This is your Service Agreement ("Agreement") with Shentel Phone ("Shentel," "Shentel Phone", "we," "us," "our"). This Agreement, the Work Order and any applicable Tariff(s) on file with the Federal Communications Commission, state utility commission or comparable state agency in the jurisdiction in which you live sets forth the terms and conditions under which residential and small business customers located in Shentel’s phone-serviceable areas ("Customer," "you," "your") will be provided Shentel Phone services (individually, "Service," collectively "Services"). We may change the prices, fees, the Services and/or the terms and conditions set forth in this Agreement at any time. We will provide at least thirty (30) days’ notice before any material changes take effect. If you disagree with the changes to this Agreement, simply discontinue your use of the applicable Shentel Services before the modifications take effect. Your ongoing use of any Shentel Service after the changes take effect signifies your agreement to the new terms. BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS, AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES AND CALL US AT 800-409-1203 TO CANCEL YOUR SERVICE.
General Terms & Conditions
1. INSTALLATION FEES.
After the installation of new Shentel Phone™ service, we will send your initial bill covering installation costs, long distance calls, if any, and local service charges prorated from the date of installation to your billing date, plus billing in advance for the next month's service.
2. BILLING AND PAYMENT.
You agree to pay us for the Services at the prices and charges listed in the Shentel Rates and Services Schedules as adjusted from time to time. Services shall be automatically provided and billed on a month-to-month basis until terminated by you or by Shentel. The Service Plan that you select determines your monthly rate and applies to calls you initiate. The prices and charges for any particular call may depend on a number of factors listed in the Shentel Rates and Services Schedules, which include, for example, the duration of a call, the time of day and day of week, the distance called, and the type of service. The prices and charges for the Services may also include, for example, monthly fees, monthly minimums, or connection charges. Service types, for example, may include direct-dialed calls from home or calling card calls.
(b) Price Changes.
We may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective no sooner than fifteen days after we post them on our web site at www.shentelnow.com, except increases to charges that are made to recover our costs associated with government programs are effective no sooner than three days after we post the increases on our web site (excluding taxes and surcharges). We may provide further notices of increases to the prices and charges by notifying you of these increases by bill message or other notice.
You must pay all bills or invoices on time (on or before the due date specified in the bill or invoice) and in U.S. money. We do not waive our right to collect the full amount due if you pay late or you pay part of the bill. Beginning twenty (20) days after the due date listed on the bill, a late charge of 1.5% per monthly billing period or the highest rate allowable by law will be applied to all amounts past due. The late payment charge does not apply to unpaid balances associated with properly disputed amounts. Undisputed amounts on the same bill are subject to the late payment charge if unpaid and carried forward to the next bill. If your check, bank draft, or electronic funds transfer is returned for insufficient funds, we will charge you an additional $10 fee. If the state law where you receive the Services requires a different amount, we will charge you that amount. When payment is made by credit card, payment will also be subject to terms and conditions required by the credit card issuer.
(d) Charges and Billing.
Usage charges are billed after each monthly usage cycle, unless otherwise specified in the Rates and Services Schedules. Usage charges and monthly recurring charges may be billed in advance or in arrears, depending upon the Service Plan selected by you.
(i) Per-call and measured-call charges.
Calling plans billed on a flat monthly fee basis do not include certain call types. These call types will instead be charged on a per-call (e.g., operator services) or a measured basis (e.g., international calls). For billing purposes, a measured call begins when the call is answered by the called party or an automated answering device (such as an answering machine or fax machine); it ends when one of the parties disconnects the call. Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. However, some providers (e.g., those involved in calls to foreign countries) charge Shentel for a completed call when the called party's line rings or after a certain number of rings. In these situations, Shentel will charge for the call as if it were answered by the called party. Consult the Rates and Services Schedules at www.shentelnow.com for information on per-call charges and the timing of measured-call charges.
(ii) Rounding of fractional charges.
If the computed charge for a measured call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charge for taxes or surcharges includes a fraction of a cent, the fraction is rounded up to the nearest whole cent.
(iii) Third-party charges.
The Services may allow you to access "dial-up" Internet service providers, other enhanced service providers (e.g., information services accessible through 800, 888, and 877 numbers), and other third-party providers. You acknowledge that you may incur charges with such providers that are separate and apart from the amounts charged by us. You agree that all charges payable to third parties, including all applicable taxes, are your sole responsibility. In addition, you are solely responsible for protecting the security of credit card information provided to others in connection with such transactions.
(e) Taxes and Other Charges.
All charges stated in the Rates and Services Schedules are computed by Shentel exclusive of any federal, state, local, use, excise, gross receipts, sales or privilege taxes, universal service fees, duties, surcharges, fees or similar liabilities. Such taxes, fees, surcharges, duties, liabilities or other charges must be paid in addition to the rates and charges set forth in the Rates and Services Schedules. You must pay all taxes, fees, surcharges, and other charges that we bill you for the Services. Taxes and surcharges will be in the amounts that federal, state, and local authorities require us to bill you. We will not provide advance notice of changes to taxes and surcharges, except as required by applicable law.
(f) Credit Check and Deposits.
You give us permission to obtain your credit information from consumer credit reporting agencies at any time. We may require a deposit (or an advance payment as permitted by state law) to ensure payment for the Services. We may require you to make a deposit prior to or at any time after provision of any Service. The amount of the deposit will be no more than any two (2) months' estimated charges. We may increase the amount of the deposit to reflect increases in your annual bill. We will pay interest at the rate prescribed annually by the Virginia State Corporation Commission/West Virginia PSC and it will accrue for the period during which the deposit is held by the Company. The fact that a deposit is made does not relieve the Customer from making advance payments or from complying with the Company's regulations for the payment of bills in accordance with the terms set and does not constitute a waiver or modification of the regulations of the Company providing for the discontinuance of Service for nonpayment of any sums due the Company for Service rendered. If you fail to pay for the Services when due, we may use the deposit without giving notice to you. Upon termination of Service, any remaining deposit (together with accrued interest) will be credited to your account and any credit balance will be refunded after all amounts due to us have been paid.
(g) Credit Limits.
If we bill you for the Services, we may set a credit limit based on your payment history or your credit score from consumer credit reporting agencies. If we do this, we will notify you of your initial credit limit and all changes to your credit limit. If you exceed your credit limit, we will restrict your access to the Services, including direct-dialed, operator-assisted, and calls requiring a 900 or 976 prefix. Access to emergency Services (911) will not be affected by this restriction. If you fail to make timely payments, we may also lower your credit limit.
(h) Billing Errors.
Shentel may make adjustments to charges calculated in error. You must make claims for any errors in billing or Service quality in writing within 30 days of your receiving the invoice for the billing period during which the claim arose.
3. RESIDENTIAL & SINGLE-LINE BUSINESS USE ONLY.
Unless you subscribe to a plan that expressly permits otherwise, you agree to use the Services solely in a private residence; in living quarters in a multi-dwelling unit; in the residential portion of a premises which is used for both business and residential purposes, or in small businesses located in Shentel’s phone-serviceable areas.
4. NO RESALE.
You shall not resell or transfer the Shentel Service to another party without our prior written consent. You are prohibited from using any Shentel Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.
5. SHENTEL EQUIPMENT, SOFTWARE AND MARKS.
You acknowledge that Shentel-installed equipment and facilities, along with any equipment leased to you (including converters, remote control units, external cabling and power cords provided or installed with any cable modem or multimedia terminal adapter ("EMTA") installed along with your Shentel Phone services) (collectively, including all associated software, the "Shentel Equipment")), is for your exclusive use during your subscription and remains the property of Shentel. You agree that you will not allow the Shentel Equipment to be serviced by anyone other than Shentel employees or agents. You may not relocate Shentel Equipment. At your request, we may relocate the Shentel Equipment within your service address for an additional charge, at a time agreeable to you and to us. If you change residences, you must contact Shentel for information on whether the Shentel Equipment and Services can be transferred to your new residence and what the relocation will cost. If you wish to disconnect the Services, you must contact Shentel for information on the necessary procedures and cost. You may not permit any attachments to, alteration of, or tampering with the Shentel Equipment, nor any alteration or additional use of the Services at any time. You agree that if you or Shentel terminate the Services for any reason, the Shentel Equipment must be returned to Shentel within 10 business days of termination in proper, undamaged working order other than reasonable wear and tear.
(b) Shentel firmware and software.
The Services and Shentel Equipment, including any firmware or software that may be embedded in the Shentel Equipment or used to provide the Services, are protected by trademark, copyright, and/or other intellectual property laws and international treaty provisions. You are 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. This license will commence upon your acceptance of the relevant Services and will terminate immediately upon the termination of the Services for any reason. Shentel and its licensors retain all rights and interests in and to any such software of firmware. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Shentel Equipment or used to provide the Services. You expressly agree that you will use the Shentel Equipment exclusively in connection with the Services. You are permitted to archive the software or re-load the software disk in its original format. All such copies must contain the same copyright notices and proprietary markings as the original software. You 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 you decide to use the Services through an interface device not provided by Shentel, which Shentel reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights to use that interface device with the Services, including all software and firmware licenses. You will indemnify and hold harmless Shentel against any and all liability arising out of your use of such interface device with the Services.
(c) Protection of Shentel's information and marks.
All Services information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Shentel Marks") of Shentel are and shall remain the exclusive property of Shentel. Nothing in this Agreement shall grant you the right or license to use any of the Shentel Marks.
6. DAMAGE TO OR FAILURE TO RETURN SHENTEL EQUIPMENT.
In the event the Shentel Equipment is lost, stolen, damaged, destroyed, or otherwise not returned promptly to Shentel, you agree to pay the current replacement cost of the Shentel Equipment. We suggest that the Shentel Equipment in your possession be covered by your homeowners, renters, or other insurance. You understand that failure to pay the replacement charge will result in the matter being turned over to a collection agency and attorneys to pursue legal action.
7. UNAUTHORIZED USE OF SHENTEL EQUIPMENT OR SERVICES.
Unauthorized use of Shentel Equipment or Services constitutes a violation of federal and state law and a breach of this Agreement. Shentel will press charges against all violators. You will be liable for all unauthorized use of the Services and for any and all stolen Services. You agree to notify us immediately in writing or by calling our customer service line during normal business hours if you become aware at any time that the Shentel Equipment has been stolen or that your Services are being stolen or used without your authorization. If you fail to notify us in a timely manner, your Services may be terminated without notice, with additional charges to you.
8. CUSTOMER EQUIPMENT
Any customer-owned or provided equipment that you use in connection with the Services (except equipment purchased from Shentel) ("Customer Equipment") must meet Shentel’s current minimum technical and other requirements.
(b) No Warranty.
If you install or use Customer Equipment in connection with the Services that does not meet the minimum technical or other requirements described above (a "Non-Recommended Configuration"), you agree that you will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the Customer Equipment. NEITHER SHENTEL NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, THEIR AGENTS, OR ASSOCIATED PARTIES ("SHENTEL PARTIES") WARRANT THAT A NON-RECOMMENDED CONFIGURATION OR THE USE OF CUSTOMER EQUIPMENT WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT. NONE OF THE SHENTEL PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING BUT NOT LIMITED TO LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. For purposes of this Agreement, "affiliate" means any entity that controls, is controlled by, or is under common control with Shentel. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.
(c) Maintenance of Customer Equipment.
Shentel shall have no obligation to provide, maintain, or service Customer Equipment. You agree to allow us the rights to send software and/or downloads to Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment.
9. USE AND MAINTENANCE OF EQUIPMENT FOR PHONE SERVICE
(a) Handset and wiring.
In order to use the Services, you are required to provide certain Customer Equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. You may attach analog telephones to the EMTA to use the Service. Shentel does not guarantee that you will also be able to attach telephones to the jacks within your premises to use the Service, but you may request our assistance in attempting to enable such use. Additional charges may apply.
(b) Equipment for Phone Service.
To use the Service, you will also need a EMTA certified by us as compatible with the Services as set forth in Section 8(a). You can lease an EMTA from Shentel, in which case it is Shentel Equipment. In some areas, we may permit you to use the Services with an EMTA which you have purchased, in which case the EMTA will be Customer Equipment. Depending on availability in your area, you may have an option to install the EMTA yourself, or to have Shentel install it for you.
(d) Incompatible equipment and services.
You acknowledge and understand that the Shentel Phone Services may not support or be compatible with (i) Non-Recommended Configurations as defined in Section 8(b); (ii) certain non-voice communications equipment, including but not limited to alarm or security systems that make automatic phone calls; medical monitoring devices; certain fax machines; and certain "dial-up" modems; (iii) rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as answering machines and traditional Caller ID units; (iv) casual/dial around (10-10) calling; 976, 900, 700, or 500 number calling; (v) 211, 311, or other x11 calling (other than 411, 511, 611, 711, and 911); and (vi) other call types not expressly set forth in our product literature (e.g., outbound shore-to-ship calling and outbound satellite calling).
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST THE SHENTEL PARTIES AND THEIR SERVICE PROVIDERS, FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE SHENTEL EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH SECTION 19.
(e) You assume the risk of high-risk activities.
The Services are not represented as fail-safe. They are not designed for use in situations where error-free or uninterrupted service is essential. You 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.
(f) No tampering with or relocation of equipment.
You will not service, alter, modify, or tamper with Shentel Equipment or with the Services, or permit any other person not expressly authorized by Shentel to do so. You agree that the EMTA and the Phone Services will only be used at your service address appearing in our records. You understand and acknowledge that if you attempt to install or use such equipment or the Phone Services at another location, the Services, including but not limited to 911/E911, may fail to function or may function improperly. As described in Section 5 above, you must notify Shentel if you wish to relocate the EMTA or Shentel Phone Services. If you move the EMTA or Services to another location without complying with Section 5, you do so in violation of this Agreement and at your own risk.
10. SERVICE AND MAINTENANCE PROCEDURES.
In the event of a problem with your Service or Shentel Equipment, you should contact Shentel customer service at 800-409-1203. If you call outside of normal business hours, leave a complete message including your name, address, contact work and home telephone number(s) and a description of the problem. Depending on the nature of the problem, we may at our option schedule an appointment for our Service Technician to visit your service location home, usually by the next business day. We do not charge for service calls if Shentel Equipment caused the problem. You agree to cooperate by all reasonable means to allow a Shentel representative to inspect its facilities either inside or outside the place of attachment and with its attempts to resolve a service or equipment problem. You agree that Shentel is not obliged to service any Customer Equipment, including your TV set, VCR, DVD player, stereo, PC or fax equipment. In the event that Shentel determines in its sole judgment that the problem was caused by Customer Equipment, Customer negligence, lack of knowledge, Customer software, Customer-installed wiring or hardware, Purchased Equipment not covered by its limited warranty, or any problem not caused by Shentel, you agree to pay for the service appointment and our reasonable charges for repair. In some cases, Shentel may decline to undertake the repair.
If a problem is not resolved to your satisfaction, you may write or call us with concerns or complaints. Emergencies such as fallen trees or utility poles, violent storms or very cold weather may interfere with the Services. Our crews are promptly dispatched to correct any emergency when practicable. As these situations may affect a large service area, it may take several days to resume full service to the entire area.
11. SHENTEL'S ACCESS TO CUSTOMER'S PREMISES.
From time to time, Shentel may need to enter the premises at which you will use the Services ("Premises") in order to install, maintain, inspect, repair, and remove the Shentel Equipment or Services. Accordingly, you authorize Shentel and its employees, agents, contractors, and representatives to enter the Premises as necessary, at a time agreeable to you and us. You warrant either that you are the owner of the Premises, or if you are a tenant, that you have the authority to allow us access to the Premises. If you are not the owner of the Premises, you agree to supply us, if we ask, the owner’s name and address, evidence that the owner has authorized you to grant access to the Premises, and written consent from the owner.
12. LIMITATION OF LIABILITY; INDEMNIFICATION; NO WARRANTIES
(a) No Warranties.
THE SHENTEL EQUIPMENT AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE SHENTEL PARTIES NOR THEIR SERVICE PROVIDERS WARRANT THAT THE SHENTEL EQUIPMENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR, OR THAT THEY WILL NOT INTERFERE WITH OTHER THIRD-PARTY EQUIPMENT OR SERVICES. NEITHER THE SHENTEL PARTIES NOR THEIR SERVICE PROVIDERS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED COMPLETELY OR IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY EXCLUDED. NEITHER THE SHENTEL PARTIES NOR THEIR SERVICE PROVIDERS WARRANT, OR SHALL BE RESPONSIBLE IN ANY REGARD, FOR ANY MERCHANDISE OR SERVICES ORDERED THROUGH THE SERVICES FROM THIRD PARTIES OR OTHER COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. CUSTOMER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL INDEMNIFY SHENTEL FOR ALL LIABILITY IN CONNECTION THEREWITH.
(b) Limitations on liability for malfunctions and intellectual property claims.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, OR OTHERWISE), SHALL THE SHENTEL PARTIES OR THEIR SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO ANY PERSON OR ENTITY FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, OR PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE SERVICES, INCLUDING LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM, OR THE USE OR ATTEMPTED USE OF OR CUSTOMER'S RELIANCE ON OR USE OF THE SHENTEL EQUIPMENT, PURCHASED EQUIPMENT, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURES OR MALFUNCTION, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, LOSS OF INFORMATION OR DATA, OR FAILURE OF PERFORMANCE OF THE SHENTEL EQUIPMENT OR SERVICES; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE SHENTEL EQUIPMENT OR THE SERVICES BY CUSTOMER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
(c) Limitations on liability for directories and directory assistance.
THE LIMITATIONS IN THIS SECTION 12(c) SHALL APPLY WHERE WE MAKE AVAILABLE A DIRECTORY LISTING OR PUBLICATION OPTION. IF (i) ANY PHONE NUMBER FOR WHICH YOU HAVE REQUESTED UNLISTED STATUS IS PUBLISHED IN ANY DIRECTORY; (ii) ANY PHONE NUMBER FOR WHICH YOU HAVE REQUESTED NONPUBLISHED STATUS IS INCLUDED IN ANY DIRECTORY, ANY DIRECTORY ASSISTANCE DATABASE, OR IS OTHERWISE DISCLOSED TO ANY UNAUTHORIZED PERSON; (iii) ANY PHONE NUMBER WHICH YOU REQUESTED BE PUBLISHED OR LISTED IN ANY DIRECTORY OR DIRECTORY ASSISTANCE DATABASE IS NOT SO PUBLISHED OR LISTED, OR (iv) ANY PUBLISHED OR LISTED PHONE NUMBER CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE TOTAL LIABILITY OF THE SHENTEL PARTIES AND THEIR SERVICE PROVIDERS IN CONNECTION WITH THE DESCRIBED ERROR OR OMISSION SHALL NOT IN THE AGGREGATE EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO SHENTEL TO LIST OR NOT TO LIST OR TO PUBLISH OR NOT PUBLISH THE NUMBER FOR THE AFFECTED PERIOD. YOU SHALL HOLD THE SHENTEL PARTIES AND THEIR SERVICE PROVIDERS 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.
(d) Limitations on Shentel’s Liability for Customer Equipment and software.
Customer Equipment may be damaged or suffer service outages as a result of the installation, use, inspection, maintenance, repair, and removal of the Shentel Equipment and the Services. Except for gross negligence or willful misconduct by us, none of the Shentel Parties shall have any liability whatsoever for any damage, loss, or destruction to the Customer Equipment. In the event of gross negligence or willful misconduct by Shentel, we shall pay at our sole discretion for the repair or replacement of the damaged parts up to a maximum of $250. This shall be your sole remedy relating to such activity. Use of certain features of the Services, such as integrated messaging (where available), may require special software, applications, or access to web portals. Shentel makes no representation or warranty that any software or application installed on your computers or web portal does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any computer and other hardware of yours from damage to its software, files, and data as a result of any such virus or other harmful feature. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your computer, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your system. NEITHER THE SHENTEL PARTIES NOR ITS SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
Shentel does not represent, warrant, or covenant that the installation of the special software or applications described in the preceding paragraph or access to our web portals will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer. FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER THE SHENTEL PARTIES NOR ITS SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.
(e) Limitations on Shentel’s liability for third parties.
Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide components of the Services, including without limitation their services, equipment, and infrastructure ("Service Providers"). Shentel is not responsible for the performance or non-performance of third-party services, equipment, or infrastructure, whether or not they constitute components of the Services. Shentel shall not be bound by any undertaking, representation, or warranty made by an agent or employee of Shentel or of our Service Providers in connection with the installation, maintenance, or provision of the Services, if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. The limitations of liability set forth in this Section 12 apply to any acts, omissions, and negligence of the Shentel Parties and their Service Providers which, but for that provision, would give rise to a cause of action in contract, tort, or any other legal doctrine.
(f) Customer’s Indemnification of Shentel.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE SHENTEL PARTIES AND THEIR SERVICE PROVIDERS, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR AND YOUR USERS' USE OF THE SERVICES OR ANY SHENTEL EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OR DAMAGES ARISING OUT OF THE LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM, HOME DETENTION, OR MEDICAL MONITORING SYSTEM. YOU AGREE THAT SHENTEL SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES OR THE SHENTEL EQUIPMENT. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS.
(g) Service interruptions due to technical malfunctions and force majeure events.
In the event of complete failure of a Service due to technical malfunction for 24 consecutive hours or more, you are entitled to a prorated credit upon request. To qualify for a credit, you must request it within 30 days of the failure. THE FOREGOING IS YOUR SOLE REMEDY FOR A SERVICE INTERRUPTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE MAY BE INTERRUPTIONS OF THE SERVICES DUE TO ACTS OF GOD, WAR, WEATHER, POWER FAILURES, EQUIPMENT FAILURES, OR OTHER SIMILAR EVENTS BEYOND THE CONTROL OF SHENTEL. NONE OF THE SHENTEL PARTIES OR THEIR SERVICE PROVIDERS SHALL HAVE ANY LIABILITY, INCLUDING AS SET FORTH IN THIS SECTION 12(g), FOR INTERRUPTIONS OF SERVICE DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL, OR FOR CLAIMS OR DAMAGES ARISING FROM SUCH INTERRUPTIONS.
(h) Customer’s Sole Remedies.
Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. If any of the above exclusions is found invalid, the liability of the Shentel Parties and their service providers is limited to the maximum extent permitted by law.
13. LIMITATIONS OF 911/E911 DIALING
The Services includes the ability to place calls to emergency dispatch operators by dialing "911" ("911/E911") that may differ from 911/E911 functions furnished by traditional telephone service providers. As such, the 911/E911 Services may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON 911/E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICES. If you have any questions about 911/E911, call Shentel customer service at 800-409-1203.
(b) Correct Address.
In order for your 911/E911 calls to be properly directed to emergency services, Shentel must have your correct service address. If you move the Services to a different address without Shentel’s approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the wrong address, or the Services (including 911/E911) may fail altogether. Therefore, you must call Shentel customer service at 800-409-1203 at least 10 days before you move the Services to a new address. All changes in service address require Shentel’s prior approval. YOU UNDERSTAND AND ACKNOWLEDGE THAT SHENTEL WILL NEED SEVERAL BUSINESS DAYS TO UPDATE YOUR SERVICE ADDRESS IN THE E911 SYSTEM SO THAT YOUR 911/E911 CALLS CAN BE PROPERLY DIRECTED.
(c) Network congestion or failures.
Calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network or network equipment failure, or another technical problem. Similar congestion and failures can occur with traditional phone service.
(d) Service interruptions caused by power failures.
Shentel uses the electrical power from your service location. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY LOSE ACCESS TO AND USE OF THE SERVICES, INCLUDING 911/E911, UNDER CERTAIN CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (i) IF OUR NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF ELECTRICAL POWER TO THE MULTIMEDIA TERMINAL ADAPTER ("EMTA") IS INTERRUPTED AND SUCH DEVICES ARE NOT SUPPORTED BY A WORKING BATTERY BACKUP. You also understand and acknowledge that the battery backup included in the Shentel EMTA may provide power for only a limited time, that the performance of the battery backup is not guaranteed, and that if the battery is exhausted, the Services will not function until normal power is restored. You understand and acknowledge that your EMTA may not have battery backup or another power source of its own. You may call Shentel customer service at 800-409-1203 to request a replacement battery if necessary.
(e) LIMITATION ON LIABILITY:
YOU ACKNOWLEDGE AND AGREE THAT THE SHENTEL PARTIES AND THEIR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SHENTEL PARTIES AND THEIR SERVICE PROVIDERS, 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, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN CONNECTION WITH THE SERVICES. **You agree to read and comply with the "Shentel Phone Agreement for Residential & Small Business Service" posted on Shentel’s website at www.shentelnow.com which is hereby incorporated herein by this reference. **
You can find more information about pricing for the Services by calling Shentel or visiting www.shentelnow.com (or at an alternate site if we so notify you). Pricing of Services may change from time to time. THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICING INCLUDED IN SHENTEL’S THEN-CURRENT RATES AND SERVICES SCHEDULES.
It is Shentel's policy not to sell or rent its personally identifiable customer information to unaffiliated companies or organizations.
(a) EXCEPT FOR (i) CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW; (ii) CLAIMS BROUGHT BY SHENTEL RELATED TO UNPAID CHARGES FOR THE SERVICES OR SHENTEL EQUIPMENT; OR (iii) CLAIMS BROUGHT BY SHENTEL FOR UNAUTHORIZED USE OF THE SERVICES OR SHENTEL EQUIPMENT, ALL THREE OF WHICH MAY BE BROUGHT IN ANY FORUM, 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 ARBITRABILITY 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.
(b) If any clause within this Section 16 (other than the class action waiver clause) is found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision, and the remainder of this Section 16 will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Section 16 will be unenforceable. In the event that this entire Section 16 is determined to be illegal or unenforceable for any reason, or if a claim is brought that is found by a court to be excluded from the scope of this Section 16, you and Shentel have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
17. REPRESENTATIONS AND WARRANTIES OF CUSTOMER.
You represent and warrant that you are at least 18 years of age. You may, at your discretion, permit minors to use the Services under adult supervision. You are solely responsible for monitoring all material that is accessed by minors using your Services. You also represent and warrant that you have provided and will continue to provide to Shentel accurate, complete, and current customer information, including but not limited to your legal name, address, phone numbers, and payment data (including but not limited to credit card numbers and expiration dates). You agree that during the term of this Agreement you will promptly notify us if there is any change in the information that you have provided to us in accordance with the terms of this Agreement. If you fail to provide and maintain accurate information, you thereby breach this Agreement.
18. NO RELATIONSHIP BETWEEN SHENTEL AND OTHER PROVIDERS.
Nothing in this Agreement will create any joint venture, joint employer, franchisor-franchisee, employer-employee, or principal-agent relationship between Shentel and any providers of content or of backbone, network, circuit, and other technology or communications; between Shentel and any software and other licensors; between Shentel and any hardware and equipment suppliers; or between Shentel and any other third-party providers of elements of the Services. Nor will anything in this Agreement impose upon any such companies any obligations for any losses, debts, or other obligations incurred by the other.
The term of this Agreement shall commence from the time that the Services are activated and shall continue thereafter until terminated as provided for in this Agreement. If you self-install Shentel Equipment that we have provided to you, Service charges begin the earlier of (i) the day you install, or pick up from a Shentel office or employee, such equipment, or (ii) 5 days after the shipment date. If you self-install a multimedia terminal adapter ("EMTA") or cable modem that you obtained from a source other than Shentel, Service charges begin the day your order for Services is entered into our systems. The option to self-install an EMTA or cable modem or to use a non-Shentel-supplied EMTA or cable modem is subject to availability. Service is provided on a month to month basis unless you agreed to a specified minimum term, in which case you agree to maintain and pay for your Service for the duration of the specified minimum term.
(b) Termination by you.
You may change or cancel individual Services by calling the Shentel customer Service number on your Shentel bill, subject to the applicable terms and conditions in the Shentel Rates and Services Schedules. This Agreement remains in effect for any Services that you continue to be enrolled in, use, or pay for.
(c) Suspension and termination by Shentel.
Upon five (5) days' written notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date, including payments for late fees, deposits, or any other required additional charges. If Services are suspended, restricted, or cancelled, charges will continue to accrue through the date that Shentel fully processes the suspension, restriction, or cancellation. You must pay all outstanding charges for these Services, including payment of any bills that remain due after the date of cancellation. You must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges and other amounts owed to us. If you want us to restore Services following any such suspension, restriction, or cancellation, we may require that you pay a deposit and installation charges. You understand and acknowledge that all Shentel Phone Services, including 911/E911, will be disabled because of termination of your account.
(d) Your obligations upon suspension or termination.
You agree that upon suspension of Services or termination of this Agreement you will (i) immediately cease use of the Services and all Shentel Equipment; (ii) pay in full for your use of the Services and the Shentel Equipment up to the later of the effective date of termination of this Agreement or the date on which the Services are disconnected and all Shentel Equipment has been returned; and (iii) return the Shentel Equipment to Shentel, by any method reasonably requested by us, within 10 days after termination of the Agreement. Upon our request, you will permit us and our employees, agents, contractors, and representatives to access your premises during regular business hours to remove the Shentel Equipment and other material provided by Shentel. We will conduct this removal at a time agreed on by you and us, and you will ensure that all Shentel Equipment is returned to Shentel. You may be responsible for paying an equipment return charge and any previously agreed to charges if Shentel must come to the Premises to recover the Shentel Equipment. If Shentel incurs collection or legal costs as a result of your failure to comply with this Section 19(d), you will be liable for not only the value of the Shentel Equipment, but also for collection and attorneys’ fees as well as court costs upon judgment.
(e) Deletion of Customer information.
Shentel and its service providers reserve the right both during the term of this Agreement and upon its termination to delete your voicemail, data, files, or other Customer information that is stored on Shentel's or its Service Providers' servers or systems, in accordance with our storage policies. You understand and acknowledge that we shall have no liability whatsoever as a result of the loss or removal of any such voicemail, data, files, or other Customer information.
20. ACCEPTABLE USE.
Unless you subscribe to a plan that expressly permits otherwise, you agree to use the Services only for personal or small business purposes. You expressly agree not to use the Services for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for any other use that results in excessive usage inconsistent with normal residential or small business calling patterns, as the case may be. If we determine, in our sole discretion, that your Shentel Phone Services are being used for any of the aforementioned activities, we reserve the right (i) immediately and without notice to terminate or modify the Services and (ii) to assess additional charges for each month in which excessive usage occurred.
21. TRANSFERRING YOUR PHONE NUMBER
(a) Switching to Shentel from another provider.
If you are switching to our Services from another service provider, you may transfer your existing phone number (if any) to our Services, provided that (i) you request the phone number transfer when you place your order for our Services; (ii) your current service provider releases your existing phone number, at our request, without delay or charge; (iii) transfer of your existing phone number to our Services would not, in our view, violate applicable law or our processes and procedures; (iv) you acknowledge and agree that Shentel will not transfer numbers from certain other service providers, (v) you acknowledge and agree that if your EMTA is set up before the date that the number transfer becomes effective ("Port Effective Date"), you may only be able to make limited outgoing calls over the phone that you have connected to such equipment. In that event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able both to make and to receive calls using our Services; and (vi) you acknowledge and agree that to avoid an interruption in your phone service, it is extremely important that you have the EMTA installed on or before the Port Effective Date. Your existing phone service for the number you are transferring will be disconnected on the Port Effective Date; if your equipment is not yet activated, you will not have access to our Services. Therefore, you will not have service for that phone number. If you have questions about the timing of your Port Effective Date, please contact us.
(b) Switching from Shentel to another provider.
To transfer your phone number from Shentel to another service provider, you must terminate the Phone Services and place the transfer order through your new service provider (and not through Shentel). Shentel will release your phone number to your new service provider, provided that (i) your new service provider requests the transfer upon termination of your account; (ii) your new service provider is willing to accept transfer of the phone number without delay or charge; and (iii) transfer of your existing phone number to the new service provider would not, in our view, violate applicable law or our processes and procedures.
22. REGULATORY LIMITATIONS.
You understand and acknowledge that the Shentel Phone Service may be subject to regulatory or tax treatment that differs from the regulatory or tax treatment applicable to traditional telephone service. This different treatment may limit or otherwise affect your rights of redress before federal or state regulatory or tax agencies.
(a) How to contact us.
For any inquiries or notices required in connection with this Agreement, you may contact us (i) via the support request form or live chat at www.shentelnow.com (ii) in writing at Customer Service Shentel, 106 S. Main St., Edinburg, VA 22824, or (iii) on our customer service line at 800-409-1203 during normal business hours.
(b) How you will receive notices.
Notices from you to Shentel must be provided as specified in this Agreement or the Rates and Services Schedules. Notice from you to Shentel made by calling Shentel is effective as of the date that our records show that we received your call. Shentel's notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.
(c) Entire agreement.
This Agreement (which incorporates by reference the Shentel Rates and Services Schedules) constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Shentel is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
(d) Acceptance of, use of, or payment for Services are acceptance of Agreement.
When you enroll in, use or pay for the Acceptance of Services, you agree to the prices, terms and conditions in this Agreement.
(e) Governing law.
This Agreement will be governed by the law of the State of Virginia, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Services.
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
(g) Survival of limitations.
All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
(h) Shentel rights and remedies.
Nothing contained in this Agreement shall be construed to limit Shentel’s rights and remedies available at law or in equity.
(i) Acts Beyond Our Control.
Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.