Effective as of January 11, 2018
Client being serviced by WireStar in any way will be known throughout the Agreement as “Customer”.
TERMS OF SERVICE ARE APPLICABLE TO SERVICE(S):
Customer understands and agrees that Sections __________ of this Residential Services Agreement apply to every service(“Services(s)”) provisioned and provided by WireStar to Customer as part of Service(s), which includes services such as data services (“Internet Services”), cable television services (“TV Programming Services”), phone services (“Voice Services”) and any equipment that is rented and supplied to Customer by WireStar (“Equipment”).
- Agreement: Customer agrees to be bound to this Residential Services Agreement by (i): Ordering a WireStar Service(s), (ii) activating a copy of the Service(s) presented to Customer at the time of installation (“Service Order”), and (iii) using Service(s) provide by WireStar at Customer’s location. WireStar may change, modify, insert or remove portions of this Residential Services Agreement at any time by posting the amended Residential Services Agreement on the Company website at __________, or by notifying Customer with accordance of ___________. Customer’s use of services after modifications to the Residential Services Agreement shall be agreed as Customer’s acceptance to any revision in this Residential Services Agreement. If Customer does not agree to the revised Residential Services Agreement, Customer must terminate their Service(s) provided by WireStar by notifying WireStar that they disagree to the revised Residential Services Agreement and return all equipment provided to Customer on behalf of WireStar, unless WireStar specifies otherwise in writing.
- Residential Use: The Service(s) provided to Customer are solely for Customer’s personal residential use. Customer shall not use Service(s) for any commercial purpose. WireStar has the right to determine what constitutes a “commercial” purpose.
- Access to Customer Premises: Customer gives WireStar and its employees and agents the right to enter Customer’s premises to access Equipment provided by WireStar, electrical wiring within Customer’s premises, and Customer’s electrical devices such as tablets, computers, televisions, and phones to install, inspect, repair, disconnect, remove, modify, update, and maintain the Equipment as well as install or deliver WireStar provided software(“Software”). Customer also agrees to give WireStar permission to update Equipment in Customer’s premises via telecommunication services. Customer agrees to cooperate in providing access to premises upon request of WireStar. If Customer is not the sole owner of premises, Customer warrants that Customer has attained the legal right and authority from the Owner of the premises to authorize WireStar and its employees and agents access to enter the premises for the purposes described in the Residential Services Agreement.
- Payment: Customer agrees to pay monthly recurring Service(s) charges and Equipment charges in advance, including all applicable fees, taxes, regulatory fees, ________, surcharges and other government assessments no later than the date indicated on Customer’s bill. Charges for non-recurring Service(s) or Equipment charges will be reflected on Customer’s subsequent bill at the current applicable rates at that point in time. If Customer desires to pay by an automatic recurring debit card, credit card, or automatic clearing house payments, Customer gives authorization to WireStar to charge the Customer’s payment account methods listed above. Customer agrees that failure to receive a bill does not void Customer’s obligation to pay the required amount. Failure to pay the total balance of a monthly recurring bill imposes a breach of this Residential Services Agreement and WireStar’s Service(s), Equipment to Customer may be removed from Customer’s premises and an imposed administrative fee (“Administrative Fee”) may be applied to Customer’s account in accordance with applicable law. WireStar’s Administrative Fee is designed to _______
Monthly Recurring Subscriptions: Customer’s monthly recurring subscription begins on the activation date of Service(s) and renews on a monthly recurring basis until cancelled by Customer. Customer’s subscription fee for Service(s) will be billed at the beginning of activation of the Service(s) and will start the period of monthly recurring subscription fees until Customer cancels subscription of Service(s). If Customer’s subscription does not renew on a day contained in a given month, Customer agrees that WireStar will bill Customer, and the Service(s) monthly recurring period will begin, as of the last date of such month. Customer has the ability to cancel subscription of Service(s) up to the last day of the service period prior to the service period Customer wishes to cancel, the cancellation of Service(s) will be for the then current period of subscription of Service(s). If Customer moves to a new location that can still be serviced by WireStar, Customer will be able to continue their subscription of Service(s). Customer abides that payments from Customer are nonrefundable and no refunds or credits to Customer will be given for partly used subscriptions of Service(s).
- Additional Fees: Additional fees, other than monthly recurring fees and an Administrative Fee, may be applied to Customer’s payment account for receiving a paper bill, charge card chargeback, returned checks, reconnection of Service(s) and service calls. Additional charges also can be applied to Customer’s payment account for if collection activities are essential to recover past due balances, including attorney fees.
- Early Termination Fees: If Customer decides to terminate or downgrade the Service before the completion of any promotional term to which Customer abides by, Customer agrees to pay WireStar an early termination fee of up to two hundred ($200.00), plus the additional outstanding charges for the Service(s) used and Equipment purchased or rented from WireStar for which Customer has not paid WireStar prior to termination. Customer agrees that early termination fees and other additional fees listed in this Residential Services Agreement may be automatically charged to Customer’s payment account provided to WireStar and Customer agrees to pay the fees requested by WireStar.
- Security Deposits: Customer agrees and recognizes that WireStar may use Customer’s credit information to (i) verify credit standing with credit reporting agencies; (ii) equip information about you, including Customer’s social security number, your account(s), and your payment history to the credit reporting agencies; and (iii) require a deposit or activation fee based on Customer’s standing of credit or past payment history with WireStar. Security deposits paid by Customer for Equipment or Services may be used, to the extent of the law, to balance any unpaid balance or charges after termination of Service(s). Customer shall stay liable for any outstanding balances after the security deposit has been applied. Further terms and conditions of the security deposit may be contained in the deposit receipt given to Customer at the time the security deposit is collected.
- Disputed Charges: Customer must inform WireStar in writing of billing errors disputes or requests for credit within thirty (30) days after Customer receives the bill for which correction of an error or credit is desired. The day and date of the dispute must be the date WireStar obtains the correct amount of documentation to enable WireStar to investigate the dispute. The date of the resolution is the date WireStar completes its investigation and notifies the Customer of the disposition of the current dispute.
- Adjustments of Refunds: Any adjustments or refunds shall be an amount equal to the pro-rata part of the monthly charges applicable to the interrupted Service(s) and related Equipment charges for the period of time during which the Service(s) is interrupted. Accomplishment of adjustment or refund will be by credit on a subsequent bill for Service(s). The liability of WireStar, its shareholders, employees, affiliates, vendors, carrier partners, content providers, and other persons or entities involved in supplying Service(s) or Equipment for damages in no event shall by reason of any delays, failures, interruptions, errors, or defects in installation of service, exceed an amount equal to the Customer’s Services charges and associated Equipment fees for a typical billing period. No credit allowance will be made for: (i) Service(s) that has been interrupted due to ignorance of any person outside of WireStar, this includes but not limited to, other carriers connected to WireStar’s facilities, (a) Service(s) that have been interrupted due to incompliance with provisions of the Residential Services Agreement by Customer or any person that Customer authorizes to use Customer’s service, (b) Service(s) that have been interrupted due to errors and failures of Customer’s own equipment or third-party equipment, (c) interruptions of Service(s) during any kind of period where the Service(s) interrupted is due to Customer requesting an order for a change in service modifications, (d) Service(s) that have been interrupted during a period of time when WireStar is not given full and free authorization to access its facilities and Equipment in the purpose to conduct corrective troubleshooting and fixing Service(s) interruption(s), (e) Service(s) for which Customer continues to use the Service(s) in its impaired state, (f) Service(s) that get interrupted by forces of nature that are beyond WireStar’s point of control, and in the event where any amount owed to Customer by WireStar is not claimed within one (1) year of the date indicated on which the amount became payable to Customer, Customer shall release all rights to the refund and all such amounts will become the property of WireStar.
Equipment And Software: If explicitly expressed otherwise in writing, any Software, cabling, network facilities, or Equipment installed or supplied by WireStar will remain in the possession of WireStar. No ownership of Software, cabling, network facilities, or Equipment will be given to Customer by virtue of payments made in accordance with to this Residential Services Agreement or by the attachment of any portion of the network facilities, cabling or Equipment to Customer’s residence or premises. Customers agrees they will:
- Not open, tamper, alter, modify, damage, or customize Equipment supplied to Customer by WireStar at Customer’s location of Service(s) for the abiding term of Services(s). Customer agrees to secure WireStar owned Equipment from loss or damage of any kind, and will not permit anyone other than a WireStar authorized representative to perform any work on the Equipment, unless WireStar explicitly authorizes Customer to perform procedures that modify, alter, damage, open, or customize WireStar’s Equipment in any way.
- Return use of Equipment solely owned by WireStar in Customer’s location of provided Service(s) for such cases as termination of Service(s) or cancellation of Service(s)(for whatever reason). Customer agrees they have no right of possession to keep Equipment owned by WireStar and must return the Equipment in a timely manner requested upon Customer by WireStar. Equipment returned to WireStar must be in the same condition as when Customer first received the Equipment, with the exception of natural wear and tear by forces of nature and the forces of the wear and tear of the Equipment itself. If Customer fails to return WireStar owned Equipment, Customer agrees to pay any expenses WireStar incurs in retrieving the Equipment. Failure of WireStar to remove the Equipment from Customer’s location of Service(s) does not mean WireStar has disregarded the Equipment. WireStar may inflict charges for unreturned Equipment or may charge Customer a monthly recurring Service(s) fee every month until any remaining Equipment has been returned to WireStar until the Equipment amount has been collected by WireStar or fully paid by Customer.
- Be liable for the cost, replacement, and repair of the Equipment supplied to Customer’s location of Service(s).
- Operate any Equipment directed solely by WireStar’s instructions. Failure to follow the instructions will release the liability of WireStar and its associated people and entities and may make the Customer liable for damage to the Equipment if such an interruption in Service(s) occurs.
- Let WireStar perform tests and inspections necessary to determine that the Customer is following the Residential Services Agreement set herein.
- Agree and comply with terms and conditions of any Software license agreement that is provided with the Software that is provided with the Equipment. Software in WireStar’s Equipment will be purely used in connection with the Service(s) and Customer will not tamper, alter, modify, translate or reverse engineer the Software. For whatever reason Customer’s Service(s) gets terminated or cancelled, Customer agrees to return all Software provided by WireStar and any related materials that are written. WireStar has the authorization to update, modify, and improve the Software and Equipment at any time through electrical transmission.
- Let WireStar repair or replace Equipment or Software that is deemed defective, provided that the Equipment or Software being repaired or replaced was not damaged by the fault of the Customer. WireStar is not liable for service, operation, or maintenance of any of Customer’s equipment, including but not limited to, computer devices, remote controls, televisions, and other electrical devices including any hardware, firmware, and software of the third-party that may be connected to Customer’s Service(s) that is supplied by WireStar.
- Accept liability for any Equipment that WireStar authorizes Customer to take into possession after a termination or cancellation of services (for whatever reason) or after Equipment has been upgraded or replaced with new Equipment.
- Theft of Service: Customer has no authority to distribute, duplicate, intercept, resell WireStar’s Service(s) in any way. Customer in no way is permitted to use WireStar’s Service(s) and Equipment that is used for the Service(s) to interact in any illegal or unlawful activity.
- Liability of Customer: Customer is required to be at least eighteen (18) years of age to be authorized to be eligible for Service(s) with WireStar. Liability for Customer extends to events such as use or misuse of the Service(s) or Equipment and is responsible for any access, including persons who use Customer’s subscribed Service(s). Customer understands that Customer’s persons (“Users”) acknowledge and comply with all the terms and conditions that are related to the Service(s) used.
- Termination: If such an event occurs, WireStar may terminate this Residential Services Agreement at any time without prior notice if Customer or a User fails to abide with the terms and components of this Residential Services Agreement, and WireStar’s Acceptable Use Policy (“AUP”) or for whatever reason or no reason at all. If WireStar, at WireStar’s full discretion, terminates Service due to a breach in the terms of the Residential Services Agreement, Customer can be exposed to additional charges and fees, including disconnection and termination of Service(s) fees and WireStar may exercise other rights and methods accessible under the law.
- Customer Obligations Upon Termination: Consequent to termination of Service(s) to Customer by WireStar, Customer agrees to discontinue use of Equipment, Service(s), and Software and Customer will pay the remaining balance in full for Customer’s use of Service(s) and Equipment through (i) Customer’s current Service(s) month, (ii) if applied during the signing of Customer for Service(s), the expiration of any promotional term, (iii) the day and date for when the Equipment or Software in WireStar’s possession used for Customer’s Service(s) has been returned to WireStar.
- No Waiver: Failure of WireStar to impose this Residential Services Agreement and any of its associated components, for any reason shall not establish a waiver of any right of WireStar or the ability to claim such right at any time in the future.
- No Assignment: Customer has no authority to designate or transfer the Service(s) or any related rights connected with the Service(s) in any way.
- Limitation of Warranty and Liability: CUSTOMER AGREES THAT THERE ARE NO WARRANTIES OF ANY KIND AND THE EQUIPMENT AND SERVICE(S) PROVIDED BY WIRESTAR IS ON AN “AS AVAILABLE” AND “AS IS” BASIS, EACH OF TWO EXPRESS OR IMPLIED. THIS INCLUDES, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND IMPOTENT OF REJECTION, RESTRICTION, OR MODIFICATION UNDER THE LAWS RELATED TO THIS RESIDENTIAL SERVICES AGREEMENT. WIRESTAR IMPLIES NO WARRANTY THAT SERVICE(S) PROVIDED WILL BE OBSTRUCTED OR FAILURE FREE OR THAT THE EQUIPMENT WIRESTAR SUPPLIES WILL WORK AS EXPECTED. CUSTOMER AGREES THAT WIRESTAR’S SERVICE(S) ARE PROVIDED AT THE CUSTOMER’S RISK AND CUSTOMER FURTHER AGREES TO TAKE TOTAL RESPONSIBLILTY FOR CUSTOMER’S USE OF SERVICE(S) AND CUSTOMER’S USER’S USE OF SERVICE(S). WITH THE EXCEPTION OF THE REFUND OR CREDIT AS EXPLICITLY ADRESSED IN THIS RESIDENTIAL SERVICES AGREEMENT, IN NO WAY OR EVENT WILL WIRESTAR BE HELD LIABLE OR RESPONSIBLE FOR ANY DAMAGE, LOSS, EXPENSE OR COST, INLCUDING DIRECT AND INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, TREBLE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF EARNING, PROFITS, BUSINESS OPPORTUNITIES, LOSS OF DATA, EMPLOYEES, PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, DESIRED BY CUSTOMER OR ANY OTHER PERSONS USING CUSTOMER’S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR FAILURE TO USE THE SERVICES, INCLUDING THE FAILURE TO USE EMERGENCY SERVICES SUCH AS 911 OR E911 OR THE USE OF THE EQUIPMENT OR ANYTHING RELATED WITH THE INSTALLTION, REMOVAL, MAINTENANCE, ERROR, OR USE OF SERVICE(S) AND/OR EQUIPMENT OR CUSTOMER’s RELIANCE ON THE SERVICE(S), INCLUDING ANY SORT OF MISTAKE, INTERRUPTION, OMISSION, MALFUNTION OF EQUIPMENT, CORRUPTED DATABASES, ON, INAHALT OF WORK PROGRESS, DELAYS IN OPERATIONS AND INSTALLATIDEQUATE STANDARDS OF OPERATION, INCOMPETANT HANDLING OF SUPERVISION, TRANSMISSION DELAYS, WARRANTY BREACH, FAILURE TO MEET STANDARDS OF SERVICE AND/OR EQUIPMENT. WIRESTAR WILL ALSO NOT BE HELD LIABLE FOR ANY ALLEGATION, SUIT, CLAIM, OR OTHER PROCEEDING RELATING TO EQUIPMENT AND/OR SERVICE(S), OR THE PATENT, TRADEMARK, INFRINGEMENT OF COPYRIGHT, CONFIDENTIALITY, PRIVACY, TRADE SECRET, OR OTHER CONTRACTUAL RIGHTS AND INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY OF ANY KIND.
THE WIRESTAR PARTIES MAKE NO WARRANTIES THAT THE EQUIPMENT, SERVICE(S), OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT LIABLE OR RESONSIBLE FOR ANY LOSS OR DETERIORATION OF SERVICE(S) DUE TO CUSTOMER EQUIPMENT AS A WHOLE OR AS A PART.
THE WIRESTAR PARTIES MAKE NO WARRANTY TO THE SECURITY OF CUSTOMER’S COMMUNICATIONS BY WIRESTAR’S SERVICES AND/OR FACILITIES, OR THAT THE EVENT THAT THIRD PARTIES WILL NOT GET UNAUTHORIZED ACCESS TO CUSTOMER’s COMMUNICATIONS. CUSTOMER AGREES THAT IT IS THE DUTY OF CUSTOMER TO ENSURE SECURITY OF CUSTOMER’s COMMUNICATIONS AND AGREES THAT WIRESTAR WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR LOSS WITH SUCH UNAUTHORIZED ACCESS.
IN THE EVENT THAT CUSTOMER IS LOCATED IN A STATE WHERE THE STATE LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR CUSTOMER’s USE OF THE SERVICE(S) OR EQUIPMENT, WIRESTAR’s LIABILITY IS LIMITED TO THE LARGEST EXTENT ALLOWED BY LAW. IN NO EVENT WILL THE LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PERSON OR PROPERTY CAUSED BY WIRESTAR’s PERSISTANT OR GROSS NEGLIGENCE, OR FOR OTHER CLAIMS, THE MAXIMUM CREDIT.
- Indemnification: Customer agrees to defend, indemnify, and hold harmless the WireStar Parties against and from any and all claims and expenses, including adequate attorneys’ fees, coming out of or related in any way to the use of the Service(s) and Equipment by Customer or otherwise arising out of the use of Customer’s account or any equipment of facilities related herewith, or with use of any other products or services provided by WireStar to Customer. Customer agrees to indemnify and hold harmless the WireStar Parties against claims, losses or suits for injury to or death of any person, or damage to property of any kind which comes from the use, presence, placement, or removal of WireStar’s Equipment, facilities and associated wiring on Customer’s premises, including and without limitation, any kind of software or content distributed, displayed, or otherwise disseminated by the Customer, its employees, or users of the Services, any claim that Customer’s use of the Service including the maintenance and registration of Customer’s selected domain name(s), infringes on patent, trademark, copyright, or other intellectual property rights of any third party; any malicious act or act in violation of any laws committed by Customer, its users or employees using the Services; and/or a violation by Customer, its authorized users or employees . Customer agrees to indemnify and hold harmless the WireStar Parties against claims claiming for slander, libel, infringement of copyright arising directly or indirectly from the material broadcasted over the Equipment and Service(s) owned by WireStar or the herewith by Customer. Customer agrees to indemnify and hold harmless the WireStar Parties against all claims for infringement of patents proceeding from putting together or using in connection with, Equipment and Service(s) equipped by WireStar, appliances, Equipment, and systems supplied by Customer; and against every other claim originating out of any act of omission of Customer in connection with the Service(s) or facilities arranged by WireStar.
- Binding Arbitration:
READ THIS SECTION CAREFULLY, IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION, RATHER THAN A PROCESS OF COURT TRAILS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING, AND SUBJECT TO VERY LIMITED REVIEW BY A COURT. THIS SECTION COVERS ALL CLAIMS AND/OR DISPUTES ORIGINATING OUT OF OUR RELATIONSHIP. CUSTOMER AND WIRESTAR AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY, EVEN IF IT IS ESTABLISHED IN TORT, CONTRACT, STATUTE, MISREPRESENTATION, FRAUD, OR ANY OTHER LEGAL METHOD, RELATING TO OR PROCEDDING FROM OUT OF CUSTOMER’s RELATIONSHIP WITH WIRESTAR, REGARDLESS OF WHETHER THE PROCEEDING PRIOR TO OR AFTER THIS OR ANY OTHER AGREEMENT, INCLUDING DISPUTES, CLAIMS, OR CONTROVERSIES PROCEEDING UNDER STATE, FEDERAL, ORDINANCE, OR LOCAL STATUTE, OR REGULATION, OR AS RELATES TO THIS RESIDENTIAL SERVICES AGREEMENT INCLUDING ANY OF ITS COMPONENTS, EVERY SERVICE AND EVERY EQUIPMENT CONTRUBUTED BY WIRESTAR OR ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS, PROMOTIONS, ADVERTISEMENTS RELATING TO THIS RESIDENTIAL SERVICES AGREEMENT OR TO THE SERVICES OR EQUIPMENT NEED BE RESOLVED THROUGH BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, WITH THE EXCEPTION THAT WIRESTAR MAY CHOOSE TO FOLLOW CLAIMS IN COURT IF THE CLAIMS CONNCECT TO THE WHOLE COLLECTION OF ANY DEBTS CUSTOMER OWES US.
- Pre-Arbitration Process: Customer must first notify WireStar before initiating an action in arbitration and give WireStar time to resolve it without the need of arbitration. Customer must begin by writing WireStar a letter summarizing the dispute and explicitly stating their demand for relief. Customer must be as descriptive as possible, such as putting down the applicable dates and the definite amount of money desired, account number and name, service address, and a reliable telephone number to be reached at. We require Customer to send the notification of dispute to PO Box 10966 College Station, Texas 77842-0966. In the event that WireStar has not resolved Customer’s dispute within thirty (30) days from when WireStar received the notification of dispute, Customer has authorization to proceed with the arbitration. Arbitration is required to be proposed by Customer within one (1) year of the date of events arising to the dispute, with the exception of billing disputes, which need to be proposed by sending a notification of dispute within thirty (30) days. Customer can waive any claim not filed in conformity with the sentence prior.
- Arbitration Rules: Initiating an arbitration begins by submitting a Demand for Arbitration to the American Arbitration Association (“AAA”). Customer can locate a Demand for Arbitration by visiting our website at wirestar.net/demandforarbitration. Arbitration will be conducted in such forum and pursuant to such rules and laws connected to commercial arbitration that are in effect on the date of the notice to arbitrate. Every arbitration must be proposed and handled in accordance with the Commercial Arbitration Rules and Mediation Procedures of the AAA and the AAA must appoint the arbitrator. The party proposing arbitration must give notice to the other party by sending in through the mail a copy of the request for arbitration to the other party at the addresses on the Service Order. At the time of arbitration, the amount of any settlement offer made by Customer or WireStar cannot be disclosed to the arbitrator until after the arbitrator calculates the sufficient amount to which Customer or WireStar is entitled. With the exception otherwise written here in this Residential Service(s) Agreement, WireStar will pay the amount in full for administration, AAA filing, and arbitrator fees for any arbitration commenced in conformity with the conditions in this Residential Services Agreement. In the event that the arbitrator catches that the material of Customer’s claim or the relief demanded is impractical or created for an erroneous purpose (in accordance by the standards set forth in Federal Rule of Civil Procedure 11(b) or (ii) if the arbitrator’s award is below the amount of WireStar’s latest written settlement offer before the arbitrator was selected, the payment of such fees will be controlled by the AAA rules. In such a case, Customer agrees to reimburse WireStar for all monies previously disbursed by it that are in other cases Customer’s duty to pay under the AAA Rules. Moreover, if Customer commences an arbitration where Customer wants more than $75,000 in damages, payment of these fees will be under the Rules stated by the AAA. Parties in affiliation to the arbitration are required to be individually named and there will be no authority for any claims to be arbitrated or otherwise tried on a class action or consolidated basis or through a representative. The arbitrator cannot consolidate proceedings for more than one person’s claims, arbitrator cannot otherwise preside over any form of a class proceeding or representative. Any Arbitration hearings must take place in the country of Customer’s service address, unless explicitly address otherwise between Customer and WireStar. The Arbitrator may not award relief more than or less than to what is stated in this Residential Services Agreement or award disciplinary damages or other damages separate from the prevailing party’s actual damages, with the exception that the arbitrator may award on an individual basis damages required by statute and can order injunctive or applicable declaratory relief. In the event that the arbitrator issues Customer an award that is more than the amount of WireStar’s latest written settlement offer before the arbitrator was selected to conduct the arbitration, WireStar will compensate Customer the amount of the award or $5,000, depending on which is the higher amount. In addition, WireStar will compensate Customer with reasonable attorneys’ fees, and reimburse any expenses, including fees for expert witnesses and costs, that Customer’s attorney reasonably accrued for investigating, pursuing, and preparing Customer’s claim in arbitration.
- Governing Law: The state laws of Customer’s service address must govern this Residential Services Agreement and any dispute proceeding hereunder with the exception of the extent that the law is preempted by applicable federal law or conflicting with federal law.
- Severability: In the event that such a term or condition of this Residential Services Agreement intends to be adjudicated or determined as false or null by a court, arbitrator, or tribunal with pertinent jurisdiction over the subject matter, the rest of the Residential Services Agreement with reference to the claim shall be deemed unaffected and will remain credible and to be imposed to the fullest duration to the limit of the law.
- No Relationship: This Residential Services Agreement will not conceive and impose any relationship, joint venture, joint employer, employer-employee, franchisee-franchisor, or principle-agent relationships between WireStar and any other network, software, backbone, circuit, content, other communications providers, hardware and equipment distributors, and other third-party providers related to any sort of Internet Service. WireStar will not impose any obligations for a loss of any kind, debts, or several other obligations provoked by the other.
- Survival: Every warranty, indemnification, dispute resolution provisions, limitations of liability, and representations in this Residential Services Agreement must survive the termination of this Agreement with the addition of any other obligations of the parties hereunder. However, by the parties terms shall the obligations by the parties be expected to survive the termination or relate to the period prior to termination. This includes WireStar’s rights, the rights of others, legal conditions, and payment.
- Force Majeure: Customer agrees that WireStar will not be liable for any catastrophe of failure such as delays in performance, Equipment, any law, regulation, order, direction, action or appeal from the government of the United States or any other government claiming jurisdiction over WireStar or any aid, bureau, corporation, department, commission or any agency of other state, federal, or local governments or of any authority from the military. Moreover, WireStar will not be liable for things beyond WireStar’s control such as actions of God, flood, fire, destructive wind forces, explosions, or any other catastrophes related to weather or any service applicable to acts of terrorism, riots, insurrections, wars, national emergencies, strikes, halt of work, shortages of material, lockouts, and unavailability of rights-of-way.
- Video Services: Applicable to only video services (including cable television services). Customer acknowledges and agrees that:
- Handling of Services: The content provided through the video services provided by WireStar is solely for the use at the Customer’s residential location. Customer must not charge any fee, directly or indirectly, as a requirement to view the Service. Customer shall not redistribute, duplicate, or use the video service in any way that violates any applicable law, Customer cannot use more than the listed number of devices that utilize video services as listed on the Service Order.
- Programming: In spite of anything to the contrary in this Agreement, WireStar’s Video Service, including but not limited to, all programming, program services and packages, amount of channel, broadcast channels, channel allocations, data offerings, and interactive services are subject to change in accordance with applicable law. WireStar will not be liable in any case for failure or interruption of program transmissions or the service in which is in whole or in part from conditions beyond WireStar’s rational control. Customer understands and accepts that there are no obligations for WireStar to provide Customer any specific programming service or channel related to WireStar’s Video Service. Moreover, Customer shall not assume or expect that there will be a particular programming service or multiple programming services that will be included in WireStar’s Video Service. If a particular program becomes unavailable in either a brief or permanent basis, WireStar will not be liable for damages such as direct, indirect, incidental, special, or consequential damages, compensation, refunds of fees for the particular program, or credits. Customer agrees if their particular program becomes unavailable, their only remedy is to terminate WireStar’s Video Service. Provisions of this paragraph do not apply to cases where Customer subscribes on an a la carte basis (channels that don’t come with part of the package). In such an event, Customer can only be entitled to a pro rata credit of amounts prepaid for the particular programming where Customer subscribes on an a la carte basis.
- Content: Customer agrees that through using the Video Service, there lies content and material that may be sexually explicit, offensive, or objectionable to Customer. Customer has access to parental control devices in the Video Services that block certain programming and filter certain content at the Customer’s full discretion. WireStar will not be liable for the effectiveness of the parental control devices, any claims, actions, losses, proceedings, suits, or any damages related to any kind of programming content supplied with the Video Service.
- Security: Customer agrees that WireStar may track the channel or Service(s) indicated by Customer or alternative information that is needed to appease any law or regulation to accurately operate the Video Services and/or to safeguard WireStar and its Customers, Equipment, Service(s), and its cable television system.
- Signal Level: Customer agrees that no more than one (1) cable programming viewing or television can be connected to a single cable receptacle. This is to ensure the legal requirements are met for minimal signal levels at Customer’s terminal.
- Internet Services: Applicable to only Internet Services, including on line video services, email services, online material, internet access services, e-commerce, and any other online services under the authority of WireStar and its affiliates, Customer agrees that:
- Supplementary Services: Customer agrees that Customer may encounter additional charges from using WireStar’s Service(s) or while interacting in types of e-commerce. WireStar is not liable for any charges that Customer has and Customer agrees that these charges are to be paid by Customer.
- Authorized Connections: Internet Services Connections will be provided by WireStar to Customer with the amount and type of Internet Service Connections(s) at the location the Customer has requested Service(s) at. Customer agrees to abide by the amount of connections and will not surpass that amount.
- Outer Equipment: Customer agrees that Internet Services(s) require Equipment provided by WireStar and that Customer cannot tamper with Equipment in any way and shall only use Equipment solely for Internet Service(s). In an event where Customer uses their own equipment along with WireStar’s to activate Internet Service(s), WireStar has no obligation or affiliation with Customer Equipment and Customer has full responsibility over their Equipment.
- Minimum Requirements of Equipment: In the event that Customer does use Customer’s owned Equipment for activating Internet Service(s), Customer agrees that the Internet Service(s) require a certain level of computer specifications outlined in WireStar’s computer specifications page. If Customer uses Equipment that is below the required level of computer specifications, Customer agrees they will not be qualified for customer support from WireStar about any technical difficulties about the quality of the electrical signals sent to Customer’s receptacle and Customer agrees that the Internet Service(s) may not successfully function as intended. CUSTOMER RECOGNIZES THAT ANY OPERATION, INSTALLATION, USE, AND ACCESS OF NON-APPROVED COMPUTER SPECIFICATIONS FOR INTERNET SERVICING EQUIPMENT COULD DAMAGE PERFORMANCE OF SERIVCE AS WELL AS DAMAGE TO CUSTOMER’S PHYSICAL EQUIPMENT, INCLUDING BUT WITHOUT LIMITATION, CUSTOMER’S ROUTER, COMPUTER, SOFTWARE, PERIPHERALS, OR CUSTOMER’S SAVED DATA. CUSTOMER AGREES THAT WIRESTAR OR ANY OR OF ITS BRANCHES, PARTNERS, AND AFFILIATES WILL NOT HAVE ANY LIABLITY OF ANY KIND FOR ANY FAILURE OR DAMAGE TO SUCH EQUIPMENT. The proceeding limitation of liability is in addition to and will not limit other limitations of liability appointed in this Residential Service(s) Agreement.
- Upgrades of Equipment: Customer agrees that WireStar has full authorization to upgrade firmware in the cable modem at any time when is it determined to be necessary, whether the cable modem is owned by WireStar or by Customer. Customer accepts all responsibility for any degrading or technical issues that the Equipment might have from failure to upgrade. WireStar will not warrant or be liable for any kind of damage, disruption, or delays in Customer’s computer device(s) or related equipment due to installation and modifications of equipment such as computer equipment, software, computer data files, network cards, and any other equipment necessary for Internet Service(s). In the event that Customer requests WireStar or its agents to install additional software, an additional cable receptacle, cable modem, and associated equipment for an additional charge, WireStar will perform operations, at their full discretion, to reach full functionality status of the Internet Service.
- Back-Up of Files: Customer agrees to handle their Computer equipment to ensure all computer files of Customer’s computer device(s) be properly saved and backed-up before installation of any Equipment to Customer’s computer network configuration. Customer agrees to accept full responsibility for any and all lost files, data, and programs. WireStar will have no liability of any damage or any loss of Customer’s files, data, computer equipment, and software.
- Prohibited Uses: Customer agrees to not use or let others use Internet Services to breach WireStar’s AUP that is provided to Customer at the activation Service(s).
- Termination: To elaborate on top of WireStar’s termination rules put forth in this Agreement, WireStar may cease all Service(s) if believed that Customer has affiliated or is in affiliation in any prohibited activities listed herein and WireStar has the authorization to seek any remedies or damages from such activates that include indirect and direct costs, fees, or expenses obtained by WireStar and/or its affiliates. After termination, WireStar has authorization to remove any data, programs, files, and e-mail addresses and messages related to such account. In addition, deletion of Customer’s account can also involve Customer releasing account IP, web space addresses, user names, and all e-mail. Incoming e-mails to Customer’s forfeited account will not be forwarded to an external account to which WireStar has no liability for the result of the damage or loss of any information, including but not limited to, names, data, accounts, or addresses.
- Network: Customer acknowledges and agrees that the network used by Customer for Internet Service(s) is not meant to protect Customer from viruses, bugs, hackers, glitches, or other network dangers that can result from having access to Internet Service(s) and that WireStar has authorization to run third party software or other methods of network security to scan internet activity for dangers of such. WireStar does not convey that such security protection will expose or fix any viruses or any other harmful network dangers and WireStar will not be liable to any sort of damage or loss of data, files, or computer equipment of any kind due to network bugs, hackers, glitches, and viruses and other network security threats.
- Web Pages: Customer has authorization to create web pages that are only for personal use. Commercial use or Business use of web pages will be deemed a breach in this Residential Services Agreement and could result in termination of Service(s). Customer has full responsibility for any and all information and content that Customer outputs to their web pages or anywhere else available on the Internet.
- Content of Services: Through using Internet Services, Customer may be exposed to content through the network that could be considered offensive, sexually explicit, objectionable, unlawful through violation of federal, state or local laws and regulations. Customer also acknowledges that transmission of Service(s) and Customer’s data may be through various networks and an change to adapt to technical specifications of connection to networks or devices. Customer agrees that WireStar and its affiliates will not be liable in any way for any damages in part to any content, including but not limited to, access to any content by Customer or Customer’s users, errors or breaches in any such content losses, transmitted by the Internet Service. WireStar and its affiliates will not be liable in any way for suits, claims, actions, and proceedings and that Customer acknowledges that programs exist that are designed to restrict sexually explicit content in which WireStar makes no warranty with respect to the capability of such programs.
- Service Repairs and Maintenance: To ensure the best functioning connection, WireStar may from time to time schedule Service maintenance or repairs to provide Customer with Internet Services. Customer will not receive credits for scheduled repairs or maintenance service calls.
- Internet Service Modifications: WireStar at any time and at WireStar’s discretion, may modify, change, give or take away sections of the Internet Service, including and without limitation, functionality, data caps, upstream and downstream speeds, storage space, content, Equipment requirements, protocol filtering and hours of available use and/or modify fees and charges for the Internet Service. If Customer is contempt with the modified service, Customer’s only option is to cancel their subscription to the Internet Service.
- Service Security: Customer agrees that WireStar may track usage patterns or Service(s) indicated by Customer or alternative information that is needed to appease any law or regulation to accurately operate the Video Services and/or to safeguard WireStar and its Customers, Equipment, Service(s), and its cable television system.
- Network Security: WireStar has authorization to protect the foundation of its network and assets by means deemed adequate, which includes and is not limited to, scanning of e-mail viruses, rejecting e-mail entry, port blocking, and limiting bandwidth usage.
- Internet Speeds: Customer agrees that Internet speeds in reality will vary on a number of contributors, including the performance and compatibility of Customer’s computer equipment, performance of network servers and routers, the length and quality of copper lines underground, Internet traffic, technical requirements of programs on Customer’s computer device(s) that use the Internet Service, and any internet management tools used by WireStar.
- Internet Bandwidth and Data Storage: Customer agrees to follow the Internet Service package they subscribed to, including bandwidth, data storage and other limitations that WireStar may modify from time to time. WireStar may include Internet Service packages that have limitations on the amount of bandwidth Customer may use, in accordance to Customer’s package. In the event that Customer exceeds the limit of bandwidth used, additional charges may apply by the rates established in the package. Bandwidth that is not used by the end date of the monthly subscription will not carry over to the next monthly subscription and will expire at the last day of the current monthly subscription of the Internet Service. Customer has full responsibility in insuring they monitor their bandwidth usage and that they agree that their bandwidth activity will not interrupt or degrade WireStar’s capability to send and monitor its Internet Service, network foundation, and/or other network services.
- Sole Risk: Customer agrees that the Internet Service implemented by WireStar is at Customer’s sole risk, including any third-party products, services provided by or obtained through the Internet Service, and any information sent through the network. Moreover, Customer agrees and acknowledges that the Internet Service is based on an “AS IS”
- Security of Customer: Due to the local sector of the network via a cable modem and everything in it being unencrypted, Customer may be subject to being monitored by third-parties and/or be subject to third-parties accessing Customer’s computer device(s) in Customer’s provided network. Customer is at their own risk when using software such as print sharing, file sharing, or other capabilities that allow third party computer access to Customer’s computer. Customer has full responsibility for any devices Customer chooses to connect or install in their computer device that aid in security monitoring. WireStar and its affiliates will not be liable in any way for any sharing software, eavesdropping, or access that is not authorized by WireStar.
- Policy Implementation and AUP: Customer agrees and authorizes WireStar and WireStar’s affiliates to interact with law enforcement authorities in the analysis and prosecution of violations of the law and system administrators at alternative Internet service providers of other networking facilities to impose this Agreement along with the AUP and other related terms and conditions of the Internet Service. Cooperation may consist of providing specific Customer identifying data to law enforcement parties.
- Customer’s Agreement To Indemnify For Misuse: MISTREATMENT OR SPECIFIC USES OF THE INTERNET SERVICE MAY RESULT IN CLAIMS BY THIRD PARTIES AGAINST WIRESTAR AND/OR ITS AFFILIATES, OWNERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, REPRESENTATIVES. WIRESTAR CANNOT CONTROL OR MONITOR THE LIFE AND ACTIVITIES OF CUSTOMERS OR USERS TO AVERT THESE CLAIMS. CUSTOMER AND CUSTOMER’S USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WIRESTAR AND ITS AFFILAITES AND THIRD PARTIES WHO ALL ARE IN CONSIDERATION OF CONTRIBUTION TO THE INTERNET SERVICE FROM ANY AND ALL CLAIMS, JUDGEMENTS, PROCEEDINGS, SUITS, LIABILITIES, INVESTIGATIONS, LOSSES, DAMAGES, EXPENSES AND/OR COST INCLUDING INCESTIGATIONS FEES AND ATTORNEY FEES, THAT RESULT INDIRECTLY OR DIRECTLY, EMERGE AND RELATE TO ANY BREACH IN THIS RESIDENTIAL SERVICES AGREEMENT OR ANY SUITABLE LAW BY THE CUSTOMER OR CUSTOMER’S USERS AS WELL AS THE USE OF THE INTERNET, SERVICE, PLACING OR TRANSMISSION OF ANY MATERIAL, POSTING, SOFTWARE OR OTHER MATERIALS FROM THE CUSTOMER OR CUSTOMER’S USER. CUSTOMER AND CUSTOMER’S USERS ALSO AGREE TO HOLD WIRESTAR AND ANY OF ITS AFFILIATES LISTED ABOVE FROM ANY BREACH, ACTIVITY, OR USE RELATED TO CUSTOMER’S SERVICE ACCOUNT FOR THE INTERNET SERVICE AND INFRIGEMENT AND/OR VIOLATION OF ANY PERSON’S ESTATE, CONTRACTUAL OR OTHER PROPRIETARY RIGHTS, INCLUDING TRADEMARK RIGHTS, COPYRIGHTS, AND PATENT TRADE SECRETS RIGHTS.
- Tracking Software and Viruses: Customer agrees that Customer has full responsibility to handle and protect from software such as cookies, viruses, and other applicable tracking devices that may be installed onto Customer’s computer device(s) which can result in severe defects and damages to Customer’s computer device(s). Customer agrees that by using the Internet Service, they may encounter these tracking devices and viruses and that WireStar is not responsible in any way in protecting Customer’s computer device(s).
- Phone Services: Applicable to provisioning of phone services, phone systems, and voicemail systems under WireStar and its affiliates. Customer agrees that:
- Phone Service Impediments: Customer recognizes that WireStar’s Phone Services won’t work properly is any of the essential Equipment is disconnected from power sources such as an outlet and that the Phone Service mat be interrupted and will not function correctly in the event a power outage occurs or if Customer’s broadband cable is disrupted and results in a malfunction. In said such event, WireStar’s Phone Service may be still in service due to the battery supply backup. Customer agrees that a battery backup does not guarantee that all voice functions will be working properly, including the use of cordless phones. In addition, if an event results in loss of power and disruption in WireStar’s network, Phone Service will not be on working order until network is properly back to its functioning state. CUSTOMER UNDERSTANDS AND AGREES THAT WIRESTAR DOES NOT ASSURE THAT 911 OR E911 SERVICES WILL BE FUNCTIONING PROPERLY IN THE EVENT OF A POWER OUTAGE OR INTERUPPTION OF FAILURE OF THE WIRESTAR NETWORK.
- E911 Service: The Enhanced 911 (“E911”) service is a feature from the Phone Service in which it has Customer’s address saved for 911 operators to locate the phone Customer is calling from. DUE TO FEDERAL LAW, THE E911 OR 911 SERVICE IS NOT AN OPTIONAL FEATURE AND CUSTOMER AGREES TO USE THE E911 OR 911 SERVICE AND MAY NOT DISREGARD THIS FEATURE. BEFORE INSTALLATION OF PHONE SERVICE, CUSTOMER AGREES TO PROVIDE WIRESTAR WITH A VALID STREET ADDRESS WHERE CUSTOMER IS USING THE PHONE SERVICE AND AGREES TO NOT CHANGE POSITION OF PHONE SERVICE. IF CUSTOMER DOES MOVE PHONE TO DIFFERENT LOCATION, CUSTOMER’S PHONE WILL NOT FUNCTION PROPERLY AND E911 AND 911 OPERATORS WILL NOT BE EQUIPPED WITH THE CORRECT LOCATION IN THE EVENT OF AN EMERGENCY.
- Equipment Reset after Power Failure: In the event of a power failure or disruption in power, WireStar may request Customer to reconfigure and reset Equipment before using the Phone Service and/or E911/911 service. The term power failure may include battery failure in the EMTA. If Customer has encountered a battery failure in the EMTA, Customer has the option to call WireStar for a guide on how to attain a properly working battery.
- Using TTY and TDD Devices: Customer understands that the E911/911 service may not be entirely adaptable with all categories of TDD and TTY devices for the hearing impaired. WireStar will not assure or provide emergency services that are compatible with every TDD. TTY, or any other hearing impaired devices.
- Residential Security Systems: Customer understands that the Phone Service provided may not be compatible with third-party home security devices and other related communications systems. In addition, Customer understands that such systems may not operate as intended in the event of a power loss, outage, or disruption occurs in WireStar’s network.
- Phone Plans: Customer agrees that Customer will not have an option of using a separate “long-distance only” or “local only” calling service and will use the only phone plan option WireStar offers.
- Charges Associated with Phone Service: Customer acknowledges and agrees to pay WireStar for charges additionally added to the monthly recurring charges such as:
- Taxes: Customer is responsible in managing and paying separate payments of any related use, surcharges, gross receipts, sales, excise, local, state and federal taxes, or access fees related by the provision of the Phone Service. In any event where tax-based fees are applicable, Customer has sole responsibility to pay such fees, whether it be before or after the required due date.
- Regulatory Fees: Customer agrees to pay any fees or payment obligations that are deemed applicable with Phone Service that may be directed by government or quasi-governmental bodies that are associated with the use, sale, installation, or provisioning of the Phone Service and any regulatory fees that WireStar sends to Customer in settling funds for state, federal and municipal government programs such as E911/911 Services, telecom relay services for the visually and hearing impaired, and universal services. Fees, taxes, and surcharges are all determined by WireStar on Customer’s account where they will be given to governmental authority. WireStar will not be related to or liable for the collection of any taxes, fees, and/or surcharges.
- Surcharges: A surcharge may be appointed on charges for the Phone Service arising from states that levy or assert a claim to levy, a gross receipts tax on WireStar’s activity in any such state or a tax on interstate access charges acquired by WireStar for access to telephone exchanges in that state. Surcharges will be presented in Customer’s monthly recurring invoice. The surcharge will be based on state directed receipts taxes and other state taxes that are applied directly or indirectly to WireStar, which will be measured by gross receipts or revenues of WireStar in that state and/or payment of interstate access charges in that state. In addition, surcharges may also be appointed for international directory assistance, international mobile termination fees charged by foreign wireless telecommunications providers, operator assisted calls, and calls made to premium services such as talking services.
- Third Party Charges: Customer is solely responsible for any and all usage, whether Customer authorized the use of the Phone Service or not, under Customer’s account of the Phone Service, including any fraud from a third-party. Customer agrees that all usage of the Phone Service must comply with this Residential Services Agreement.
- Casual Calling Charges: Customer agrees to pay the required amount of any charges coming from any “casual calling” services such as 10-10-925 that are provided via third-party.
- Pay-Per-Call Services: Customer has full responsibility in paying all fees and charges associated with any pay-per-call service providers. WireStar will have no affiliation with pay-per-call service providers and will not aid in Customer’s billing or services with the pay-per-call service providers.
- Telephone Wiring: Customers agrees to give WireStar and WireStar’s affiliates authorization to disconnect the service Customer had prior to WireStar’s Phone Service as well as give WireStar and WireStar’s affiliates authorization to splice, reconstruct, disconnect, and otherwise modify the preexisting telephone wiring that is in the boundaries of Customer’s premises to complete the Phone Service installation process.
- Phone Service Uses: Customer agrees that usage of the Phone Service or any of the features, functions, and any other available abilities as well as the features, functions, and other abilities of a third-party will not be used for anything that is in violation in any way of the local, state and federal law. WireStar has full authorization to terminate Customer’s Phone Service if WireStar notices any usage from Customer that is deemed unlawful.
- Prohibited Use of Phone Service: Customer agrees to use the Phone Service from Customer’s location only for person-to-person calls and direct-dialing. Customer agrees that use of the Phone Service for any kind of use involving utilizing engineered calls for outbound calling, which includes call forwarding and/or any calling features that carry out outbound calling, repetitive auto-dialing or quick calling with predetermined dialers, and lastly, any usage that puts WireStar’s network in jeopardy is a direct breach in this Agreement and may result in termination. Additionally, Customer agrees that using the Phone Service for any commercial reason such as call center services, chat lines, telemarketing, or anything in which involves receiving enterprise profit or income, is a breach in the Residential Services Agreement and may be subject to Customer termination. Customer agrees that Customer is fully responsible for any charges that involve fraud (including toll fraud) or any unauthorized use of the Phone Service.
- Service Interruption and Dangers: Customer agrees to give WireStar authorization to disconnect and modify Customer’s Phone Service without notice if, in WireStar’s judgment, Customer’s line is either interrupting other WireStar customer’s lines or Customer’s Phone Service is hazardous and could potentially put Customer in unsafe conditions with continued use of the Phone Service.
Porting Phone Numbers: In the event that Customer needs to switch services to WireStar from another provider, Customer has the ability to transfer Customer’s current phone number as long as the succeeding requirements apply:
- Customer must request a transfer of the telephone number(s) when placing the Phone Service order.
- Customer must provide correct information regarding Customer’s address, existing phone numbers, and the current provider Customer is terminating services with.
- Customer must transfer the phone number(s) and must not be in violation of any law or any conditions WireStar implements.
- Customer’s service provider prior to WireStar must release Customer’s current phone number(s) without any non-industry-standard charges put on WireStar.
- Customer agrees that for if Customer’s EMTA is self-installed prior to the date that the transferring of phone numbers has initiated, Customer must keep Customer’s existing phone service up till after the transferring of phone numbers has commenced. After the commencement of transferring phone numbers, Customer will be able to make and receive calls using the WireStar Phone Service.
- If in fact Customer wants to reschedule or cancel the requested date for activation of the Phone Service, Customer must alert WireStar of this information three (3) days before the requested date in order to keep Customer from having severe interruptions in the Phone Service.
- Customer must cancel any existing long distance services for if Customer is expected to have separate long distance services and local service providers.
Switching Services: In the event of transferring Customer’s phone number(s) from WireStar to another service provider, Customer agrees to place the order of transferring services through Customer’s new service provider. Customer’s new service provider must:
- Submit and complete a suitable transfer request to WireStar.
- Accept the transfer of Customer’s phone number(s) without a charge or setback in time.
- Transfer the Customer’s phone number without violating any conditions that WireStar holds.
- Reserved Telephone Numbers: In the event that Customer is acquiring a new telephone number from WireStar, WireStar will reserve the telephone number as long as Customer agrees to not share, publish or advertise the selected reserved number before the activation of the reserved telephone number. Customer agrees that reserved telephone numbers are in no way property to Customer and Customer has full responsibility for any loss or expense that would result from Customer’s usage of reserved numbers.
- Directory and Non-Published Listings: WireStar will bring efforts in correctly display the customer list information and inhibit disclosure and publication of the requested listing information that is non-published. IN NO EVENT WILL WIRESTAR PARTIES’ LIABILITY FOR DESTRUCTION PROCEEDING FROM OMISSIONS AND FAILURES IN THE CREATING PROCESS OR PRINTING OF DIRECTORIES, FOR AGREEING OR PUBLISHING LISTINGS AS DISPLAYED BY CUSTOMER, OR FOR ANY OMISSION OR FAILURE ON INTERCEPT SERVICE, SURPASS THE AMOUNT THAT ACTUALLY PAID TO WIRESTAR TO LIST OR NOT LIST, PUBLISH OR NOT PUBLISH THE INFORMATION FOR THE CONCERNED PERIOD.