you store your battery above 14°F and below 120.2°F. These batteries will only stay charged when attached to the main power supply unit provided. You should also periodically, as described in the instructions included with your battery, remove and test your battery to verify both the operation of the backup battery and its condition. Please contact CAS Cable for any questions you may have about the Backup Power Disclosure Rules.
3. EMERGENCY SERVICES - 911 DIALING
(a) 911 ACKNOWLEDGEMENT AND WARNING LABELS. END USER ACKNOWLEDGES THAT CAS’ EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME MANNER THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION 3 AND END USER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES WHO MAY PLACE CALLS USING END USER’S SERVICES OF THE 911 LIMITATIONS DESCRIBED HEREIN. CAS WILL PROVIDE END USER WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING. END USER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH PHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. IF ADDITIONAL LABELS ARE REQUIRED, END USER MAY REQUEST THEM FROM CAS. CAS WILL PROVIDE END USER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM END USER. BY AGREEING TO THESE TERMS OF SERVICE, END USER AGREES THAT CAS HAS ADVISED END USER OF THE CIRCUMSTANCES UNDER WHICH CAS E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. CAS URGES END USER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
(b) Registration of Physical Location Required.
(i) Location. For each phone number that you use for the Service, you must register with CAS the physical location where you will be using the Service with that phone number. IF you move Equipment to another location, you must immediately register your new location. If you do not register your new location, any call you make using the 911 Dialing feature WILL be sent to an emergency center near your old address. a CHANGE OF LOCATION MAY TAKE UP TO A WEEK TO REGISTER SUCH THAT YOUR 911 CALLS ARE SENT TO THE APPROPRIATE LOCATION. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by notifying CAS by calling 1-800-339-4002. For purposes of the 911 dialing feature, you may only register one location at a time for each phone line you use with the Service.
(ii) Permitted Locations. Please note that you will only be able to register locations in Wood and Jackson Counties.
(c) Moving Phone Locations. Although the Service and Equipment are designed to function properly if moved to a different physical location, CAS strongly recommends against taking your Equipment on vacation or otherwise using it in multiple locations. As reflected, unless you update the physical location of your Equipment, 911 calls may not be sent to an emergency center near the location from which you are calling.
(d) Service Outages.
(i) Service Outages Due to Power Failure or Disruption. 911 dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 dialing, will not function until power is restored.
(ii) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 dialing, from functioning.
(iii) Service Outage Due to Suspension or Termination of Your CAS Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 dialing, from functioning.
(iv) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 dialing feature, may not function. You acknowledge that CAS is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
(v) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all 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.
(vi) Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public Phone networks.
(vii) Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service
(e) Liability Limitations. You acknowledge that as described in this Agreement, and elsewhere, that CAS, its officers and/or employees will not be liable to you or any entity or person using CAS' Digital Phone Service for any direct, indirect, incidental, special or consequential damages, claim or loss arising out of your use or inability to use the Phone Service, including your use or inability to use or access E911 or 911 services. You hereby waive any and all such claims or causes of action, arising from or relating to E911 or 911 service unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes intentional misconduct on the part of CAS, its officers and/or employees. You agree to indemnify and hold harmless CAS and CAS Partner Companies from any claim or action arising out of any E911 or 911 calling limitations or failures, including but not limited to your failure to follow correct activation procedures for E911 or 911 calling or your provision to CAS of information in connection therewith.
(f) You expressly agree that you will not have the option of subscribing to a “long-distance only” service, nor will you be able to subscribe to a separate local, toll or long distance provider for use in conjunction with the Phone Service.
(g) You expressly agree that the Phone Service may not be compatible with home security systems and that, in order to maintain any necessary alarm monitoring functions, you may be required to maintain a Phone wire connection to the local Phone company.
(i) You represent and warrant that you are at least 18 years of age.
(j) You are responsible in all respects (including payment obligations) for all use of the Service under your account, whether or not you actually authorized the use. Your responsibility includes all calls to pay-per-call services, whether or not you actually authorized the call. You will be responsible for ensuring that all use of the Service under your account fully complies with this Agreement.
(k) You may not transfer all or a portion of your account, the Digital Phone Service or the CAS’ Equipment to any other person or entity, or to a new residence or other location.
(a) You agree to pay CAS for the following: (i) your recurring, monthly subscription fees for the Service, (ii) all usage-based charges, (iii) deposit(s), if any, and (iv) installation charges, if any. You also agree to pay all applicable local, state and federal fees and taxes. All charges are payable on the due date specified on the bill.
(i) Recurring monthly Services charges will be billed monthly in advance.
(ii) Charges based upon actual use of the Service will be billed in the next practicable monthly billing cycle following such use, or as otherwise specified in the price list.
(b) If you do not pay your bill by the due date on the bill, CAS can charge you an administrative fee. Payment for the Service must be received by CAS on or before the due date stated on the bill. Failure to deliver payment by the due date is a breach of this Agreement. CAS reserves the right to change the administrative fee amount at any time in the future upon notice to you of the new amount.
(c) The availability of the Service is dependent upon you maintaining current accounts with CAS for any services purchased from CAS. If your Digital Phone Service account or any other account with CAS is past due, CAS may terminate the Digital Phone Service upon notice to you as required by applicable law. If CAS temporarily disconnects your Digital Phone Service because you failed to pay for the service, CAS will provide the same level and quality of any 911 or E911 services you had access to prior to the temporary disconnection. If you continue to fail to pay your bill, your service will be permanently discontinued and CAS will stop providing you with 911/E911 service.
(d) If you cancel the Digital Phone Service or the cable modem service, or if CAS discontinue either service for any reason including non-payment, and you wish to reconnect either service, you may be required, in addition to payment of all outstanding balances on all accounts with CAS, to pay a reconnect charge (where applicable) before reconnection.
(e) CAS may verify your credit standing with credit reporting agencies in accordance with applicable laws and require a deposit based on your credit standing. Regardless of credit standing, CAS may require a bank or credit card, or account debit authorization from you.
(f) CAS will charge a service fee for all returned checks and account debit, bank card or charge card charge backs.
(g) You will also be responsible for all other expenses (including reasonable attorneys' fees) incurred by CAS in collecting any amounts due under this Agreement that you have failed to pay.
5. Installation; Equipment and Cabling.
(a) Installation and related equipment for a standard installation are described in CAS’ price list. Additional charges for a non-standard installation are also described in CAS’ price list.
(b) In order to provide you with the Phone Service, CAS will physically disconnect your existing service to the local Phone company. By accepting the Phone Service, you agree that CAS may disconnect your existing service to the local Phone company, and that CAS may disconnect, rearrange, splice or otherwise manipulate the existing Phone wiring on your premises on your behalf in order to connect the premises to the Phone Service. You authorize CAS to make any preparations to the premises necessary for the installation, maintenance, or removal of equipment.
(c) Any equipment provided by CAS to you and not purchased by you will be considered “CAS Equipment” (also referred to in this Agreement as “Equipment”) and will be subject to Section 4(h) below. Any cabling installed by CAS will remain the property of CAS except as otherwise required by applicable law.
(d) CAS will have no obligation to install, support, maintain, repair or replace any computer equipment, cable modem, phone, fax machine, cabling or other equipment that is not CAS Equipment.
(e) CAS and its authorized agents may enter your premises, access CAS Equipment and access your computer(s) periodically during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace or alter the Equipment, to install or deliver the Software, or to disconnect and remove the Equipment.
(f) CAS will have the right to upgrade, modify and enhance the CAS Equipment and Software from time to time through "downloads" from our network or otherwise.
(g) If you are not the owner of the premises at which Equipment and Software are to be installed, you warrant that you have obtained the consent of the owner of the premises for CAS personnel and/or its agents to enter the premises for the purposes described in this Section 5. You will indemnify and hold CAS harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.
(h) CAS Equipment and Cabling.
(i) The CAS Equipment not purchased by you is and at all times will remain the sole and exclusive personal property of CAS. You will acquire no ownership or other interest in this Equipment by virtue of payments made pursuant to this Agreement or the attachment of any portion of the Equipment to your residence or otherwise.
(ii) You will not open, alter, misuse, tamper with or remove the CAS Equipment, and you will leave it as it was and where it was when CAS installed it. You will not remove any markings or labels from the Equipment indicating CAS ownership or serial or identity numbers. You agree to safeguard the CAS Equipment from loss or damage of any kind, and (except for any self installation procedures approved by CAS) will not permit anyone other than a CAS authorized representative to perform any work on the CAS Equipment.
(iii) If and when your Service is disconnected or cancelled (for whatever reason) you agree that you no longer have the right to keep or use the CAS Equipment. In such event, you must return the Equipment in the same condition as when received, ordinary wear and tear excepted. You will promptly return the Equipment. If you do not promptly return the Equipment, CAS may enter any premises where the CAS Equipment may be located for the purpose of disconnecting and retrieving the CAS Equipment. Failure of CAS to remove its Equipment does not mean that CAS has abandoned the Equipment. If you fail to return the Equipment, you will pay any expenses CAS incurs in retrieving it. CAS may charge you a continuing monthly fee until any remaining Equipment is returned, collected by CAS or fully paid for by you in accordance with Section 4(h)(v). The current fee is listed in the list of charges on the price list can be provided on request.
(iv) If the CAS Equipment is damaged, destroyed, lost or stolen while in your possession, you are liable for the cost of repair or replacement of the Equipment. If the Equipment is not returned to or retrieved by CAS as described in Section 4(h)(iii) upon termination of the Phone Service, you will pay CAS, on demand, the collection fee for unreturned CAS Equipment provided in the price list and/or any applicable tariff(s) (without any deduction for depreciation, wear and tear or the physical condition of the Equipment).
(v) If you fail to return the Equipment, CAS can charge your bank account or credit card the amounts described in Sections 4(h)(iii) and 4(h)(iv), in addition to any other remedies or collection efforts. If CAS charges you a security deposit, our obligations regarding the security deposit will be governed by the terms of the deposit receipt provided to you at the time the deposit was collected.
(vi) If and when your Service is disconnected or cancelled, CAS may (but is not obligated to), remove any cabling installed by CAS on your premises, subject to applicable laws and regulations.
(i) Software. If CAS licenses any Software to you, you may only use this Software as described in this Agreement. You will not do, or allow anyone else to do, any of the following: any additional copying; any translation, reverse engineering or reverse compiling; or disassembly or modification of or preparation of any derivative works based on the Software. All of these activities are prohibited. If your Service is cancelled or disconnected, you will promptly return or destroy all Software provided by CAS and any related written materials.
6. Subscriber Conduct.
(a) You will not resell or redistribute (whether for a fee or otherwise) the Service, or any portion of the Service. You will not otherwise charge others to use the Service, or any portion of the Service.
(b) You will not use the Service for any unlawful purpose, or for any use which you have not obtained all required governmental approvals, authorizations, licenses, consents and permits. CAS may shut down your Service, without prior notice, if CAS finds, in our sole judgment, that your use is unauthorized or fraudulent.
(c) CAS may shut down your Service, without prior notice, if CAS finds, in our sole judgment, that your use of the Service is causing interference to others or you have tampered or allowed others to tamper with CAS Equipment. CAS may also shut down your Service, without prior notice, if there exist hazardous conditions that would make your continued use of the Service unsafe.
(d) You may not assign, or transfer in any manner, the Service or any rights associated with the Service without the prior written consent of CAS. CAS will permit you to transfer your Service to another person or entity if you have paid all charges owed to CAS. Such a transfer will be treated as a disconnection of existing Service and installation of new Service, and the non-recurring installation charges provided in the price list and any applicable tariff(s) will apply.
(e) If CAS determines, in our sole discretion that any Internet customer is utilizing an excessive amount of bandwidth when compared to similarly situated customers, CAS reserves the right to convert customer to a metered service, cancel or suspend customer’s Internet service. If service is terminated due to excessive usage, you will not be eligible for either residential or commercial Internet service for twelve months.
(f) Customer agrees to comply with the Children’s Online Privacy Protection Act of
1998 and all other applicable local, state, and federal laws designed to protect rights and privacy of children.
(g) Customer agrees that transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening, indecent or obscene, or material protected by trade secret. You agree not to use the Service, including but not limited to the cable modem and any software provided by us for any illegal, abusive or fraudulent purpose, or to achieve unauthorized access to any computer systems, software, data or other copyright or patent-protected material. If you do, you acknowledge that you may be referred by CAS to appropriate law enforcement agencies or possible termination of internet service per requirements of copyright holder.
(h) Customer agrees not to use the Service or cable modem for any illegal purpose, to achieve unauthorized access to another party or person’s computer systems, software, data or other copyright or patent-protected material (commonly referred to as "hacking"). You agree not to try and penetrate any computer system, in which you do not have authorization to do so. You agree not to intentionally interrupt the service of our network or use any tools designed to capture information illegally or compromise security. Your violation of any of these promises is grounds for immediate termination of Service.
(i) Customer agrees not to send unsolicited mail to our subscribers or any other groups or persons without our explicit written permission for each instance of communication. You further agree not to upstream-unsolicited distribution lists in e-mail or other mass unsolicited e-mail (commonly referred to as "spamming"). If a third party regarding the suitability of your content challenges us, we may, at our sole discretion, suspend your Service.
(j) Customer agrees not to use the Service to send, receive, or post any information that infringes on the trademarks, copyrights, patents, or trade secrets of others. If a third party regarding the suitability of your content challenges us, we may, at our sole discretion, suspend your Service.
(k) Customer agrees not use the Service to intentionally transmit computer viruses, worms, or any other malicious software code designed to harm others or their equipment. You also agree to do your best to limit any unintentionally spreading of computer viruses, worms, or any other malicious software code.
(l) Customer agrees not to intentionally cause or attempt to cause interruptions in the Service through the use of software programs or any other means. You agree not to try and disrupt CAS’ normal network operations or that of other entities.
(m) Customer agrees that if subscribing to the residential phone service that Customer phone usage will be consistent with typical residential voice usage. If CAS determines, in our sole discretion, that any residential phone customer’s usage is not typical compared to similarly situated customers, CAS reserves the right to convert customer to a “local” only service, cancel or suspend customer’s service. If service is terminated due to excessive usage, you will not be eligible for either residential or commercial phone service for twelve months.
7. Review and Enforcement.
(b) You agree that CAS will have the right to take any action that CAS deems appropriate to protect the Service or CAS’ facilities and CAS Equipment.
8. Support; Service and Repairs. CAS will repair damage to or, at our option, replace CAS Equipment, and otherwise attempt to correct interruptions of the Service, due to reasonable Equipment wear and tear, or technical malfunction of the CAS system or network, at our expense. The Subscriber Materials contain details on contacting CAS for this support. CAS has no other responsibility for support, maintenance or repair of any equipment, software or service, whether provided by a third party or you. For assistance with other technical problems, you should refer to the Subscriber Materials or the price list and/or any applicable tariff(s) for the Service. If any other support services are available from CAS, such services will be at additional charges as described in CAS’ price list and any applicable tariff(s).
9. Service Interruptions; Force Majeure. CAS will credit your account for interruptions in Service that are not due to (i) your negligence or noncompliance with this Agreement and/or your noncompliance with the price list and/or any applicable tariff(s) or (ii) the operation or malfunction of the facilities, power, or equipment that you have provided. Such credits will be provided according to the credit policy described in the price list and/or any applicable tariff(s) for the part of the service that the interruption affects. Any such credit will be refunded on the next practicable bill for the Service issued by CAS to you. The CAS Parties will have no liability, including as described in this Section 10, for interruption of the Service due to circumstances beyond its control, including (without limitation), acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
10. Disclaimer of Warranty; Limitation of Liability.
(a) YOU AGREE THAT THE SERVICE IS PROVIDED BY CAS ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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. CAS MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU FURTHER AGREE THAT ALL USE OF THE SERVICE IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE FOREGOING:
NONE OF THE CAS PARTIES MAKES ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA CAS’ FACILITIES OR THE PHONE SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR PHONE COMMUNICATIONS. YOU AGREE THAT NONE OF THE CAS PARTIES WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND PHONE COMMUNICATIONS.
(b) YOU UNDERSTAND THAT THE INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE SERVICE, EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO YOUR COMPUTER(S) OR OTHER HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE CAS PARTIES WILL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, HARDWARE, DATA OR FILES.
(c) EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN SECTIONS 7(a) AND 9 RESPECTIVELY, IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY CAS PARTY OR ANY PERSON OR ENTITY INVOLVED IN PROVIDING THE SERVICE OR EQUIPMENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PHONE SERVICE, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES, ANY ACTION TAKEN TO PROTECT THE SERVICE, OR THE BREACH OF ANY WARRANTY.
(d) YOU HEREBY AGREE THAT THE PROVISIONS OF THIS SECTION 10 WILL APPLY TO ALL SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICE, AND ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY, ALL OF THE CAS PARTIES.
(e) CAS SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: 1) ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; 2) EQUIPMENT, NETWORK OR FACILITY FAILURE; 3) EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION; 4) FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD; STRIKES, FIRE; WAR; RIOT; GOVERNMENT ACTIONS; 5) EQUIPMENT NETWORK OR FACILITY SHORTAGE; 6) EQUIPMENT OR FACILITY RELOCATION; 7)SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILRUE CAUSED BY THE LOSS OF POWER TO CUSTOMER; OR 8) ANY OTHER CAUSE THAT IS BEYOND CAS’ CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATIONS, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. CAS’ LIABILITY FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME.
(f) CAS makes no warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness of the Service or the Equipment for a particular purpose. CAS does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither CAS nor its officers, directors, employees, members, managers, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to CAS’ or Customer’s transmission facilities or premises 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 CAS’ or its service provider’s or vendor’s negligence. Statements and descriptions concerning the Service or Equipment, if any, by CAS or CAS’ agents or installers are informational and are not given as a warranty of any kind.
(g) IN NO EVENT SHALL CAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AFFILIATE OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCEY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCTS LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT CAS WAS INFORMATED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
11. Indemnification. You agree to defend, indemnify and hold harmless CAS from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service by you or otherwise arising out of the use of your account or any equipment or facilities in connection therewith, or the use of any other products or services provided by CAS to you.
(a) Your privacy interests, including your ability to limit disclosure of certain information to third parties, are addressed by, among other laws, the Communications Act and the Electronic Communications Privacy Act. Personally identifiable information that may be collected, used or disclosed in accordance with applicable laws, is as described in CAS’ Subscriber Privacy Notice. You acknowledge receipt of the Subscriber Privacy Notice.
(b) CAS may collect (whether automatically or otherwise) and share (with other CAS Parties) information of the type described in the Subscriber Privacy Notice (some of which may be deemed personally identifiable information as that term is used in the Communications Act of 1934) relating to you that CAS may acquire as a result of the provision of the Service. You hereby expressly consent to the collection by, and sharing between, CAS and other CAS Parties of such information.
(c) In addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, CAS will have the right (except where prohibited by law notwithstanding your consent), but not the obligation, to disclose any information to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. By accepting the Service, you consent to such actions or disclosures.
13. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT (BUT NOT ANY CLAIMS ARISING OUT OF COMMERCIAL ACTIVITIES OR THE THEFT OR OTHER UNAUTHORIZED RECEIPT OF ANY CAS CABLE SERVICE ON THE PART OF YOU) WILL BE RESOLVED BY BINDING ARBITRATION COMMENCED WITHIN ONE YEAR UNDER THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (OR ANY CONSUMER RULES ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION TO WHICH BOTH PARTIES AGREE), EXCEPT THAT EITHER PARTY MAY SEEK EQUITABLE OR INJUNCTIVE RELIEF ONLY IN AN APPROPRIATE COURT OF LAW OR EQUITY. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW OR EQUITY. THE ARBITRABILITY OF DISPUTES WILL BE DETERMINED BY THE ARBITRATOR. ANY AWARD OF THE ARBITRATOR WILL BE IN WRITING AND WILL STATE THE REASONS FOR THE AWARD. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR WILL NOT HAVE THE POWER TO AWARD ANY DAMAGES IN EXCESS OF THE APPLICABLE LIMITS DESCRIBED IN OR EXCLUDED UNDER SECTIONS 8 AND 9 OF THIS AGREEMENT. THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 TO 16, WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. EACH PARTY WILL BEAR ITS OWN EXPENSES AND THE COST OF ARBITRATOR(S) WILL BE SHARED EXCEPT THAT YOU MAY RECOVER HIS/HER FILING AND ARBITRATOR(S) FEES IF YOU ARE THE PREVAILING PARTY. THE PARTIES EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEYS FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS WILL NOT BE PERMITTED. THE ARBITRATOR WILL NOT HAVE THE POWER TO ORDER PRE-HEARING DISCOVERY OF DOCUMENTS OR THE TAKING OF DEPOSITIONS, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS AT THE HEARING.
15. Term. This Agreement will remain in effect until terminated by either party or superseded by a revised agreement for Service.
16. Continuity of Service. In order to provide continuity of service to you if the Digital Phone Service is no longer available over CAS’ cable system, you agree that CAS may provide an alternative phone service. In such event, CAS will notify you of the date as of which you will begin receiving the alternative phone service, which will also be governed by this Agreement, and CAS will provide to you a price list and/or any applicable tariff(s) for such alternative service. You will have the right at any time to terminate the alternative phone service or to change your subscription to any other phone service then offered by CAS.
17. Interpretation; Severability. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as described in this Agreement, and the remainder of this Agreement will remain in full force and effect.
19. Waiver. Failure by CAS to enforce any of its rights under this Agreement will not constitute a waiver of any such rights. No waiver by either party of any breach or default will be deemed to be a waiver of any preceding or subsequent breach or default.
20. Choice of Law. This agreement is governed by the laws of the State of West Virginia, without regard for its choice of law provisions.
21. Number Transfer on Service Termination. Upon termination of Service, CAS may, solely at CAS’ discretion, release the telephone number that was ported to CAS by you, if any, and used in connection with your Service provisioned by CAS to your new service provider, if such new service provider is able to accept such number, and provided: (i) your CAS account is paid in full, including payment for all charges and disconnect fees; and (ii) you request the transfer upon terminating your account.
22. Telephone Number Portability.
(a) Customer Request for Current Number Port. Upon applying for the Service, CAS may, at Customer’s request, attempt to transfer (i.e., “port”) your current telephone number(s) into our system. You understand and hereby warrant that CAS cannot control the time and duration of the number porting process and that there will be no credit issued for the time between when you request the number port and the actual date any such transfer occurs.
(b) Terms of Number Portability. In the event you are transferring an existing local phone number for use in connection with the Service, the following terms and conditions apply:
(i) You hereby authorize CAS, or any agent working on behalf of CAS, to process your order for the Service and to notify your current local telephone company of your decision to switch your local services to the Service and to transfer your telephone number, and represent that you are authorized to take these actions.
(ii) You agree that you must install and activate your Equipment prior to the time on which the number switch becomes effective (“Port Effective Date”).
(iii) CAS has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number
23. Service is not Telephone Service. You acknowledge and understand that the Digital Phone Service is not a telephone service. Important distinctions exist between telephone service and the Service provided by CAS. The Service may be subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State regulatory agencies.
24. Incompatibility With Other Services.
(a) Home Security Systems. You acknowledge and understand that the Service may not be compatible with your home security system. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
(b) Other Communications Equipment. You acknowledge and understand that you may experience difficulties when using the Service in conjunction with certain non-voice communications equipment, including, but not limited to, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems, and medical monitoring devices. By accepting this Agreement, you waive any claim you may have against CAS for interference with or disruption of such systems due to the Service.
Dialing Options. You acknowledge and understand that you cannot make 500, 700, 900, 976, 0+ collect calls or dial around calls (e.g., 1010-XXXX). In addition, you agree that this service does not support n11 calling with the exception of 411 and 911.