Digital Phone Service Terms & Conditions
Contents
1. amounts you may owe the value of all discounts you received In the event after all discounts have been repaid there is a balance remaining due to you we will refund any balance due to you within thirty 30 days of receipt of such cancellation notice or upon the return of the Equipment in working order normal wear and tear excepted if later You may not assign or trans fer the Service without our written consent These policies and practices shall survive the termination of your Service 4 Equipment Inside Wiring At the time we installed any Equipment you acknowledge that we a demonstrated that the Equipment was function ing properly b instructed you in its use c provided you with a copy of these Terms and Conditions for Digital Phone Service and d demonstrated how to set up a unique purchase authorization code for the ordering of programming or other services through the converter box if applicable You are responsible for maintaining the security of the Equipment and the pur chase authorization code The Equipment is and at all times shall remain the sole and exclusive property of Northland unless you have purchased it SERVICE S LABOR MATERIALS WORK OR EQUIPMENT FURNISHED TO YOU OR FROM YOUR USE OR INABILITY TO USE THE SERVICE S SOME STATES MAY NOT ALLOW THE EXCLUSION OF OR LIMITATION OF ANY OR ALL OF THESE TYPES OF DAMAGES OR THE LIMITATIONS ON IMPLIED WARRANTIES AND ONLY IN SUCH CASES THE ABOVE EXCLUSIONS MAY2. is described in Northland s Customer Privacy Policy and is also posted at www yournorthland com You acknowledge receipt of the Customer Privacy Policy 29 Applicable Law Severability These policies and practices including all matters relating to their validity construction performance and enforce ment shall be governed by applicable federal law the rules and regulations of the FCC and the laws and regulations of the state and local area where the Service s is provided These policies and practices are subject to amend ment modification or termination if required by such regulations or laws If any provision in these policies and practices is declared to be illegal or in conflict with any law or regulation that provision may be deleted or modi fied without affecting the validity of the other policies and practices 30 Notice Notices to you shall be deemed given when deposited in the U S mail addressed to you at your last known address hand delivered to you or your place of residence or provided by other reasonable means including to an email account We reserve the right to provide electronic or telephonic notice to you including cablecasting such notice on our local information channel which shall be deemed given when provided Notice to us shall be deemed given when received by us in writing 31 Procedure for Resolving Customer Complaints If you have any com plaints regarding the quality of your service you should c
3. specifically designated to receive incoming 911 calls at such local provider s facilities when such calls are routed using traditional 911 dialing 22 Automated Number Identification THE PSAP OR LOCAL EMERGEN CY SERVICE DISPATCHER RECEIVING YOUR 911 CALLS MAY NOT BE ABLE TO CAPTURE AND OR RETAIN AUTOMATED NUMBER OR LOCA TION INFORMATION THIS MEANS THAT THE DISPATCHER MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE 911 CALL Although Northland s system is config ured to send the automated number identification information there may be several telephone companies and VolP providers other than Northland that may be involved in routing your call to emergency personnel and PSAPs The emergency response systems and the PSAPs themselves must be able to receive the information and pass it along properly Existing emergency response systems and PSAPs may not always be technically capable of re ceiving and or passing routing information properly You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed is dropped or disconnected or if you are unable to speak to tell them your phone number and or if the Phone Service is not operational for any reason including without limitation those listed herein 23 Automated Location Identification At this time in the technical devel opment of Nor
4. NOT APPLY TO YOU YOU MAY HAVE ADDITIONAL RIGHTS OR REMEDIES AS TO CERTAIN SERVICE S UNDER THE TERMS OF THE FRANCHISE GRANTED US IN YOUR AREA YOU AGREE TO DE FEND INDEMNIFY AND HOLD HARMLESS NORTHLAND ITS PARENT COMPANY SUBSIDIARIES AND THEIR these are included in the defini tion of Northland CONTRACTORS OFFICERS AND DIRECTORS FROM ALL LIABILITIES CLAIMS AND EXPENSES INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS FEES THAT ARISE FROM YOUR USE OR MISUSE OF THE SERVICE S NORTHLAND RESERVES THE RIGHT AT ITS OWN EXPENSE TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU IN WHICH EVENT YOU WILL COOPERATE WITH NORTHLAND IN AS SERTING ANY AVAILABLE DEFENSES 8 Residential Use of Phone Service and Device If you have subscribed to Northland s digital phone service the Phone Service for use at your Home the Phone Service and any device are provided to you as a residential user for your personal residential non business and non professional use This means that you are not using them for any commercial governmental profitmaking or non profit activities including but not limited to home office business or sales activities telecommuting telemarketing including without limitation charitable or political solicitation or polling autodialing continuous or extensive call forwarding fax broadcasting fax blasting or any other activ ity that would be inconsi
5. tion charitable or political solicitation or polling fax broadcasting or fax blasting Northland reserves the right to immediately terminate or modify your Phone Service if Northland determines in its sole discretion that the Phone Service is being used for any of the aforementioned activities 10 Prohibited Uses You agree to use the Phone Service and device only for lawful purposes This means that you agree not to use the Phone Service for transmitting or receiving any communication or material of any kind when in Northland s sole judgment the transmission receipt or possession of such communication or material would a constitute a criminal offense give rise to a civil liability or otherwise violate any applicable local state national or international law or b encourage conduct that would constitute a criminal offense give rise to a civil liability or otherwise violate any applicable local state national or international law Northland reserves the right to terminate your Phone Service immediately and without advance notice if Northland in its sole discretion believes that you have violated the above restrictions leaving you responsible for the full month s charges to the end of the current term including without limitation unbilled charges plus a disconnect fee all of which immediately become due and payable and may at Northland s discre tion be immediately charged to your credit card You are liable for any and a
6. Digital Phone Service Terms amp Conditions NORTHLAND communications X 54898 We may at our option supply new or reconditioned Equipment to you You must have our prior written consent to sell or give away the Equipment The Equipment may only be used in your Home for your residential and personal use or in the case of a business account at your business solely for the use of your business penalties and damages may result from unauthorized use of the Equipment If you cease to be our customer you will be responsible for promptly returning the Equipment to us If you move do not leave the Equipment in your vacant Home place of business or with anyone else You are responsible for preventing the loss of or damage to the Equipment we provide to you If the Equipment is damaged destroyed or stolen you will be liable for the cost of repair or replacement of the Equipment The Equipment must be returned to us in working order normal wear and tear excepted or else you may be charged the retail price for a new replacement for each piece of Equipment not returned or returned but not in working order normal wear and tear excepted In the event you have us repair or maintain the inside wiring we are not responsible for problems with the operation of your television television related equipment computer or computer related equipment We do not service computers television receivers or any other television related or computer rel
7. EQUIPMENT ARE PRO VIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION WAR RANTIES OF TITLE OR NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WE MAKE NO WARRANTIES AS TO THE SERVICE S PERFORMANCE IN CLUDING BUT NOT LIMITED TO ANY WARRANTY THAT ANY DATA FILES OR OTHER COMMUNICATIONS BY OR TO YOU WILL BE TRANS MITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME OR THAT THE SERVICE S WILL BE UNINTERRUPTED OR ERROR FREE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE S WE MAKE NO WARRANTY AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE SERVICE S OR THAT THIRD PAR TIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER S OR ONLINE OR DIGITAL PHONE COMMUNICATIONS REPAIR OR REPLACEMENT OF NONCONFORMING EQUIPMENT AS PROVIDED IN THIS SECTION SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR SOLE REMEDY REGARDLESS OF WHETHER CLAIMS OR REM EDIES ARE SOUGHT IN CONTRACT TORT INCLUDING NEGLIGENCE STRICT LIABILITY OR OTHERWISE WITHOUT LIMITATION IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR SPECIAL INDIRECT INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM OUR PRO VISION OF OR FAILURE TO PROVIDE ANY EQUIPMENT OR SERVICE S TO YOU OR FROM ANY FAULT FAILURE DEFICIENCY OR DEFECT IN at the time Service s is installed Thereafter we will bill you each month i
8. Y ACKNOWLEDGE THAT IN THE EVENT OF A POWER OUT AGE OR OTHER SERVICE AFFECTING SCENARIO NEITHER NORTHLAND NOR ANY OF ITS SUBSIDIARIES PARENT COMPANIES AGENTS NET WORK SERVICE PROVIDERS PARTNERS OR EMPLOYEES ARE LIABLE FOR THE AVAILABILITY OF 911 SERVICE FROM YOUR NORTHLAND DEVICE AND NORTHLAND PHONE SERVICE 18 Use of TDD or TTY devices Although current developments in IP tech nologies provide reliable transfer of voice and data over broadband con nections such as cable lines the nature of the technologies may not be fully compatible with the existing 911 systems currently in place in your area of service Additionally Voice over Internet Protocol VoIP 911 services such as Northland s 911 type service may not be fully compatible with all types of TDD or TTY devices for the hearing impaired and that where such devices are used to make calls you agree and acknowledge that neither Northland nor Northland s third party providers hold themselves out as providing or en abling Northland to provide emergency services compatible with any TDD TTY devices You further acknowledge that Northland has apprised you of any and all risks associated with your use of Northland s 91 1 type service and that Northland does NOT recommend that you use the Northland 91 1 type service as your sole and primary means of reaching a 911 operator in case of an emergency 19 Dialing Requires Activation You are required to provide an accurate P
9. ated equipment such as VCRs home anten nas or other cable compatible equipment which is not owned by us even if it is attached to the cable or to the Equipment Certain other limitations may apply None of the Equipment inside wiring or any of our cable placed under over on or about your Home business or property in connection with the installation of the Equipment and Service s shall be deemed fixtures or in any way part of your real property It may be removed by us at our option at any time during or following the termination of your Service If you voluntarily cancel your Service you may have the option of purchasing the inside wiring at the per foot replacement cost of the cable If you decide not to purchase the inside wiring we may remove it in accordance with ap plicable rules and regulations 5 Access to Customer s Home or Business You authorize us to enter your Home or business in your or your representative s presence or enter upon your property during normal business hours or by appointment to install in spect maintain replace remove or otherwise deal with the Equipment and Service This authorization includes allowing us to be on your property outside your Home or business at reasonable times even if you are not at the prem ises You authorize us to make connections and perform other tasks we deem necessary or desirable to enable us to provide Service s to you If you are not the owner of your Home or business
10. eceive incoming 911 calls using traditional 911 dialing Northland relies on third parties for the forward ing of information underlying such routing and accordingly Northland and its third party provider s hereby disclaim any and all liability or responsibility in the event such information or routing is incorrect Neither Northland nor its underlying service providers nor their officers or employees may be held liable for any claim damage or loss and you hereby waive any and all such claims or causes of action arising from or relating to Northland s 91 1 type dialing and services unless it is proven that the act or omission proximately causing the claim damage or loss constitutes gross negligence or intentional misconduct on the part of Northland or its underlying service providers You agree to indemnify and hold harmless Northland and its third party provider s from any claim or action arising out of misroutes of 911 calls including but not limited to your failure to follow correct dialing or use procedures for 911 call ing or use of your Northland device or your provision to Northland of incorrect information in connection therewith 15 Service Outage Power Failure or Disruption You acknowledge and understand that 911 dialing will not function in the event of a power failure or disruption Should there be an interruption in the power supply for any reason whatsoever the Phone Service and 911 dialing will not function unless and unti
11. eive Service s Special Offer means a promotional offering of Service s subject to certain conditions and or restrictions TERMS AND CONDITIONS FOR DIGITAL PHONE SERVICE 1 Payment for Services You are responsible for all charges for the Service s including without limitation any pay per view event s or other Service s ordered through the converter box Charges for Service s start the day after Service s is installed The charges for one month s Service s any required deposits and any installation or Equipmentlease fees are payable You may install inside wiring such as additional cable wiring and out lets Regardless of who does the work the inside wiring within your service location must not interfere with the cable system s normal operations With respect to the inside wiring much of the Equipment and devices necessary to receive our Service s are available both from us and other third parties If you do not purchase or lease such Equipment and devices from us you are responsible for ensuring that they do not interfere with the cable system s nor mal operations and other communications systems and devices For example you agree not to install anything to intercept or receive or assist in intercepting or receiving or which is capable of intercepting or receiving any Service s offered over a cable system unless specifically authorized to do so by us or as may otherwise be specifically authorized by law You also a
12. erms and Conditions for Digital Phone Service along with your signed Subscriber Agreement for Video Internet and or Digital Phone Service constitute the terms and conditions collectively known herein as the Subscriber Agreement governing your use of Northland s services includ ing video Internet and or digital phone services the Service s The infor mation contained herein may also be found at Northland s website www yournorthland com Northland reserves the right to amend any of the terms and conditions set forth or incorporated by reference herein from time to time as it deems necessary with such changes being effective as to all use of the Services from and after the effective date The effective date is stated at the bottom of this document If you find any amendments to Northland s terms and conditions unacceptable you may cancel your Service subject to any early termination fees that may be applicable Your continued use of the Service s shall be your acceptance of these terms and conditions and any amendments thereto Any questions regarding Northland s terms and conditions may be directed to Northland Communications Corporation 101 Stewart Street Suite 700 Seattle Washington 98101 Attn Legal Department Definitions As used in this pamphlet in either lowercase or uppercase We Northland us or our means Northland Communications Cor poration dba Northland Communications its affi
13. gree that you will not attach anything to the inside wiring or Equipment which singly or together results in a degradation of our cable system s signal quality or strength You may not attach any device or Equipment to any inside wiring in a way that impairs the integrity of the local cable system such as creating signal leakage which may cause a violation of government regulations or attaching devices or Equipment which alone or together result in a degradation of signal qual ity We are entitled to recover damages from you for tampering with any of the Equipment or any other part of the cable system or for receiving unau thorized Service Inside wiring maintenance may not be your responsibility if you rent your Home or business location Contact your landlord or building manager to determine responsibility 7 Limited 30 Day Warranty General Disclaimer of Warranties General Limitation of Liability Indemnification WE WARRANT FOR A PERIOD OF THIRTY 30 DAYS FROM THE DATE OF OUR INSTALLATION OR REPAIR THAT THE EQUIPMENT WE HAVE INSTALLED OR REPAIRED WILL MEET ACCEPTED INDUSTRY STANDARDS AND BE FREE FROM DEFECTS IN MATERIALS OR WORKMANSHIP IF YOU REPORT TO US WITHIN THE 30 DAY PERIOD ANY FAILURE OF OUR EQUIPMENT TO CONFORM TO THIS WARRANTY WE SHALL REPAIR OR REPLACE THE NONCONFORM ING EQUIPMENT THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION ALL SERVICE S AND
14. hone Service When you dial 911 using your Northland approved device and Phone Ser vice your call is generally routed from the Northland network to third party providers who route the emergency call to the Public Safety Answering Point PSAP or local emergency service personnel associated with your telephone number Each PSAP serves a designated geographic area When you sign up for Northland Phone Service your telephone number will correspond to your Physical Address Your Physical Address for purposes of your Phone Service is the location where you receive your Phone Service from Northland Your Physical Address may or may not be the same as your billing address where you receive your Northland bill You acknowledge and understand that it is your responsibility to provide Northland with your proper Physical Address Northland and its third party provider s hereby disclaim any and all liability and responsibility in the event that you provide an incorrect Physical Address to Northland When you dial 911 from a Northland device using Northland s Phone Service you acknowledge and understand that Northland and or its underlying service providers will endeavor to route your call to the general PSAP or local emergency service personnel which may not be answered outside business hours assigned to your telephone number You acknowledge and understand that you may not be routed to the same 911 dispatcher s who are specifically designated to r
15. hysical Address and other information to Northland upon purchasing the Northland Phone Service You must properly connect the Northland device in order for the Northland Phone Service to function properly You acknowl edge and understand that 911 dialing does not function unless you have successfully configured and connected your Northland device and Phone Service and provided accurate and updated information You acknowledge and understand that you cannot dial 911 from this line unless until you have confirmation that your Northland device is operational 20 Failure to Designate the Correct Physical Address When Activating 911 Dialing or Moving Your Device Failure to provide your current up dated and correct Physical Address and location of your Northland Equip ment may result in any 911 call you make being misrouted to the incorrect local emergency service provider Northland s Phone Service is intended to function from your Physical Address which MUST correspond to the physical address where you receive your primary Northland Service and where your Northland device is physically located If you have more than one Northland device at your Physical Address and each device has a different number you must make sure that the Physical Address corresponds to each number 28 Privacy Disclosures Information required to be disclosed by the Cable Act and the Privacy Act including information relating to personally identifi able information
16. ice but rather are transferring an existing phone number you must sign Northland s Letter of Authorization the LOA authorizing Northland or its designated agent to work with your previous service provider to transfer your existing number In addition to the terms and conditions of the LOA the terms and conditions of this paragraph shall also apply a you agree and acknowledge that if you set up your Northland device prior to the date that the number port becomes effective Port Effective Date you will only be able to make outgoing calls with your Northland device In such event Northland strongly recommends that you keep another phone at your Physical Address to receive incoming calls until the Port Effective Date after which you will be able to both make and receive calls using the Northland Phone Service and b you agree and acknowledge that if your device is not yet activated as of the Port Effective Date your existing phone service for the number you are transferring will be disconnected and you will have no service for that line Therefore to avoid an interruption in Service s it is extremely important that you properly install your Northland device prior to or on the Port Effective Date An estimate of the Port Effective Date will be provided to you by Northland via mail phone or email following your completion of the ordering process 27 Failure to Comply with these Policies and Practices If you fail to pa
17. l power is fully restored A power failure or disruption may require you to reset or reconfigure the Northland device or other Northland equipment at your premises prior to utilizing the Phone Service or 911 dialing 16 Broadband Service Internet Service Provider Outage or Termination Suspension or Termination by Northland You acknowledge and understand that Service s outages or suspension or termination of Service s for any reason will prevent ALL Phone Service including 911 dialing You acknowl edge and understand that if there is a service outage for ANY reason such outage will prevent ALL Phone Service including 911 dialing Such outages may occur for a variety of reasons including but not limited to those reasons described herein 17 Limitation of Liability and Indemnification Regarding 911 Emergency Services YOU ACKNOWLEDGE AND UNDERSTAND THAT NORTH LAND S LIABILITY IS LIMITED FOR ANY PHONE SERVICE OUTAGE AND 24 Alternative 911 Arrangements You acknowledge that Northland does not offer the Phone Services as the primary line for emergency services You should always have an alternative means of accessing emergency services such as 911 or E911 25 Provisions Regarding Compatible Customer Equipment and Services You acknowledge and agree that the Service s may not support and that Northland has no responsibility for the operation or support maintenance or repair of any customer equipment You acknowledge a
18. liates employees succes sors assigns and authorized agents You or your means a customer who subscribes to Northland s Service s User means a person who establishes an account with Northland or uses Service s Equipment means one or more of the following cable modem converter box TiVo box Digital Video Recorder DVR remote control unit security device addressable control module decoding trap s A B switch coaxial cable parental lock out device MTA or any other device installed in or around your Home or provided by us necessary or convenient for you to receive video programming Internet connectivity digital phone or other Service s Inside wiring is not Equipment Home means the residence or dwelling including a single family home apartment or any other type of dwelling unit where the Service s are installed Hourly service charge means the hourly charge you pay us for certain services Initial Term means your initial term of commitment to subscribe to Service s A minimum Initial Term may be required to receive Special Offers Inside wire or inside wiring means the cable that runs inside your Home to a point 12 inches outside of your Home and includes any extra outlets splitters connections fittings or wall plates attached to it Installed means either installed or activated Physical Address means the physical address or addresses where you rec
19. ll use of the Phone Service and or device by yourself and by any person making use of the Phone Service or device provided to you and you agree to indemnify and hold harmless Northland against any and alll liability for any such use If Northland in its sole discretion believes that you have violated the above restrictions Northland may forward the objectionable material as well as your communications with Northland and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such use disclosure and or forwarding 11 Use of Phone Service and Device by Customers outside the United States Northland does not presently authorize the use of the Phone Service outside of the United States Northland makes no warranty express or im plied regarding the performance or function of the device if you attempt to use the Phone Service outside of the United States 12 Voice Mail If you are a customer of Northland s voicemail service your voicemail greeting is limited to five 5 minutes in length and mes sages left in your voicemail cannot exceed ten 10 minutes in length Your voicemail mailbox size limit is ten 10 MB or about 100 messages New accessed or saved voicemail messages are automatically deleted from the system after 180 days If you require indefinite storage of your voicemail messages you may activate email message forwarding through your online account po
20. location you acknowledge that you have obtained consent from the owner of the Home or business location for installation and you agree to supply us upon request with the owner s name and address and evidence that you are authorized to give us access on the owner s behalf We will not be liable for any damage loss or destruction to your Home business or any property during installation If you are the owner of your Home or business location you grant us an easement over and across your property fo attach our cables and related facilities to any utility pole cur rently on your property during the term that you are a customer This easement is in addition to and not in substitution for any other right we may have to place our cable property in and along any existing easement or right of way regardless of the nature origin or theory underlying such right 6 Unauthorized Service and Use of Equipment We provide Service s to you for your private use and enjoyment This consent may be withheld at the sole discretion of either party You agree not to attach any unauthorized device to the cable or Equipment If you make any unauthorized connection or modification to the Equipment or any other part of the cable system you will be in breach of these policies and practices and we may terminate your Service s and pursue the other remedies available to us by law NORTHLAND COMMUNICATIONS TERMS AND CONDITIONS FOR DIGITAL PHONE SERVICE These T
21. n advance for Service s except for usage based fees pay per view movies or events which will be billed after they are provided to you You agree to pay us monthly by the payment due date shown on the bill for such month s Service s and for any administrative fees due to late payments any returned check fees or other charges due us Payments made online may incur addi tional charges If you change the Service s you receive we may charge you an upgrade or downgrade charge We do not extend credit to our customers and the administrative fee is not interest You agree to pay all taxes franchise fees and other charges if any which are now or may in the future be assessed because you receive our Service Equipment If you receive Internet connectiv ity services you may also access certain information products and services of others for which there may be a charge You agree that you are solely respon sible for all fees or charges for these online services products or information If your Service s is disconnected because you do not pay your bill by the due date we may require you to pay all pastdue charges a reconnect fee and a minimum of one month s advance charges before we reconnect your Service You must bring any billing errors or requests for credit to our attention within six months of the time you receive the bill for which you are seeking correction If we are required to use any collection agency or attorney to collect money that
22. nd understand that Northland and or the Service s may not support or be compatible with non recommended configurations including but not limited to MTAs not currently certified by Northland as compatible with the Service s customer equip ment including but not limited to non voice communications equipment alarm and security systems or devices fire or smoke detection systems or devices medical monitoring devices fax machines and dial up modems rotary dial phone handsets pulse dial phone handsets and other voice related communications equipment such as private branch exchange PBX equipment answering machines traditional Caller ID units and point of sale POS equipment and any all other communications or electronic equipment In order to use the Service s you may be required to provide certain equip ment such as a phone handset inside phone wiring and outlets and an elec trical power outlet In order to use online features where Northland makes those features available you may be required to provide certain hardware such as a personal computer software an Internet browser and access to the Internet You hereby waive any claim against Northland and or Northland s third party providers for interference with disruption of or failure of such as power and service outages any such equipment or Service s 26 Local Number Portability In the event you are not utilizing a new phone number for your Northland Phone Serv
23. ontact your local Northland office by phone or in writing We will promptly try to resolve the problem If you are dissatisfied with our resolution of the matter you may notify the responsible official for your community Please refer to your monthly cable bill or statement for your local franchising authority s name and address 32 Force Majeure We will not be liable for any delay or failure to per form our obligations including interruptions in the Service s if such delay or nonperformance arises in connection with any acts of God fires earth quakes floods strikes or other labor disputes acts of any governmental body or any other causes beyond our commercially reasonable control 33 Entire Agreement The Subscriber Agreement these Terms and Con ditions for Digital Phone Service the Terms and Conditions for Video and Internet Service the Supplemental Internet Services Agreement and the Ac ceptable Use Policy constitute our entire agreement concerning your use of the Service s and supersede any other prior or contemporaneous communi cations In the event of a conflict between the above listed agreements and any other writing the terms and conditions of these agreements shall control Sections 1 3 4 5 7 17 29 30 31 and 32 of these Terms and Conditions for Digital Phone Service shall survive termination of the Subscriber Agreement Northland is an equal employment opportunity employer Thank you for being our custome
24. r We appreciate your business Effective Date 12 16 11
25. rtal or request that Northland do so on your behalf 13 EMERGENCY SERVICES 911 CALLS Customer agrees and under stands that Northland does not hold itself out as providing emergency 911 services as a replacement to the traditional local wireline 911 services offered over the public switched telecommunications network and wireless 911 ser vices in your local service area Northland s limited 91 1 type service is avail able only on Northland devices and with Northland Services as described herein You acknowledge and understand that Northland s 91 1 type dialing a requires you to take affirmative steps to activate and properly install the Northland device and to ensure that the information you provide to North land is accurate b is NOT the same as the 911 emergency services you may receive from traditional landline or wireless service providers and c is different in many significant ways some but not necessarily all of which are described herein from traditional 911 service You agree to inform any household residents guests employees and any other persons who may be present at the physical location where you utilize the Phone Service of the non availability of traditional 911 and E911 dialing from your Northland Phone Service and device s You further agree to inform any household residents guests employees and any other persons who may be present at the physical location where you utilize the Phone Service as to the difference
26. s and limita tions of Northland s 91 1 type dialing service as compared with traditional 911 or E911 dialing that are set forth herein and in any user manual 14 Description of Northland s 911 Type Service You acknowledge and understand that neither Northland nor its third party service providers shall have any responsibility to or liability for provision of the Phone Service and where your Northland device is physically located If you move your device to a location other than your primary Physical Address you may not be able to place emergency calls or your calls could be misrouted to the incorrect PSAP or incorrect emergency service personnel 21 Possibility of Network Congestion and or Reduced Speed for Routing or Answering 911 Due to the technical constraints of Northland s 91 1 type dialing service you acknowledge and understand that there is a greater possibility of network congestion and or reduced speed in the routing of a 911 communication made utilizing your Northland device and Equipment as compared to traditional 911 dialing over traditional public telephone networks You acknowledge and understand that 911 dialing from your Northland Equipment will be routed to Northland s third party provider who will route the call to the general PSAP or local emergency service person nel which may not be answered outside business hours assigned to your telephone number and may not be routed to the 911 dispatcher s who are
27. stent with normal residential usage patterns This also means that you are not to resell or transfer the Phone Service or the device to any other person for any purpose or make any charge for the use of the Phone Service without prior express written permission from Northland You agree that your use of the Phone Service and or device or the use of the Phone Service and or device provided to you by any other person for any commercial or governmental purpose will obligate you to pay Northland s higher rates for commercial service for all periods including past periods in which you use or used the Phone Service for commercial or governmental purposes Northland reserves the right to immediately terminate or modify your Phone Service if Northland determines in its sole discretion that the Phone Service is being used for non residential or commercial use 9 Business Use of Phone Service and Device Prohibition on Resale If you have subscribed to Northland s Phone Service for use at your place of business the Phone Service and device are provided to you as a business user This means that you are not fo resell or transfer the Phone Service or device to any other person for any purpose without prior express written permission from Northland You agree that the Northland business service plans do not confer the right to use the Phone Service for auto dialing con tinuous or extensive call forwarding telemarketing including without limita
28. thland s 91 1 type dialing it is not always possible to transmit identification of your Physical Address or the physical location of your North land device if the device is located at a location that is different than your Physical Address IF YOU DIAL 911 USING NORTHLAND S SERVICE YOU MUST IMMEDIATELY TELL THE DISPATCHER YOUR LOCATION OR THE LO CATION OF THE EMERGENCY IF DIFFERENT YOU MUST ALSO NOT DISCONNECT THE LINE AS THE DISPATCHER MAY NOT HAVE A PHONE NUMBER TO USE TO CALL YOU BACK AND YOU MAY BE REQUIRED TO REDIAL THE 911 CALL IF YOU ARE UNABLE TO SPEAK AND DESCRIBE YOUR LOCATION ACCURATELY THE EMERGENCY DISPATCHER MAY NOT BE ABLE TO LOCATE YOU OR DISPATCH EMERGENCY PERSON NEL TO THE CORRECT LOCATION You acknowledge and understand that you or anyone using your Northland Phone Service will need to state the nature of the emergency promptly and clearly including your location You acknowledge and understand that PSAP and emergency personnel may not be able to find your location if the call is unable to be completed is dropped or disconnected if you are unable to speak to tell them your location and or if the Phone Service is not operational for any reason including without limitation those listed herein 91 1 ype access if the device is moved outside of your Physical Address Ad ditionally even if you do not move your device Northland cannot guarantee the reliability of the 9 1 1 type dialing features offered with your P
29. y your bill when it is due or if you fail to comply with any other of these poli cies and practices we may exercise any rights we have to collect amounts due and seek other remedies including a terminating your Service s b recovering the Equipment c charging your credit card or otherwise charg ing you the retail price for a new replacement for each piece of Equipment not returned or returned but not in working order normal wear and tear excepted and or d bringing such other legal action as allowed by law OR INABILITY TO DIAL 911 FROM YOUR LINE OR TO ACCESS EMERGEN CY SERVICE PERSONNEL AS SET FORTH HEREIN YOU AGREE TO DE FEND INDEMNIFY AND HOLD HARMLESS NORTHLAND ITS OFFICERS DIRECTORS AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE PHONE SERVICE FROM ANY AND ALL CLAIMS LOSSES DAMAGES FINES PENALTIES COSTS AND EXPENSES INCLUDING WITHOUT LIMITATION ATTORNEY S FEES BY OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF YOUR NORTHLAND PHONE SERVICE RELATING TO THE ABSENCE FAILURE OR OUTAGE OF THE PHONE SERVICE INCLUDING 911 DIALING AND OR INABILITY OF YOU OR ANY THIRD PERSON OR PARTY OR USER OF YOUR NORTHLAND PHONE SERVICE TO BE ABLE TO DIAL 911 TO ACCESS EMERGENCY SERVICE PERSONNEL TO ACCESS THE CORRECT PSAP ASSOCIATED WITH YOUR TELEPHONE NUMBER OR TO CORRECTLY ROUTE AN EMERGENCY CALL IF YOU MOVE YOUR NORTHLAND DEVICE OUTSIDE OF YOUR PHYSICAL ADDRESS YOU EXPRESSL
30. you owe us or to assert any other right which we may have against you you agree to pay the reasonable costs fees and expenses of collection or other action including but not limited to the costs of a collection agency reasonable attorneys fees and court costs 2 Changes in Service and Charges Subject to any Special Offer pric ing commitments we reserve the right to change our Service s Equipment prices and fees at any time We also may rearrange delete add to or otherwise change the Service s If the change affects you we will provide you notice of the change and its effective date The notice may be provided on your monthly bill as a bill insert or by other reasonable means including cablecasting the information on our local information channel posting on the Internet or by email If you find the change unacceptable you have the right to cancel your Service However if you continue to receive Service s after the effective date of the change we will consider this your acceptance of the change You may obtain information about our current fees and prices for any Service s by calling your local Northland Communications office 3 Termination of Service Subject to any early termination fees for a Special Offer you have the right to cancel your Service for any reason at any time by giving us notice In the event you cancel your Service prior to the expiration of the Initial Term you agree to repay us in addition to any other
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