Termination by Customer
You may terminate a service to which you subscribe on a month-to-month basis at any time by notifying us. You remain liable for payment of all outstanding charges for all services you used and equipment you purchased prior to termination. If you receive special rates in return for subscribing to multiple services and subsequently unbundle, terminate, or disconnect any of these services at any time, then we may adjust the rates for the remaining services. A change in your service address or the location to which any service is provided to you may constitute your termination of that service.
Termination by Frontier
We may interrupt or terminate a service: (1) if you do not honor any provision of these terms and conditions (including payment obligations to Frontier for these or any other services), (2) if you use a service in a manner that adversely affects service to other customers or harasses our customers or employees or (3) if you or others use a service to engage in fraud or unlawful conduct or are suspected of doing so. We may restore such interrupted or terminated service, in our sole discretion, following correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your service.
We will bill you monthly for all charges associated with the services or equipment provided. Payment in full is due no later than the due date indicated on your bill. You are responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in connection with these services. If you have authorized payment for services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason. We may accept late payments, partial payments or any payments marked as being "payment in full" or as being settlement of any dispute without losing any of our rights under this agreement. You agree to pay costs and fees we incur to collect an unpaid balance from you including attorney's fees. A reasonable handling charge, not less than $10.00, will be assessed for all checks returned by the drawee bank for insufficient funds, closed account, apparent tampering, missing signature or endorsement, or any other insufficiency or discrepancy. Interest at the rate of 1.5% per month (unless a lower rate is prescribed by law, in which event at the highest rate allowed by law) may be applied in accordance with Frontier's standard credit policy to any unpaid amount commencing 20 days after the statement date.
Credits and Deposits
You authorize us to ask credit reporting agencies for credit information about you. We may, in our discretion, require you to submit a deposit as security for payment of charges. An additional deposit may be required if either the amount or number of services is increased or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of service. We reserve the right to apply the deposit to any amount due and unpaid. We may require a guarantee of payment by an individual or entity approved by us.
We may assign telephone numbers in connection with the service subscribed to. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you.
Theft and Fraud
If your service or equipment is lost or stolen or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).
If required by law, this agreement will be governed by the laws of your state. Otherwise, this agreement will be governed by the laws of the state of New York, without regard to its choice of law rules.
No Third Party Rights
This agreement shall not provide any third party with a remedy, claim or right of reimbursement.
We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
Acts Beyond Our Control
Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, terrorist acts, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any services used.
If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES, FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEY'S FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
LIMITATION OF LIABILITY
OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY'S FEES.
DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. WE DO NOT MANUFACTURE EQUIPMENT OR SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER).
ABOUT THESE TERMS AND CONDITIONS
BY USING FRONTIER COMMUNICATIONS OF AMERICA SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU ARE A NEW CUSTOMER AND DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT BEGIN USING THE SERVICES OR EQUIPMENT AND NOTIFY US IMMEDIATELY. WITH RESPECT TO CURRENT CUSTOMERS, WE MAY CHANGE PRICES, TERMS AND CONDITIONS AT ANY TIME BY GIVING YOU AT LEAST 25 DAYS NOTICE BY BILL MESSAGE OR OTHER NOTICE UNLESS GUARANTEED BY CONTRACT. YOU ACCEPT THE CHANGES IF YOU USE THE SERVICES OR EQUIPMENT AFTER YOU RECEIVE OUR NOTICE. YOU WILL STILL BE RESPONSIBLE FOR ALL CHARGES FOR SERVICE AND EQUIPMENT MADE BEFORE YOU TERMINATED YOUR AGREEMENT. FRONTIER MAY ALSO WITHDRAW A SERVICE BY GIVING YOU AT LEAST 25 DAYS NOTICE.
These terms and conditions, together with the service order and any applicable tariff, are the entire agreement between you and Frontier, which may only be amended as described above. These terms and conditions supersede any inconsistent or additional promises made to you by any of our employees or agents. Interstate rates and charges for each of our products can be found in our current price list at tariffs.frontiercorp.com. If you do not have internet access, you may call the customer service number on your bill to request this information.