Lumos Networks Terms and Conditions
These Terms and Conditions are an agreement between Lumos Telephone Inc.; Lumos Telephone of Botetourt Inc.; Lumos Media Inc., all doing business as Lumos Networks (the “Company”), and the Customer (this “Agreement”) that applies to the Voice Telephone Service, Internet, and Video Services (“Services”) provided by Company and listed in a Service Order.
- Law, Regulation, Tariffs. The Company is subject to state and federal laws and regulations, including tariffs. To the extent that such laws, regulations, or tariffs apply to Services and conflict with a provision of the Agreement, such applicable law, regulation, or tariff controls.
- Installation. Company is responsible for installing and maintaining Service(s) to the Network Interface at the Customer’s premises. Company will use all commercially reasonable efforts to make the Service(s) available on or before the requested Service date. Customer agrees to obtain all necessary consents to install Service(s) on the Customer premises from any third parties, such as landlords. Customer agrees to furnish and place at Customer premises, at its expense, any necessary space and power required for Services. Customer and Company will coordinate on the installation of Services. If Company is not able to obtain on reasonable terms and conditions as determined by the Company any right of way, easement, permit, or license, including pole attachment rights, required for the installation or provision of Services, Company may terminate the portion of the Agreement applicable to such Service upon notice to Customer and with no further obligation to Customer.
- Billing and Payment.
a. Customer will provide the Company with its name, address, and telephone number for billing purposes. All information provided will be accurate, and the Company has the right to access and verify credit information, and Customer may be required to make an advance payment to order Service. Customer agrees to promptly update its account information whenever billing information changes.
b. Customer is responsible for paying all charges associated with the Service, including, without limitation, all usual and customary surcharges and all government imposed fees and charges that relate to the Services, as permitted and/or required by law.
c. A late payment charge of 1.5% applies to any unpaid balance carried forward from a monthly bill to the next month’s bill.
d. When a check or draft tendered to the Company for payment of Customer’s account or billing is dishonored by the institution on which is it drawn, or when an automatic debit or credit/debit card charge is declined or reversed, a fee of $25, or such other amount that will not exceed the maximum allowed by law, will be charged to Customer for each such returned check or draft or declined debit or credit card charge. The returned check charge also applies to returned/denied Automatic Funds Transfer transactions.
- Billing Disputes. If Customer believes it has been billed in error, Customer must contact the Company in writing within ninety (90) days of the date of the bill that contains the disputed charge. Refunds or adjustments will not be issued for any charge that is more than ninety (90) days old. Customer may withhold from payment to the Company the disputed portion of any bill pending resolution of the dispute, but all non-disputed charges are due within the normal time period. The Company will notify Customer of the results of its inquiry, and either adjust the billing, issue a credit, or notify Customer that all or a portion of the disputed amount is still owed. Credits due to Customer will be issued no later than Customer’s next billing cycle following a determination that a credit is warranted, or within thirty (30) days from determination, whichever is sooner. Customer will be required to pay such amount within thirty (30) days thereafter.
- Termination of Service by Customer. Subject to any other signed service contract between Customer and Company, Customer may terminate any Service with three (3) working days notice, by notifying the Company by U.S. mail, fax, email, or by telephonic conversation. All amounts due under this Agreement are immediately due and payable upon such termination.
- Termination of Service by Company. The Company may immediately terminate or withhold Service to Customer for the following reasons: (a) nonpayment of any sum due for Service where Customer’s charges remain unpaid more than thirty (30) days following written notice of nonpayment from the Company; (b) Customer’s acts or omissions which constitute, in the reasonable opinion of the Company, a violation of or a failure to comply with any term of this Agreement, and where such violation or failure to comply with a term of this Agreement threatens to interfere with the Company’s operations or its furnishing of any Service to, or the use of any Service by, another customer of the Company; (c) the implementation of any order of a court of competent jurisdiction, or of a federal or state regulatory authority of competent jurisdiction, prohibiting the Company from furnishing Customer any Service; or (d) where the Company reasonably deems partial or complete termination of any Service is necessary to prevent unlawful use of its Services.
- Internet Service Availability, Speeds. Internet Services may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service even if initial testing showed that Customer was qualified. The Company strives to provision Customer’s connection up to the maximum advertised speed, but actual speed experienced by the Customer will vary based on multiple factors, such as the condition of wiring inside a specific location or the electromagnetic interference on the Customer’s line; general Internet backbone configurations and computer configuration; network or Internet congestion; and the server speeds of websites accessed. These variables can cause the Internet Service to perform at less than maximum advertised speeds.
- Permitted Use. Customer shall comply with Company’s Acceptable Use Policy, Network Management Policy and other statements of business policies. The current version of the Acceptable Use Policy is attached as Exhibit A. This policy may be changed or amended from time to time by Company in its sole discretion by posting such change(s) at Company’s internet site. The Company’s Services may be used for only legal purposes and may not be used, directly or indirectly, for any unlawful purpose. The Company reserves the right to contact law enforcement to report any illegal activity.
- Security; Fraud.
a. Customer may receive a username, password, and account designation from the Company for certain Services. Customer is responsible for taking all necessary measures, including but not limited to changing any default passwords, in order to keep its account secure. Customer must notify the Company immediately upon discovering any unauthorized use of its password-protected Services. Any usernames, passwords and email addresses distributed by the Company to Customer are the Company’s property and the Company may alter or replace them at any time.
b. Customer is responsible for securing its equipment against fraudulent or unauthorized use or misuse of or access to the Services, and Customer is responsible for payment of all applicable long distance and other charges for Services even where such charges result from any such use or misuse of or access to the Services, whether by Customer or by any authorized or unauthorized third party, and whether such use, misuse or access originates from Customer’s premises or from remote locations.
- Emergency Services. The Company will supply the 911 service provider in the Company’s service area with Customer’s name, service address and other customer-specific information provided by Customer and required by such service provider in order to update the 911 database at the time Company accepts Customer orders. Customer shall promptly notify the Company of any changes in such information. The Company will have no responsibility or liability to Customer or any third party in connection with or for responding to emergency 911 or other emergency referral calls. The Company cannot guarantee the completion of said call or the quality of said call.
- Equipment; Maintenance and Ownership of Equipment. The Company does not guarantee that any Service will work correctly if Customer uses equipment to access such Service other than the equipment provided by the Company. The Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer chooses to use in connection with the Service. Customer acknowledges and agrees that at all times ownership of the equipment provided by the Company shall remain with the Company and that this Agreement allows Customer to use such equipment only in connection with Customer’s receipt and use of the Services. Customer is responsible for returning the equipment to the Company in an undamaged condition, subject only to reasonable wear and tear. Failure to do so will result in the imposition of an equipment fee that may be substantial. In the event that the equipment owned by the Company is stolen, Customer is required to provide the Company with a copy of the police report to verify that the equipment was reported stolen. If no report is produced, then Customer will be held financially responsible for the stolen equipment.
- Liability of the Company.
a. The liability of the Company, if any, for interruption, delays, or failures in transmissions (any one of which is considered a “Service Problem”) is limited solely to credits issued by the Company to Customer. No credit will exceed the charges billed by the Company to Customer for the period during which the Service Problem occurred. The Company will issue a credit only when the Service Problem lasts more than twenty-four (24) consecutive hours. No credits will be earned by accumulating non-continuous periods of interruption.
b. CUSTOMER UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING THE LOSS OF GOODWILL, LOSSES ASSOCIATED WITH LOST OR STOLEN DATA, LOST SAVINGS, AND/OR LOST PROFITS) ARISING OUT OF OR OTHERWISE RELATING TO THE COMPANY PROVIDING OR FAILING TO PROVIDE SERVICES TO THE CUSTOMER. CUSTOMER AGREES THAT ITS EXCLUSIVE REMEDY AGAINST THE COMPANY FOR DAMAGES ARISING FROM CUSTOMER’S USE OF COMPANY SERVICES IS TO DISCONTINUE USE OF COMPANY SERVICES AND TO REQUEST CREDIT AS PROVIDED FOR ABOVE. THE LIMITATIONS SET FORTH HEREIN APPLY TO ANY AND ALL CLAIMS, INCLUDING THOSE FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY.
- Indemnity. Customer agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, affiliates and agents, for any liability with respect to any and all claims, demands, damages, losses, costs or expenses, of every kind (including specifically special, indirect, incidental, punitive, exemplary or consequential damages) (collectively, the “Claims and Damages”), arising from Customer’s use of any Service. This indemnity of the Company also extends to any Claims or Damages arising out of or attributed, directly or indirectly, to Service Problems and Claims and Damages resulting from the unauthorized use of Customer’s account by third parties.
- Severability and Waiver. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court or administrative agency of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect. The Company may waive certain of the requirements stated herein (except for regulatory obligations imposed by any federal or state authority or agency having jurisdiction over the Company or its Services) or determine not to enforce a provision of this Agreement. Any such waiver or enforcement decision shall be limited to that set of specific circumstances and shall not constitute a general waiver of any of the provisions hereof and will not eliminate Customer’s obligation to continue to comply with this Agreement.
- Notices. All notices to the Company must be in writing delivered to Lumos Networks at P.O. Box 1028, Waynesboro, VA 22980, Attention: Sales Director. The Company’s notices to Customer shall be deemed given: (a) when sent by email to Customer’s last-known email address according to Company records; (b) when delivered in connection with the Company’s video services; (c) when deposited in the United States mail addressed to Customer at Customer’s last-known address; or (d) when hand-delivered to Customer’s premises, as applicable. Mailed notices may also be included in the Company’s billing statements to Customer.
- Assignment. Customer shall not assign or transfer any or all of its rights or obligations under this Agreement without Company’s prior, written consent. The Company may assign or transfer this Agreement to any parent, subsidiary, successor or affiliated company or any third party, without the prior consent of the Customer.
- Force Majeure. The Company shall not be liable to Customer, nor shall any remedy be extended, for any failure of performance under this Agreement due to causes beyond the Company’s control, including but not limited to: acts of God, pandemic, fire, explosion, flood, earthquake, lightning, tornado, storms; any law, order, regulation, action or request of any government or regulatory entity or agency, or any civil or military authority; emergencies, civil unrest, insurrections, riots, wars; power failure, equipment failure; industrial or labor dispute and the like. Upon the occurrence of any such events, the Company shall use its reasonable efforts to notify Customer of the nature and extent of any such condition.
ACCEPTABLE USE POLICY FOR INTERNET SERVICES
The Company has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of the Company’s Internet Service by residential and business customers (“Customer(s)”). This AUP is in addition to any terms and conditions contained in the subscriber agreement or other contract with the Company applicable to the Customer’s Internet Service (collectively, the “Terms and Conditions”).
The Company may revise this AUP from time to time by posting a new version on the Company’s website at www.lumosnetworks.com. Revised versions of this AUP are effective immediately upon posting. Customer recognizes and agrees that Customer’s continued use of the Company’s Internet Service will constitute Customer’s acceptance of this AUP as it may be amended.
Customer agrees to abide by and require each user of the Internet Service to abide by the terms of this AUP. Failure to do so could result in the suspension or termination of Customer’s Internet Service account. If any user does not agree to comply with this AUP, Customer must immediately stop all use of the Internet Service and notify the Company so that it can close the account. Questions regarding this AUP, or complaints of violations of it, should be directed to the Company at www.lumosnetworks.com.
PROHIBITED USES AND ACTIVITIES
General Prohibitions: This AUP prohibits any use of the Internet Service that is unlawful, harmful to the Company’s network, interferes with the use or enjoyment of the Internet Service received by others, infringes the intellectual property rights of others, or results in the publication of threatening or offensive material.
No Illegal or Fraudulent Use: The Internet Service may be used only for lawful purposes. Customer will not use or allow others to use the Internet Service in any manner that is in violation of any applicable federal, state, local or international law, order or regulation.
Security Violations: Customers are solely responsible for maintaining the security of their systems and equipment that connect to and use the Internet Service. Any use of the Internet Service that violates the security or integrity of the Company’s network is prohibited. Such violations include but are not limited to:
a. Disrupting or degrading the performance of the Internet Service, including, without limitation, transmitting any files that contain a virus or other harmful feature regardless of intent, purpose or knowledge;
b. Accessing any other person’s or entity’s computer or computer system, network, software or data without their knowledge and consent;
c. Reselling or redistributing (for example, through Wi-Fi) the Internet Service to anyone outside Customer’s premises, unless you are a business Customer subject to a written contract that expressly permits such use. Residential Customers agree to use the Internet Service for personal and non-commercial use only and agree not to use the Internet Service for any business purpose (whether or not for profit);
d. Using the Internet Service or facilities for web-hosting, email hosting or other unusually high-bandwidth consumption unless you are a business Customer subject to a written contract that expressly permits such use; or
e. Using the Internet Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”), unless you are a business Customer subject to a written contract that expressly permits use of a static IP address.
Violation of Intellectual Property Rights: The Internet Service shall not be used to upload, download, post, publish, transmit, reproduce, or distribute in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.
Threatening Material or Content: The Internet Service shall not be used to post or transmit material or content which is libelous, obscene, unlawful, threatening or defamatory, or encourages conduct that would constitute a criminal offense.
Spam: The Internet Service shall not be used to transmit, or collect responses from, unsolicited bulk or commercial messages commonly known as “spam.”
The Company uses reasonable tools and techniques that are consistent with industry standards to manage its network, deliver the Internet Service, and ensure compliance with this AUP and the Terms and Conditions. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Refer to the Company’s Network Management Policy for more information.
The Company reserves the right to investigate violations of this AUP. The Company prefers to inform Customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. However, if the Internet Service is used in a way that the Company, in its sole discretion, believes violates this AUP, the Company may take any responsive actions it deems appropriate under the circumstances with or without notice, including, but not limited to, suspending or terminating Customer’s Internet Service account.
The failure of the Company to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Customer agrees that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions of this AUP will remain in full force and effect.
COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT
The Company is committed to complying with U.S. copyright and related laws, and requires all Customers and users of the Internet Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is the Company’s policy, in accordance with the DMCA and other applicable laws, to reserve the right to terminate the Internet Service, with or without notice, for any Customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who the Company, in its sole discretion, believes is infringing these rights.
Upon the Company’s receipt of a notice of claimed infringement that satisfies the requirements of the DMCA, the Company will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Internet Service or (ii) disable access to the work(s). The Company will also notify the affected Customer or user of the Internet Service of the removal or disabling of access to the work(s). If the affected Customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to the Company. Upon the Company’s receipt of a counter notification that satisfies the requirements of DMCA, the Company will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, Customer expressly agrees that the Company will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Designation of Agent to Receive Notification of Claimed Infringement
Full Legal Name of Service Provider: Lumos Telephone Inc. d/b/a Lumos Networks. Alternative Name(s) of Service Provider: Lumos Telephone of Botetourt Inc.; Lumos Media Inc. Address of Service Provider: 1 Lumos Plaza, Waynesboro, VA 22980. Agent Designated to Receive Notification of Claimed Infringement: Abuse Department. Full Address of Designated Agent to which Notification Should be Sent: 1 Lumos Plaza, Waynesboro, VA 22980. Telephone Number of Designated Agent: 855-465-8667. Email Address of Designated Agent: firstname.lastname@example.org.
ACCEPTABLE USE POLICY FOR VIDEO (TV) SERVICES
The Company reserves the sole discretion to deny or restrict any of Customer’s Video / Television Services, or immediately suspend or terminate any such Service, if the use of any Service by Customer or anyone using it, in the Company’s sole discretion, violates the Company’s Terms and Conditions or any other Company policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Company’s network by the Company or other users, or violates the terms of this Acceptable Use Policy (“AUP”). Capitalized terms not otherwise defined herein shall have the meaning for such term set forth in the Company’s Terms and Conditions. For avoidance of doubt, this AUP applies in addition to, and not in lieu of, any Acceptable Use Policy adopted by the Company relating to Internet Services.
COPYRIGHT INFRINGEMENT; REPEAT INFRINGER POLICY
The Company respects the intellectual property rights of third parties. Accordingly, Customer may not store any material or use the Company’s systems or servers in any manner that constitutes or results in an infringement of third party intellectual property rights, including under U.S. copyright law. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Company may suspend or terminate any Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, the Company expressly reserves the right to suspend, terminate or take other interim action regarding any Service of any subscriber or account holder if the Company, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights the Company may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available through the Services in a manner that is not authorized by the copyright owner, its agent or the law, please contact the Company. The Company may, but is not required to, monitor Customer’s compliance, or the compliance of other customers, with this AUP. Customer acknowledges that the Company shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Services, including but not limited to content that violates the law, the Company’s Terms and Conditions or this AUP.