VERIZON CUSTOMER AGREEMENT
Thank you for choosing Verizon. In this Customer
Agreement (“Agreement”), you’ll find
important information and terms and conditions about your Verizon Services. PLEASE
READ THESE AGREEMENT TERMS CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS. IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES AND
CONTACT US IMMEDIATELY AT 1-800-VERIZON TO TERMINATE THEM.
This Agreement establishes the terms and conditions under which you, the Subscriber
(“you,”
“your”
or
“Subscriber”) agree
to
use
Fios Internet
and/or
Fios TV
and/or
Fios Home
Phone
(the
“Services,”
including
Equipment,
Content,
and
Verizon-branded and Third-Party
software
applications) and
under
which the
Verizon Affiliates (“Verizon,”
“us”
or
“we,”)
identified in Exhibit A agree to provide the Services to you.
NOTICE OF ARBITRATION AGREEMENT
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS
ACTION WAIVER. IT REQUIRES THAT DISPUTES BE RESOLVED BY ARBITRATION,
RATHER THAN CLASS ACTION LAWSUITS OR JURY TRIALS (EXCEPT FOR MATTERS
THAT MAY BE TAKEN TO SMALL CLAIMS COURT). PLEASE SEE SECTION 16 FOR
MORE INFORMATION.
1.
ACCEPTANCE OF AGREEMENT.
1.1
The Services terms and conditions are part of this Agreement. By accepting this
Agreement, you or anyone accessing the Services are bound by these terms and
conditions. Your acceptance of this Agreement begins when: (a) you accept this
Agreement, either digitally or verbally, during the submission of your order; or (b) you
commence the use of the Services. This Agreement will end when you or we terminate this
Agreement as permitted in Section 10 below.
1.2
This Agreement includes specific elements of the Services or Term Services Offer
plans, including the pricing, duration, any applicable
Early
Termination Fee
(“ETF”),
and
Equipment pricing, all as described in the information made available to you when placing
and confirming your order or activating your Services. This Agreement also includes Our
Privacy Policy (
https://www.verizon.com/about/privacy/
) applicable to the Services and
other policies and materials specifically referred to in this Agreement, all of which are
incorporated into this Agreement by reference. Please retain a copy of this Agreement for
your records.
2.
DEFINITIONS.
If a term is not defined in this Agreement, you agree that it shall be
construed in accordance with customary usage in the telecommunications industry. The
words “shall”
and
“will”
are
mandatory,
and
the
word
“should”
expresses an expectation,
but
is not
mandatory,
and
the
word
“may”
is permissive.
In addition,
the
following
definitions
shall apply:
2.1
Charges. Charges may include, without limitation, fees for Services, Equipment,
Transactional Charges, taxes and other governmental fees, as well as charges such as
video franchise fees, video franchise related costs, regional sports network fees, broadcast
fees, account activation and installation charges, surcharges, reactivation fees, customized
setup and installation fees, late payment fees on past-due balances, agent assistance fees
for making payment arrangements through a Verizon call center representative, collection
fees, returned payment fees, Early Termination Fees, Unreturned Equipment Charges, and
other nonrecurring charges. Certain Charges such as taxes and other governmental fees,
franchise
fees,
Public,
Educational
and
Government
(“PEG”) channel fees,
video
franchise
related costs, regional sports network fees, and broadcast fees, may change one or more
times during the term of your Services plan. Charges may also include fees, taxes and
related costs for third-party services to which you subscribe and agree to have included on
your Verizon bill.
2.2
Content. Content provided by Verizon, by its third party licensors or suppliers, by
Public Education or Government Access Channel entities, or by Leased Access entities and
accessible through the Services, including without limitation images, photographs,
animations, video, audio, music, and text in any format. This includes over-the-top
(“OTT”)
or streaming video programming, gaming, and other online streaming Services from third-
party providers that may be offered with Fios TV and Fios Internet Services. Content also
includes free, purchased, rented and live-streamed On Demand and Pay-Per-View services
which for which we may charge an additional fee.
2.3
Early
Termination Fee
(“ETF”).
A
fee
Verizon may
charge
if
you
cancel your
Service(s) under a services plans with a minimum term commitment, pursuant to Section 10.
2.4
Equipment. Equipment includes Verizon-provided digital adapters; television set top
boxes, digital video recorders video media servers, IP client boxes; peripheral devices;
routers; extenders; or optical network terminals. Equipment includes a router or extender
you may purchase from Verizon or a third party. Equipment does not include any Other
Devices that you attach to use with the Services, or Retired Equipment. The Equipment
provided by Verizon for use with the Services may be new or refurbished.
2.5
Fios TV Content. Content provided as part of and included with the Services,
including, without limitation, images, photographs, animations, video Content, information
services, audio, music, and text, irrespective of the manner or format in which such content
is delivered. Fios TV Content includes content provided by Verizon or its third-party
licensors or suppliers and delivered over the managed Fios video network.
2.6
Force Majeure. Force majeure
events are
events that
are
beyond
Verizon’s control,
including but not limited to: acts of God, fire, flood, riot, extreme weather events, explosions
or other catastrophes, epidemics or pandemics; any law, order, regulation, direction, action
or request of the United States government or of any other government including state and
local governments having or claiming jurisdiction over Verizon, or of any department,
agency, commission, bureau, corporation or other instrumentality of any one or more of
these federal, state, or local governments or of any military authority; preemption of existing
Services in compliance with national emergencies, acts of terrorism, insurrections, riots,
wars, unavailability of rights-of-way, supply chain and material shortages or unavailability,
strikes, lockouts, or work stoppages. Force Majeure events may be a one-time occurrence
or may be an event occurring for a continued period of duration.
2.7
Home Network. Interconnected electronic equipment or Other Devices, such as
routers, Wi-Fi extenders, set-top
boxes,
Internet
of
Things (“IoT”) devices,
or
streaming
boxes. Interconnected equipment or Other Devices may be connect via Ethernet cable,
coax, or Wi-Fi and are able to connect to the Internet and transmit and/or receive data
between them. Your Home Network can support:
2.7.1
Primary Network. The Primary Network is designed to provide internet connectivity
and a Local Access Network to your devices and shared files with a connection via
Ethernet cable, coax, or Wi-Fi.
2.7.2 Guest Network. The Guest Network is designed to provide internet connectivity to
your guests via 2.4 GHz Wi-Fi but restricts access to your primary network and shared files.
The primary network and the guest network are separated from each other through
firewalls.
2.7.3 IoT Network. The IoT Network is designed to improve the onboarding experience of
Internet of Things devices via the 2.4 GHz Wi-Fi and provide internet connectivity and has
access to other devices on the Primary Network.
2.7.4 Self Organizing Network. Self-Organizing
Networks (“SON”) significantly
improve
Wi-Fi performance by automatically identifying and fixing Wi-Fi problems. Connected
devices can move seamlessly between 2.4 GHz and 5 GHz Wi-Fi signals, and between
access points if a Wi-Fi Extender has been added to your Home Network.
2.8
Fios Internet
Service.
Fios or
High Speed
Internet
(“HSI”)-based Internet Service
(whichever service to which you subscribe).
2.9
Other Devices. Devices you may use with the Services which are not classified as
Equipment. By way of example, this includes but is not limited to monitors, televisions,
gaming consoles, keyboards, laptops, CPUs, IoT devices, remote controls, mobile devices,
equipment
supporting
Over
The
Top
(“OTT”) or
streaming
video
devices (examples like
Apple TV boxes, Roku devices, Verizon Stream TV devices, or Amazon Firestick or
FireCube), virtual assistant devices, power supply and related cords and cables for
connectivity.
2.10
Premises. The physical locations where the Services are installed or delivered, which
may include interior and exterior points of access.
2.11
Retired Equipment. Equipment that may have originally been provided by Verizon,
but may no longer be subject to return to us or to Unreturned Equipment Charges. A list of
Retired devices and additional details can be found at
https://www.verizon.com/support/residential/internet/equipment/routers/other-equipment
.
Verizon may modify this list at any time.
2.12
Services. Fios Internet Services, Fios TV Services, and/or Fios Home Phone
Services, including, without limitation, all Content, Equipment, Verizon-branded and third-
party software applications used in delivery or interaction with the Services, media or
program guides, digital video recording capability and storage, software, technical support,
and other features, products, and Services provided as part of and included with our
television and internet Services, including Video On Demand Services and Pay-Per-View.
The Services do not include regulated or copper-based voice telephony services, do not
include non-Verizon branded streaming video or OTT video services, and do not include
third-party smart device services. If you subscribe to Services, we may make Additional
Services provided by Verizon or by third parties available to you as described in Exhibits C
and E.
2.13
Software or Access Software. Verizon may provide software to run or access the
Services or partner or Verizon apps in connection with the Services, which may be owned
by Verizon or third party licensors, providers and suppliers. There may be an extra charge
for some software supporting certain features.
2.14
Term Services Offer(s).
A
combination or
“bundle”
of
Verizon Fios Services with one
or more eligible video, voice or internet Services which may include a term commitment for
a minimum amount of time. Term Service Offers do not include equipment protection plans
or other add-on services or
subscriptions that
may
be
offered
by
Verizon’s third-party
vendors or partners.
2.15
Third Party Charges. Charges separate and apart from Verizon Services Charges.
These may include charges resulting from accessing internet-based services or purchasing
products, services or subscriptions through interactive options available through the
Services. Third party charges may include subscription fees, one-time fees, recurring
monthly charges, and additional service and internet charges or fees from a wireless or
internet service provider (which may be a third party or a Verizon Affiliate).
2.16
Transactional Charges. Charges incurred for options such as Equipment purchases,
Video On Demand and Pay-Per-View Services.
2.17
Verizon Websites. Websites located at verizon.com and myverizon.com, which are
comprised of various web pages, tools, information, software, content, and features
operated by Verizon. (
https://www.verizon.com/about/terms-conditions/terms-of-use
)
3.
NOTICE OF CHANGES TO THIS AGREEMENT.
3.1
Changes to Agreement. The Current version of the terms of this Agreement shall be
available on
https://www.verizon.com/terms
. From time to time, we will make revisions to
this Agreement and to the policies relating to the Services, including revisions to the
provisions that govern the way that you and Verizon resolve disputes. We may provide
notice of such revisions in a digital or paper format. Revisions to the terms and conditions
shall be effective on the date specified in the notice. You accept the revisions and agree to
abide by them by continuing to use the Services. We will provide you with at least thirty (30)
days’ notice
prior
to
the
effective
date
of
any increases to
the
monthly price
of
the
Services
or Term Services Offer plan (excluding other charges as detailed in Section 11).
3.2
Changes to Fios Internet and Fios Home Phone Services. We will provide notice of
such revisions by posting revisions to the Website Announcements page
[
https://www.verizon.com/support/residential/announcements
] sending an email to the
email address that you provide to receive communications from us (your "Primary Email
Address"), or such other method provided for in Section 14 of this Agreement. You agree to
visit the Announcements page periodically and to check your email box to review any such
revisions.
3.3
Changes to Fios Video Services. Notice will be available through the cable system on
the Message Center located in the interactive media guide, on the Website Announcements
page at
https://www.verizon.com/support/residential/announcements
, or on your bill. You
agree to view the interactive media guide, the Verizon website or your bill periodically to
review any such revisions.
4.
SERVICE CHANGES.
4.1
Modification. Subject to applicable law, we reserve the right to offer, change,
rearrange, add, delete or otherwise modify the Services at any time, with or without prior
notice to you. This includes changing, rearranging or otherwise modifying Term Services
Offer packages, TV packages, the selections available in those packages, the Equipment,
any Other Devices, and any other features, products, software, and services that we offer.
4.2
Restriction and Limitations. Verizon or its suppliers may, without notice or liability,
restrict the use of any Services or limit time of availability of Services. Not all Services may
be available in all areas.
5.
USE OF THE SERVICES AND VERIZON WEBSITES.
5.1
Residential Use. The Services provided under this Agreement are solely for
Subscriber's personal, residential use and Subscriber shall not use Services for any
commercial purpose. Verizon, in its sole discretion, shall have the right to determine what
constitutes residential use and may require you to obtain a commercial account. Your use
of the Service(s) and Equipment may not cause harm to our network, may not be used to
commit fraud or constitute an abuse of the Service(s) or Equipment and must comply with
our Acceptable Use Policy which is set forth in Exhibit B to this Agreement.
5.2
Responsibility for All Use. You are responsible for all use of the Services, whether by
you or someone using the Services with or without your permission. You agree not to use
the Services, directly or indirectly, for any unlawful purpose, including without limitation,
violation of copyright laws.
5.3
Lawful Use. You further agree that your use of the Services is your sole
responsibility, at your own risk, and subject to all applicable local, state, and federal laws
and regulations. We, in our sole discretion, or any vendor or partner, may prosecute you and
other responsible parties under applicable federal, state and local laws in the event that the
Services are used for an unlawful purpose. As described in more detail in Section 13 below,
you agree to indemnify us in the event of any such violation by you or anyone using the
Services at the Premises or at another location.
5.4
Managing Content. You understand and agree that not all Content may be suitable
for all viewers, and users of the Services may have access to Content that may be sexually
explicit, obscene, offensive, or otherwise unsuitable or objectionable, especially for children
under the age of eighteen (18). You further understand and agree it is your responsibility to
impose any restrictions you determine appropriate to limit access to objectionable material,
and you agree to supervise usage of the Services. We strongly recommend the use of
commercially available content filtering software. You agree that we are not responsible to
you or anyone else viewing content or information provided on, or accessed through, the
services for any content that you or others may deem to be objectionable for any reason
and you waive any claims against us for any injury or harm relating to such content or the
viewing of content. You further understand and agree that we are not responsible for the
information or materials accessible via the internet or through use of the services.
5.4.1
Tools and Third-Party content. Verizon may provide tools for you to manage access
to certain Content, however tools may not be available to control all content on unregulated
platforms or in all circumstances. Verizon does not control and is not responsible for third-
party platform content.
5.5
Authorized Devices Registration and Restrictions on Streaming Content.
5.5.1. Restrictions on Users. There are restrictions on the number of registered authorized
devices and on the number of concurrent streams of content being simultaneously
consumed. You will need to download a compatible app to access Content. In order to
register and deregister Authorized Devices, you may need to register an Other Device
through a Verizon-provided application. Verizon may impose restrictions on the number of
times you may de-register and re-register the same Authorized Other Device within a
calendar year.
5.5.2 Limitation on Concurrent Streams. Verizon may limit the number of concurrent
streams (including any streams delivered to the TV via a Fios TV set-top box) that are
available from the same account at any one time. The maximum number of concurrent
streams, the number of additional streams that may be purchased, and the concurrent
availability of the same content may vary. Streaming and downloading are available only in
U.S. and U.S. territories.
5.6
Gaming Services-Ownership, Licenses, and Restrictions. Other Devices, Partner-
provided gaming services and all software incorporated therein are protected by
copyrights, patents, trademarks, trade secrets, and other intellectual property and
proprietary rights. You may be granted a limited personal, noncommercial, nonexclusive,
non-assignable, non-sublicenseable, and revocable license to access and use Other
Devices and partner-provided gaming services for their intended uses during the time that
you are receiving Services. You may not sell, resell, reproduce, distribute, display, perform,
record, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy,
translate, publish, export, create derivative works of, make any commercial use of, reverse
engineer, decompile, attempt to derive the source code of, disassemble any software
therein, attempt to disable or circumvent any digital rights management mechanism or other
content protection measures, or otherwise use and exploit any part of the Other Devices
and partner-provided gaming services. All rights not expressly granted to you herein are
reserved. We may revoke this license at any time without notice.
5.7
Screen Use. Screen capturing and screen recording may not be permitted and may
be unavailable or blocked, depending on authorization by respective owners. Functionality
to share through social media, to text message, or to download Content may be
intentionally blocked or may not be available as a service feature.
5.8
Accessibility.
5.8.1
Alternative Billing Formats. Verizon will provide bills in alternate media formats upon
request at 1-800-974-6006, Monday–Friday, 8:30am–5:00pm. Additional accessibility
information is available at
https://www.verizon.com/about/privacy/accessibility/overview
.
5.8.2 Viewing Content. Some scenes have a flashing effect that may trigger seizures or
other symptoms for photosensitive viewers. Viewer discretion is advised.
6.
SOFTWARE LICENSES AND THIRD-PARTY SERVICES.
6.1
Software Use and Modifications. We reserve the right through remote or other
means to periodically update, monitor, upgrade, change or discontinue the Software used
to support Equipment or Services and to make related changes to the settings and
software on the Equipment, or on Verizon applications running on your associated Other
Devices. You agree to permit such changes and access to the Equipment and your
associated Other Devices. You may use the Software only in connection with the Services
and for no other purpose.
6.2
End User License Agreement. Certain Software may be accompanied by an end-
user
license
agreement
(“EULA”) from
us or
a
third
party.
Your
use
of
the
Software
is
governed by the terms of that EULA and by this Agreement, where applicable. You may not
install or use any Software that is accompanied by or includes a EULA unless you first
agree to the terms of the EULA, including any updates to EULA terms. To the extent any
terms of a given EULA directly conflict with the terms of this Agreement, the terms of the
EULA will apply.
6.3
Software License. For Software provided in relation to the Services but not
accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non
transferable license by us or our third-party licensor(s) to use the Software (and any
corrections, updates and upgrades thereto) for the sole purpose of receiving the Services
from us, and solely for as long as you are receiving Services from us. All Software licensed
to you hereunder is protected by copyrights, patents, trademarks, trade secrets, and other
intellectual property and proprietary rights. You may not sell, resell, reproduce, distribute,
display, perform, record, sublicense, loan, lease, otherwise transfer, alter, modify, merge,
adapt, copy, translate, publish, export, create derivative works of, make any commercial use
of, reverse engineer, decompile, attempt to derive the source code of, disassemble any
software therein, attempt to disable or circumvent any digital rights management
mechanism or other content protection measures, or otherwise use and exploit any part of
the Software. All rights not expressly granted to you herein are reserved. We may revoke
this license at any time without notice. Additionally, you agree that the Software is
confidential information of Verizon or its third-party licensors and that you will not disclose
or use the Software except as expressly permitted herein.
6.4
Software Restrictions. You may not remove or alter any trademark, trade name,
copyright or other proprietary notices, legends, symbols or labels appearing on or in copies
of the Software. You are not granted any title or rights of ownership in the Software. You
acknowledge that this license is not a sale of intellectual property and that we or our third-
party licensors continue to own all right, title and interest, including but not limited to all
copyright, patent, trademark, trade secret and moral rights, to the Software and related
documentation, as well as any corrections, updates and upgrades to it. The Software may
be used in the United States only, and any export of the Software is strictly prohibited.
6.5
License Termination. Your license to use the Software will remain in effect until
terminated by Verizon or its third-party licensors, or until the Services are terminated. If any
portion of the Services and/or Software is accessed after termination, you are bound by
this Agreement and any terms and conditions incorporated by reference as they may be
updated from time to time.
6.6
Third-Party Terms. If you subscribe to or otherwise use any third-party services
offered by Verizon in connection with the Services, your use of such services may be
subject to the separate service, EULA and privacy terms of that third-party provider.
Violation of those terms may result in the termination of your Verizon Services. Such terms
and conditions make Verizon (or all third parties) an intended third party beneficiary of the
terms of service and include provisions in the terms of service stating, among other things
and without limitation, that: (a) Customer is obtaining a license under copyright to the
Services;
and
(b) Customer’s use
of
the
Services must
be
in accordance
with the
Usage
Rules. Guidelines, rules, or licenses from Content providers and third party licensors contain
terms and conditions in addition to those set forth in this Agreement. Any rights granted
under this and any third party term and conditions are non-transferable and shall terminate
upon breach by you. Upon termination all included Content and Services will be inaccessible
to you. Verizon and any third parties shall exercise reasonable efforts to administer and
enforce the terms and conditions referenced herein.
6.7
Patents. Certain software or technical information is licensed from third parties and
may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending
counterpart European and international patents. All intellectual property rights not
expressly granted in this Agreement are reserved by Verizon.
7.
AUTHORIZED USER; PREMISES.
7.1
Legal Authority. You acknowledge that you are eighteen (18) years of age or older,
and that you have the legal authority to enter into this Agreement.
7.2
Premises Access. You agree to allow us and our representatives the right, at
reasonable times, to enter the Premises for the purpose of installing, maintaining, servicing,
inspecting, upgrading and/or removing the Services and any Equipment. Entry is subject to
applicable law. We will make reasonable efforts to accommodate building access and
homeowner or condominium association policies, but you agree to be responsible for
violations of these policies related to access to the Premises.
7.3
Right to Access. You acknowledge and agree that you are either an owner of, or
legal tenant in, your Premises, and as such have the right to allow us and our
representatives to enter and make modifications to the Premises in connection with the
delivery of the Services.
8.
PERSONAL DATA AND PRIVACY POLICY.
8.1
Accepting this Agreement means that you also agree to our Privacy Policy, available
at
https://www.verizon.com/about/privacy/
, which may be updated from time to time and
describes the information we collect, how that information may be used and shared, and the
choices you have about certain uses of information.
8.2
When you access and use third party services, including third party services which
Verizon may make available as part of or in connection with your Services, you are subject
to the terms of service and privacy policy issued by those third party providers when using
their services. Verizon Terms of Service and Privacy Policies apply when you are using our
Services and Equipment.
9.
EQUIPMENT; MAINTENANCE AND OWNERSHIP AND RETURN OF EQUIPMENT.
9.1
Use of Other Equipment and Devices. We do not represent that the Services will
work correctly, or that all features will be available, if you access the Services using your
own equipment, Retired Equipment, or Other Devices. We have no responsibility for the
installation, operation, support, maintenance, or repair of any Other Devices, Retired
Equipment, software, or Services that you choose to use in connection with the Services.
9.2
Verizon Ownership. Unless you have purchased your Equipment or we have
designated the Equipment as Retired, you acknowledge and agree that at all times
ownership of Equipment shall remain with us and that this Agreement allows you to use
Equipment only in connection with your lawful receipt and use of the Services. You are
responsible for Equipment which is lost, damaged by fire, water, theft or events of Force
Majeure.
9.3
Reconditioned Equipment. We may, at our option, supply new or reconditioned
Equipment. We will repair and maintain Equipment owned by us at our expense, unless such
repair or maintenance is made necessary due to misuse, abuse or intentional damage to the
Equipment, in which case you will be financially responsible for the repair or replacement of
the damaged Equipment. You also agree that Equipment will not be serviced by anyone
other than our employees or our designated agents or representatives. You further agree
not to tamper with or otherwise harm Equipment, and that you will not copy, modify, reverse
compile or reverse engineer any Equipment or Other Devices, or software or firmware
provided by Verizon in connection with the Services.
9.4
Equipment Pricing. Equipment may be priced separately from the price of the
Services or Term Services Offer plan, and may not be subject to price protection applicable
to the Services or Term Services Offer plan in a term agreement or promotional offer.
9.5
Software Updates. Verizon will from time to time push Software updates to
Equipment, for example set top boxes and routers.
9.6
Equipment Return Policy. Equipment may be returned to Verizon as set forth below.
These policies do not limit or supersede existing
manufacturers’ warranties.
9.6.1
Our Return Commitment. You may return any Equipment or Other Devices you
purchased from us for any reason within thirty (30) days of purchase.
9.6.2 Return after termination of services. Except as set forth below, upon termination of
Services, or if the occupancy or ownership of your Premises changes, you are responsible
for returning the Equipment to us in an undamaged condition, subject only to reasonable
wear and tear. If Equipment is affixed with a label which includes the following (or similar)
message,
“PROPERTY
OF
VERIZON.
DO
NOT
REMOVE
FROM
PREMISES,”
then you
must
not remove the Equipment and you will not be assessed an Unreturned Equipment Charge
as long as the Equipment is left in place in reasonable condition.
9.6.3 Return of Defective Equipment. Within one year of Equipment purchase or
activation, whichever is earlier, you must contact us to return any defective equipment. If
you return Equipment, we may replace it with a new or refurbished item, or we may refund
payment for purchased Equipment.
9.6.3.1 Verizon’s sole
obligation to
you
under
its Return Policy
https://www.verizon.com/return-policy.pdf
shall be to replace or repair any qualifying
Equipment, subject to the limitations set forth in this section and otherwise set forth below,
the returning of defective equipment or requests for repair or replacement Equipment will
not apply in the following circumstances:
9.6.3.1.1
The Equipment is sent, or otherwise taken, outside of the United States.
9.6.3.1.2
Equipment that is not connected to the Fios network, as applicable, so that
remote diagnostics can be attempted.
9.6.3.1.3
With the exception of Reconditioned Equipment provided directly from
Verizon, if you are not the original owner of the Equipment and the Equipment has either
not yet been paid for in full or has been reported as stolen to Verizon by the original owner
or a subsequent owner.
9.6.3.1.4
You are more than sixty (60) days past due on any of your payment
obligations in connection with any Verizon service.
9.6.3.1.5
Where you alter, repair, or improperly handle the Equipment.
9.6.3.1.6
There is damage or other equipment failure where you do not maintain the
Equipment according to the owner's manual; or you improperly store, ventilate, connect, or
reconfigure, or place the Equipment. (Equipment must be placed in an area that complies
with the manufacturers published space, electrical grounding, or environmental
requirements).
9.6.3.1.7
Equipment is abused, vandalized, stolen, damaged by fire, water, wind,
freezing, power failure, inadequate power supply, unusual atmospheric conditions, acts of
war, acts of God or other Force Majeure events.
9.6.3.1.8
You
use
the
Equipment
in a
manner
inconsistent
with its design,
the
owner’s
manual, if any, or the way the manufacturer intended the equipment to be used.
9.6.3.1.9
You use the Equipment for any purpose other than your private non
commercial use.
9.6.3.1.10
The Equipment has cosmetic damage such as, but not limited to, scratches,
dents, rust, or stains.
9.6.3.1.11
The Equipment is Retired subject to Section 9.6.5.
9.6.3.1.12
The Equipment runs any software not provided by Verizon or its immediate
partners, including but not limited to, application programs, network programs, upgrades,
formatting of any kind, databases, files, drivers, source code, object code or proprietary
data, or any support, configuration, installation or reinstallation of any software or data.
9.6.4 Failure to Follow Return Policy. Failing to return Equipment owned by us within thirty
(30) days as instructed by Verizon, or returning Equipment in a damaged condition (subject
only to reasonable wear and tear), will result in the imposition of Unreturned Equipment
Charge(s) for each piece of unreturned equipment. Unreturned Equipment Charges may be
substantial. The list of Unreturned Equipment Charges is at
https://www.verizon.com/support/residential/equipment-return
which is updated from time
to time. You are responsible for reviewing updates to the page. You also may be required to
pay certain Equipment-related fees, such as restocking and/or exchange fees, upgrade
fees, surcharges, and taxes.
9.6.5 Retired Equipment. With the exception of set top boxes and Optical Network
Terminals (“ONTs”),
ownership
of
Retired
Equipment
reverts to
you
when Verizon
designates Equipment as Retired Equipment. Verizon may provide limited or no support for
Retired Equipment. If you continue to use Equipment after Verizon designates it as Retired,
you may not receive software-based equipment feature and security updates, which may
impair the delivery of services.
10.
TERMINATION OF SERVICE; TERMINATION FEES.
10.1
Termination with Notice. You or Verizon may terminate the Services at any time and
for any reason by giving notice in accordance with the notice provisions set forth in this
Agreement. Unless otherwise required by applicable law, termination will be effective on the
last
day
of
that
month’s billing
cycle,
and
you
are
responsible
for
all charges incurred
through the date of termination. Installation or setup fees paid at the initiation of the
Services, if any, are not refundable. In the event Verizon determines fraud, abuse or other
violations of law or this Agreement, we may terminate your Service(s) immediately with no
Notice.
10.2
Termination by Violation. If a termination is a result of violation by you of the terms of
this Agreement, you may also be liable to pay an Early Termination Fee. We may, at our sole
discretion, refuse to accept your subsequent request for Services following a termination or
suspension of your use of the Services. If the Services are terminated for any reason, you
may be required to pay a reconnection fee or additional deposit before the Services are
reactivated.
10.3
Early Termination Fee. EXCEPT AS OTHERWISE SET FORTH IN THIS
AGREEMENT, IF YOU HAVE CHOSEN TO SUBSCRIBE TO A TERM SERVICES OFFER
PLAN WITH A MINIMUM TERM COMMITMENT, VERIZON MAY ASSESS AN EARLY
TERMINATION FEE IN THE EVENT YOU CANCEL ALL OR ANY COMPONENT OF THE
TERM SERVICES OFFER OR IF VERIZON TERMINATES THE SERVICES UNDER
SECTION 10.2. YOU AGREE TO PAY VERIZON THE EARLY TERMINATION FEE SET
FORTH IN THE TERM SERVICES OFFER PLAN YOU HAVE CHOSEN.
11.
PRICING AND PAYMENT.
You agree to pay us in consideration for your receipt or use of the Services, including any
Third Party services which may be included as part of a Term Services Offer package or
charges for Third Party services integrated into your Verizon bill, and any Equipment or
Software.
11.1
Service Fees. Billing for Services will begin automatically:
11.1.1
Upon installation or activation of Services (i) if the Services are installed by Verizon
or (ii) on the Due Date established by Verizon (after Equipment has been delivered) if the
Services are self-installed by you. Billing will continue until the Services are terminated in
accordance with Section 10 of this Agreement.
11.1.2 Certain products and Services or discounts on products and Services, including but
not limited to Bundled products and Services, may require you to elect a paperless billing
option and/or payment by a specific credit card or other payment option or may require you
to link your Services with other Verizon-provided services. You will begin receiving any
discount associated with a Term Services Offer plan once all the Term Services Offer have
been installed.
11.1.3 Regular Services and Equipment charges are billed each month in advance. You
agree to pay us in advance, at our rates in effect at the time, through all periods until the
Services are terminated.
11.1.4 Transactional Charges are billed after the applicable Service or feature has been
ordered or provided to you. You may also be required, based on your ordering and payment
history, to provide pre-billing statement payment by credit card or such other payment
method as we may designate for Transactional Services. If you want to use a credit card to
purchase or rent On Demand titles or events, you are required to have a current and active
credit card on file, and to have created an Account through
https://www.verizon.com/home/myverizon/
.
11.1.5 You agree to pay all applicable Charges for Services and Equipment by the due date
set forth in your monthly invoice. Charges may be changed at any time. Changes to
Charges for Verizon Services are subject to the provision of prior notice to you as required
by law. The substantive laws of Pennsylvania shall be applied to disputes related to checks
tendered as payment in full for less than the full balance due, consistent with Section 17.3
of this Agreement.
11.1.6 You agree that you are solely responsible for any purchases or other transactions
made through, using, or in connection with the Services, including any on demand or pay
per-view purchases.
11.1.7 Your billing statement may also contain other Verizon Charges, taxes and fees as
well as third-party Charges, and any applicable Termination Fees required in accordance
with Section 10 of this Agreement and the specific terms of your service package. You
agree to pay all Charges, taxes and fees by the due date set forth in your billing statement.
The waiver of any fees or charges is at our discretion.
11.1.8 If you cancel any component of a Term Services Offer plan, the monthly charges for
the remaining Services on your account may automatically convert to the applicable
existing non-discounted monthly Services rate.
11.1.9 Plans with Minimum Terms. If you subscribe to a Term Services Offer plan with a
term commitment, you agree to maintain such Services for the minimum term of that plan.
At the end of your term, you may be given the option to select a new Term Services Offer
plan. If you do not select a new Term Services Offer plan, your account will automatically
convert to a month-to-month plan at a monthly fee that may be higher than your current
rate. If you subscribe to a new Term Services Offer plan, the terms of that plan will apply.
11.1.10 Third-Party Charges. You acknowledge and agree that you may incur and are solely
responsible for any Third-Party Charges, including all applicable taxes, regardless of
whether such charges appear on your Verizon bill or a Third-Party bill. In addition, you are
solely responsible for protecting the security of credit cards and other personal information
provided to others in connection with such transactions.
11.1.11 Automatic Renewal of Services. Term Services Offer(s) and Third-Party Services
may automatically renew at the end of the initial Term. Subject to applicable law, each Term
shall automatically renew for subsequent periods of the same length as the initial term
unless either you or Verizon gives the other written or electronic notice of termination at
least thirty (30) days, but no more than sixty (60) days, prior to the expiration of the then
current term. To cancel any Services or Term Service Offers, you may contact us by phone
or mail as detailed at
https://www.verizon.com/support/contact-us/
. Certain Term Services
Offers or Third-Party Services may include a trial period commencing at the beginning of
the agreed upon Term. If you decide during the trial period that the Term Services or Third-
Party Services are no longer needed or wanted, you must contact us and the provider of
the Third-Party Services to cancel the Services at least twenty (24) hours before the free
trial ends.
11.1.12 Late Fees. If Verizon does not receive your payment on time, we may charge you a
late fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance, or a flat
$9 per month, whichever is greater, if allowed by law in the state of your billing address.
Late fees for Third-Party Services are or may be subject to Third-Party Service(s) terms
and conditions.
11.1.13 Nonpayment. You will be billed monthly for your Verizon Services. If any portion of
your bill is not paid by the due date, Verizon may terminate or suspend the Services without
notice. If Verizon uses a collection agency or commences legal action to recover monies
due, you agree to reimburse us for all expenses we incur to recover such monies, including
attorneys' fees. If you fail to pay on time and Verizon refers your account(s) to a third party
for collection, a collection fee will be assessed and will be due at the time of the referral to
the third party. There will be calculated at the maximum percentage permitted by applicable
law, not to exceed eighteen (18) percent.
11.1.14 If Verizon suspends your account for non-payment, we may also suspend your
access to subscribed Value-Added Services and third-party Content, apps, and services.
11.2
Customer Deposits. We may require that you provide us with a refundable deposit
(“Customer
Deposit”) prior
to
or
upon the
activation or
reactivation of
the
Services.
We
may
also require an additional Customer Deposit after activation of the Services if you fail to pay
any amounts when due hereunder or seek to upgrade the Services. We may apply
Customer Deposits against any unpaid amounts at any time. Within ninety (90) days of
termination of Services, we shall return a sum equal to the Customer Deposit, without
interest unless otherwise required by law, minus any amounts due on your account
including, without limitation, any amounts owed to us for unreturned or damaged
Equipment.
11.3
Questions about Your Billing Statement. You will automatically receive an online bill,
which you should access through your My Fios account. You may request a paper version
(non-digital) of your bill. Verizon may charge a fee for paper bills as may be permitted by
applicable laws. It is important to review your bill carefully each month, as it may contain
important messages regarding your Services, as well as your current charges and any past-
due amounts. Subject to applicable law, if you intend to dispute a charge on your billing
statement, you must contact us within sixty (60) days of your billing date if you receive the
bill in question. The undisputed portion of your billing statement must be paid by the due
date to avoid a late fee and possible suspension or termination of the Services.
11.4
Payments. Except as otherwise permitted under applicable law, you agree that you
will pay your bill by check, credit or debit card, electronic funds transfer payments, or other
recognized form of payment method we may designate. The outstanding balance is due in
full each month. If any bank or other financial institution refuses to honor any payment, draft
or instrument submitted for payment to your account, we may charge you a fee in
accordance with applicable law. Based on your election and subject to our approval,
Verizon or its agent will bill you directly, or charge your credit card or Verizon Services bill
(where available). If you elect to be billed on your Verizon bill, by using the Services, you
agree to have all Services charges included on your bill. If you subscribe to a Term Services
Offer plan, then all of the Term Services Offer must be billed on your Verizon Services bill.
11.5
Consents Regarding Credit. We may evaluate your credit history before modifying or
providing you Services, or to review your account to ensure you continue to meet the terms
of the account. In order to establish and maintain an account with us and/or obtain or
modify the Services, you hereby authorize us to obtain a report from a consumer credit
agency and to exchange information with others in connection with determining your
creditworthiness.
We may report information about your account to credit bureaus. Your
payment history –
such as late payments, missed payments, or other defaults on your
account -- may be reflected in your credit report.
11.6
Complaint Procedures. If you have any concerns regarding customer service, billing,
or service quality, please contact us via the methods set forth in your monthly invoice or in
the
“Contact
Us”
section of
verizon.com.
When you
contact
us,
please explain the nature
and history of the problem. We will try to promptly resolve your concern. If we are unable to
resolve your concern, we will notify you that we are unable to do so and explain the reason
why.
12.
WARRANTIES AND LIMITATION OF LIABILITY.
12.1
Disclaimer of Warranties. We make no representations or warranties, express or
implied, including, to the extent permitted by applicable law, any implied warranty of
merchantability or fitness for a particular purpose, about your Service(s). We do not warrant
that your Equipment will work perfectly, will not need occasional upgrades or modifications,
or that it will not be negatively affected by network–related modifications, upgrades or
similar activity.
12.2
Waivers and Limitations of Liability. You and Verizon both agree to limit claims
against each other solely to direct damages. That means neither of us will claim any
damages that are indirect, special, consequential, incidental, treble, or punitive. For
example, disallowed damages include those arising out of a Service or Equipment failure,
unauthorized access or changes to your account or Services or Equipment, or the use of
your account or Equipment by others to authenticate, access or make changes to a third-
party account, such as a financial account or Third-Party Service account, including
changing passwords. This limitation and waiver will apply regardless of the theory of liability.
It also applies if you bring a claim against one of our vendor partners, content partners, or
Third-Party Services partners, to the extent we would be required to indemnify the supplier
for the claim. You agree we are not responsible for problems caused by you or others, or by
any act of God. You also agree we are not liable for missed or deleted voice mails or other
messages, or for any information (like pictures) lost or deleted.
13.
INDEMNIFICATION.
13.1
You agree to defend, indemnify and hold harmless all Verizon Parties from and
against all liabilities, costs and expenses, including reasonable attorneys’ and
experts’ fees,
related to or arising from your use of the Services, the Equipment, and any Other Devices
used in connection with the Services (or the use of the Services or any such Equipment or
Other Devices by anyone else), (i) in violation of applicable laws, regulations or this
Agreement including, without limitation, infringement of copyrights or other proprietary
rights; or (ii) in any manner that harms any person or results in the personal injury or death
of any person or in damage to or loss of any tangible or intangible (including data) property.
14.
NOTICES AND CONTACT.
14.1
Notice of Arbitration Claim. If either your or Verizon intends to seek arbitration under
this Agreement, the party seeking arbitration must first notify the other party of the dispute
in writing at least 60 days in advance of initiating the arbitration. Notice to Verizon of either
arbitration or mediation should be sent to the Verizon Dispute Resolution Manager using
the form available here:
https://www.verizon.com/about/nod/notice-of-dispute-wireline
form
.
Other notices required under this Agreement shall be provided by you by contacting
us via the methods set forth in your monthly invoice or in the Contact Us section of
verizon.com.
14.2
Notice of a Billing Dispute. You must notify us within thirty (30) days of receipt of
your bill if you disagree with any Charges on your Verizon bill. Please call 1 800 VERIZON.
14.3
Other Notices. Our notices to you shall be deemed given: (i) when sent by email to
your Primary Email Address pursuant to Section 3; (ii) when delivered over the cable
system; (iii) when deposited in the United States mail addressed to you at your last
provided mailing address; (iv) when hand-delivered to your Premises, as applicable or (v)
when included in or with your billing statements to you, regardless of whether billing
statements are mailed to you or you have elected a paperless billing option. We will provide
thirty (30) calendar days advance notice of changes to your Service(s).
14.4
Additional Contact. Verizon, its affiliates, agents and service providers may at times
contact you (i) by email including emails sent to your Primary Email Address, (ii) by
telephone call, made to a number you provide to us or to a number we provide to you for
service
(collectively,
“Contact
Number”),
using
automatic telephone dialing systems or other
dialing
systems (collectively,
“dialers”), (iii) by prerecorded or artificial voice message calls
using dialers to Contact Numbers, and/or (iv) by text messages sent to Contact Numbers,
including a number for a cellular phone or other wireless device. You agree to notify us
immediately whenever your personal or billing information changes (including, for example,
your name, home address, email address, debit/credit card, other banking information, or
Contact Number(s)) at
https://www.verizon.com/home/myverizon/
. We may place such
calls or texts to Contact Numbers using dialers on matters related to the service we provide
to you, including to (i) provide notices regarding your Account or Account activity, (ii)
investigate or prevent fraud, (iii) provide you with technical assistance relating to products
you have ordered or plan to order; (iv) determine your satisfaction with our products and
services; or (v) collect a debt owed to us. You agree to be contacted using dialers, or
artificial/prerecorded message calls, emails and text messages to carry out the purposes
identified above, regardless of whether you incur charges as a result. You further agree that
we may share your Primary Email Address and Contact Number(s) with service providers
with whom we contract to assist us in pursuing these interests. We and our service
providers will not use autodialed or artificial/prerecorded message calls or texts to contact
you for marketing purposes at the Contact Number(s) unless we receive your prior express
written consent to do so. You agree that we may send you emails for marketing purposes,
unless you inform us that you do not want to receive those types of emails. You may
change the method by which you receive service communications, and fully or partially opt-
out of marketing communications by accessing your online account preferences at
https://www.verizon.com/home/myverizon/
.
14.4.1 Communicating with You. By providing your email and/or telephone number(s) to us
as a means of contacting you, you consent to receive emails or calls from us or our
representatives to those landline and cellular telephone numbers or to the email address
provided. You also consent to receive calls, using dialers and/or prerecorded or artificial
voice messages, at the number we provide to you for your service. We reserve the right to
contact you at any of your Contact Numbers or email address(s), in compliance with
applicable federal and state laws. If you do not want to be contacted at a telephone number
that you have provided, you agree to notify us.
15.
VOLUNTARY MEDIATION.
15.1
Verizon offers customers the option of participating in a free internal mediation
program. This program is entirely voluntary and does not affect either party's rights in any
other aspect of the dispute resolution procedures outlined above. In our voluntary
mediation program, we will assign an employee who is not directly involved in the dispute to
help both sides reach an agreement. That person has all the rights and protections of a
mediator and the process has all of the protections associated with meditation. For
example, nothing said in the mediation can be used later in an arbitration or lawsuit. If you
would like to know more, or you would like to start the mediation process, please contact us
at NoticeOfDispute@verizon.com or through Verizon Dispute Resolution Manager, One
Verizon Way, VC54N090, Basking Ridge, NJ 07920, for a Notice of Customer Dispute
Form. A copy of the Notice of Dispute form can also be found at
www.verizon.com/terms/disputes. Fill out and send the Notice of Dispute Form to us
according to the directions on the form.
16.
ARBITRATION OR SMALL CLAIMS ACTIONS.
Our goal is customer satisfaction, but if there's an issue that needs to be resolved, this
Section outlines what's expected of both of us. YOU AND VERIZON BOTH AGREE TO
RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT AS
DISCUSSED BELOW. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING
UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF JURY. WHILE THE
PROCEDURES IN ARBITRATION MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD
YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS
AGREEMENT, AS A COURT WOULD, SUBJECT TO THE LIMITATIONS ON ARBITRATOR
AUTHORITY SET FORTH BELOW. IF THE LAW ALLOWS FOR AN AWARD OF
ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. THE SAME DEFENSES
ARE ALSO AVAILABLE TO BOTH PARTIES AS WOULD BE AVAILABLE IN COURT
INCLUDING ANY APPLICABLE STATUTE OF LIMITATIONS. WE ALSO BOTH AGREE
THAT:
16.1
THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR
SMALL CLAIMS COURT CASES OR AS SPECIFICALLY NOTED BELOW, ANY DISPUTE
THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT, WILL BE
RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") AS EXPLAINED BELOW IN PARAGRAPH 16.2.
THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DISPUTE REGARDING THE VALIDITY,
ENFORCEABILITY, OR SCOPE OF ANY PORTION OF THIS AGREEMENT (INCLUDING
THE AGREEMENT TO ARBITRATE), ANY EQUIPMENT, PRODUCTS AND SERVICES YOU
RECEIVE FROM US, ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES,
OUR EFFORTS TO COLLECT AMOUNTS YOU MAY OWE US FOR SUCH PRODUCTS OR
SERVICES, OR ALLEGED PERSONAL INJURY OR INVATIONS OF PRIVACY RELATING
TO SUCH PRODUCTS OR SERVICES AND INCLUDES ANY DISPUTES YOU HAVE WITH
OUR EMPLOYEES OR AGENTS. YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE
TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND
IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS
AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE
STOPPED RECEIVING SERVICES FROM US.
16.2
UNLESS YOU AND VERIZON AGREE OTHERWISE, THE ARBITRATION WILL
TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. THE AAA'S CONSUMER
ARBITRATION RULES WILL APPLY. IF THE AAA REFUSES TO ENFORCE ANY PART OF
THE ARBITRATION PROVISION, YOU AND VERIZON WILL SELECT ANOTHER
ARBITRATOR. IF THERE IS NO AGREEMENT, A COURT IN THE COUNTY OF YOUR
BILLING ADDRESS WILL SELECT AN ARBITRATOR TO DECIDE THE DISPUTE. UNLESS
OTHERWISE PROVIDED IN THIS AGREEMENT, AN INDIVIDUAL ARBITRATOR(S)
APPOINTED TO DETERMINE THE MERITS OF THE DISPUTE SHALL HAVE EXCLUSIVE
AUTHORITY TO ARBITRATE, INCLUDING BUT NOT LIMITED TO ANY DISPUTE
REGARDING THE VALIDITY, ENFORCEABILITY OR SCOPE OF ANY PORTION OF THIS
AGREEMENT (INCLUDING THE AGREEMENT TO ARBITRATE). YOU CAN GET
PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (
WWW.ADR.ORG)
OR
FROM US. FOR CLAIMS OF $25,000 OR LESS, YOU CAN CHOOSE WHETHER YOU
WOULD LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS
SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
ALTERNATIVELY, FOR CLAIMS WITHIN THE JURISDICTIONAL LIMIT OF THE SMALL
CLAIMS COURT IN THE STATE ENCOMPASSING YOUR BILLING ADDRESS, EITHER
YOU OR VERIZON CAN CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS
COURT INSTEAD OF PROCEEDING IN ARBITRATION; FURTHERMORE, IF THE CLAIMS
IN ANY REQUEST OR DEMAND FOR ARBITRATION COULD HAVE BEEN BROUGHT IN
SMALL CLAIMS COURT, THEN EITHER YOU OR VERIZON MAY CHOOSE TO HAVE THE
CLAIMS HEARD IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, AT ANY
TIME BEFORE THE ARBITRATOR IS APPOINTED, BY NOTIFYING THE OTHER PARTY
OF THAT CHOICE IN WRITING. IF THIS PROVISION OR THE LIMITATION ON BRINGING
ACTIONS TO SMALL CLAIMS COURT IS FOUND TO BE INVALID, THEN THIS PROVISION
SHALL BE SEVERABLE AND THE MATTER WILL PROCEED IN ARBITRATION; IN NO
WAY WILL THIS PROVISION ALLOW FOR AN ACTION TO BE BROUGHT ON A CLASS
OR COLLECTIVE BASIS.
16.3
THIS
AGREEMENT
DOESN’T
ALLOW
CLASS
OR
COLLECTIVE
ARBITRATIONS
EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY
OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY
OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED
BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE
ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR
PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER
THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY UNDER
APPLICABLE LAW OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED
BY A COURT AND NOT THE ARBITRATOR.
16.4
IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT,
THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE
DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING THE
ARBITRATION. NOTICE TO VERIZON SHOULD BE SENT TO THE VERIZON DISPUTE
RESOLUTION MANAGER, USING THE FORM AVAILABLE HERE:
https://www.verizon.com/about/nod/notice-of-dispute-wireline-form
. THE NOTICE MUST
INCLUDE ENOUGH INFORMATION TO ALLOW US TO IDENTIFY YOUR ACCOUNT AS
WELL AS TO ASSESS AND ATTEMPT TO RESOLVE YOUR CLAIM, INCLUDING THE
NAME OF THE VERIZON ACCOUNT HOLDER, THE ACCOUNT NUMBER AT ISSUE, A
DESCRIPTION OF THE CLAIM, THE SPECIFIC FACTS SUPPORTING THE CLAIM, THE
DAMAGES YOU CLAIM TO HAVE SUFFERED AND THE RELIEF YOU ARE SEEKING. THE
NOTICE REQUIREMENT IS DESIGNED TO ALLOW VERIZON TO MAKE A FAIR, FACT
BASED OFFER OF SETTLEMENT IF IT CHOOSES TO DO SO. YOU CANNOT PROCEED
TO ARBITRATION UNLESS YOU PROVIDE THIS INFORMATION. YOU MAY CHOOSE TO
BE REPRESENTED BY AN ATTORNEY OR OTHER PERSON AS PART OF THIS
PROCESS, BUT IF YOU DO YOU MUST INDICATE THAT YOU ARE REPRESENTED BY AN
ATTORNEY ON THE FORM AVAILABLE AT
https://www.verizon.com/about/nod/notice
of-dispute-wireline-form
AND CONFIRM THAT YOU AUTHORIZE US TO DISCUSS YOUR
ACCOUNT INFORMATION WITH THIS ATTORNEY OR OTHER PERSON. THE
SUFFICIENCY OF THIS NOTICE OF DISPUTE IS AN ISSUE TO BE DECIDED BY A COURT
PRIOR TO THE FILING OF ANY DEMAND FOR ARBITRATION AND THE AAA MUST NOT
ACCEPT, ADMINISTER, ASSESS OR DEMAND FEES IN CONNECTION WITH ANY
DEMAND THAT HAS NOT SATISFIED THIS NOTICE OF DISPUTE REQUIREMENT. IF YOU
HAVE PROVIDED THIS INFORMATION AND WE ARE UNABLE TO RESOLVE OUR
DISPUTE WITHIN 60 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR
ARBITRATION.
WE’LL
REIMBURSE
ANY
FILING
FEE
THAT
THE
AAA
CHARGES
YOU
FOR ARBITRATION OF THE DISPUTE AT THE CONCLUSION OF THE ARBITRATION IF
YOU FULLY PARTICIPATE IN THE PROCEEDING. WE'LL ALSO PAY ANY
ADMINISTRATIVE AND ARBITRATOR FEES CHARGED BY THE ARBITRATION
TRIBUNAL. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FILED FOR
PURPOSES OF HARASSMENT OR IS PATENTLY FRIVOLOUS, THE ARBITRATOR WILL
REQUIRE YOU TO REIMBURSE VERIZON FOR ANY FILING, ADMINISTRATIVE OR
ARBITRATOR FEES ASSOCIATED WITH THE ARBITRATION. THE ARBITRATOR
ASSIGNED TO ANY ARBITRATION BETWEEN VERIZON AND A CUSTOMER SHALL
RESOLVE THE CLAIMS WITHIN 120 DAYS OF APPOINTMENT OR AS SWIFTLY AS
POSSIBLE THERAFTER, CONSISTENT WITH FAIRNESS TO THE PARTIES.
16.5
WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT
OFFER ANY TIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF
ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL
AFTER
THE
ARBITRATOR
ISSUE
AN
AWARD
ON
THE
CLAIM.
IF
YOU DON’T
ACCEPT
THE
OFFER
AND
THE
ARBITRATOR
AWARDS
YOU AN
AMOUNT
OF
MONEY
THAT’S
MORE
THAN
OUR
OFFER
BUT
LESS
THAN
$5000,
OR
IF
WE
DON’T
MAKE
YOU AN
OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS
THAN $5000, THEN WE AGREE TO PAY YOU $5000 INSTEAD OF THE AMOUNT
AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS'
FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR
CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5000, THEN WE WILL PAY
YOU ONLY THAT AMOUNT.
16.6
IF 50 OR MORE CUSTOMERS INITIATE NOTICES OF DISPUTE PURSUANT TO
PARAGRAPH 16.4 ABOVE, OTHERWISE ATTEMPT TO COMMENCE AN
ARBITRATION,OR FILE A COMPLAINT IN COURT, WHICH RAISE SIMILAR CLAIMS, AND
COUNSEL FOR THE VERIZON CUSTOMERS BRINGING THE CLAIMS ARE THE SAME
OR COORDINATED FOR THESE CUSTOMERS, THE CLAIMS SHALL PROCEED IN
ARBITRATION IN A COORDINATED PROCEEDING. IN THE FIRST STAGE, 50
ARBITRATIONS WILL PROCEED AND COUNSEL FOR THE VERIZON CUSTOMERS AND
COUNSEL FOR VERIZON SHALL EACH SELECT 25 CASES TO PROCEED FIRST IN
ARBITRATION IN INDIVIDUAL BELLWETHER PROCEEDINGS BEFORE SEPARATE
ARBITRATORS. AFTER THE FIRST STAGE IS COMPLETED, THE PARTIES MUST
ENGAGE IN A MEDIATION OF ALL REMAINING CASES, AND VERIZON WILL PAY THE
MEDIATION FEE. IF THE PARTIES CANNOT AGREE HOW TO RESOLVE THE
REMAINING CASES AFTER MEDIATION, THEY WILL REPEAT THE PROCESS OF
SELECTING AND FILING CASES TO BE RESOLVED IN INDIVIDUAL BELLWETHER
PROCEEDINGS BEFORE SEPARATE ARBITRATORS, FOLLOWED BY MEDIATION. IN
THE SECOND STAGE, 80 ARBITRATIONS WILL PROCESS AND COUNSEL FOR THE
VERIZON CUSTOMERS AND COUNSEL FOR VERIZON SHALL EACH SELECT 40 CASES
TO PROCEED IN ARBITRATION IN INDIVIDUAL BELLWETHER PROCEEDINGS BEFORE
SEPARATE ARBITRATORS. AFTER THE SECOND STAGE IS COMPLETED, THE
PARTIES MUST ENGAGE IN A MEDIATION OF ALL REMAINING CASES, AND VERIZON
WILL PAY THE MEDIATION FEE. AFTER THE SECOND SET OF ARBITRATIONS AND
MEDIATION CONCLUDE, IF THE PARTIES CANNOT AGREE HOW TO RESOLVE THE
REMAINING CLAIMS, ANY INDIVIDUAL CUSTOMER WHO IS PART OF THE
COORDINATED PROCEEDING, OR VERIZON, MAY ELECT TO OPT OUT OF
ARBITRATION BY PROVIDING NOTICE TO OPPOSING COUNSEL, AND IF THE
CUSTOMER WISHES TO PROCEED WITH THE CLAIM THEY MAY FILE AN INDIVIDUAL
CLAIM IN COURT. FOR THOSE CUSTOMERS WHO DO NOT OPT OUT OF
ARBITRATION, THEIR CLAIMS WILL PROCEED IN ARBITRATION IN CONTINUED
BATCHES OF 80 CLAIMS AS SET FORTH ABOVE FOR THE SECOND SET. ADDITIONAL
CASES INVOLVING SIMILAR CLAIMS BROUGHT BY THE SAME OR COORDINATED
COUNSEL SHALL NOT BE FILED IN ARBITRATION UNTIL THE ARBITRATIONS AND
MEDIATION FOR PRIOR SETS HAS BEEN COMPLETED. YOU AGREE TO THIS
PROCESS EVEN THOUGH IT MAY DELAY THE ARBITRATION OF YOUR CLAIM. IF
SUCH A PROCESS IS INITIATED, THE FILING OF A NOTICE OF DISPUTE BY A
CUSTOMER IN ACCORDANCE WITH PARAGRAPH 16.4 OR FILING OF A COMPLAINT IN
COURT WILL TOLL ALL APPLICABLE STATUTES OF LIMITATIONS FOR THAT
CUSTOMER’S
DISPUTE
UNTIL
THE
COMPLETION
OF
THE
PROCESS
DESCRIBED
IN
THIS PARAGRAPH. A COURT WILL HAVE AUTHORITY TO ENFORCE THIS PARAGRAPH
INCLUDING BY ENTERING AN INJUNCTION TO PROHIBIT FILINGS IN VIOLATION OF
THIS PARAGRAPH.
16.7
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY
TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO
ENFORCE THE AWARD ITSELF.
16.8
IF A COURT, PURSUANT TO PARAGRAPH 16.3, DETERMINES THAT THE
PROHIBITION ON CLASS ARBITRATIONS OR
THE
LIMITS
ON
THE
ARBITRATOR’S
AUTHORITY CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART
OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT
DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE
THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO
REQUIRES.
16.9
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH
ARBITRATION, INCLUDING IF A CUSTOMER OR VERIZON OPT OUT OF ARBITRATION
PURSUANT TO PARAGRAPH 16.6 ABOVE, YOU AND VERIZON AGREE THAT, TO THE
FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NO ACTION WILL BE BROUGHT
ON A CLASS OR COLLECTIVE BASIS AND YOU AND VERIZON UNCONDITIONALLY
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR
COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY.
INTHE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN
CONSENT TO A TRIAL BY THE COURT.
17.
GENERAL PROVISIONS.
17.1
Survival. All obligations of the parties under this Agreement, which, by their nature,
would continue beyond the termination of the Agreement, including, without limitation, those
relating to Limitation of Liability and Indemnification, shall survive such termination.
Surviving terms include but are not limited to terms related to use of any companion
software or applications, EULAs, video content restrictions. Arbitration provisions, and
Warranties.
17.2
Assignment. This Agreement and the Services and/or Equipment supplied by
Verizon are not assignable or otherwise transferable by Subscriber, without specific written
authorization from Verizon. At Verizon's discretion, Verizon may assign, in whole or in part,
this Agreement, and Services may be provided by one or more legally authorized Verizon
affiliates. Furthermore, you agree to notify us of any changes of ownership of, or occupancy
in, the Premises immediately upon such transfer of ownership or change in occupancy.
17.3
Applicable Law. Except as otherwise required by law, you and Verizon agree that the
Federal Arbitration Act and the substantive laws of the state and local area in which your
Premises is located
(the
“Service
Jurisdiction”),
without
reference
to
its principles of
conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties
of the parties arising from or related in any way to the subject matter of this Agreement
with the sole exception that the substantive law of Pennsylvania law shall apply to
adjudication of disputes related to checks tendered as payment in full for less than the full
balance due.
UNLESS YOU AND VERIZON AGREE OTHERWISE, YOU AND VERIZON
CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN
ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE SERVICE JURISDICTION
FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR
INDIRECTLY, TO THE SUBJECT MATTER OFTHIS AGREEMENT.
Except as otherwise
required by law, including the Service Jurisdiction laws relating to consumer transactions,
any cause of action or claim you may have with respect to the Services must be
commenced within one (1) year after the claim or cause of action arises or such claim or
cause of action is forever waived.
17.4
Waiver.
Verizon’s failure
at
any time
to
insist
upon strict
compliance
with any of
the
provisions of this Agreement shall not be construed to be a waiver of such terms in the
future. If any provision of this Agreement is determined to be invalid, illegal or
unenforceable, the remaining provisions of this Agreement shall remain in full force and
effect and the unenforceable portion shall be construed as nearly as possible to reflect the
original intentions of the parties.
17.5
Force Majeure. Verizon Parties shall not be liable for any delay or failure of
performance or Equipment due to one or more Force Majeure events. Verizon will not
provide notice of Force Majeure events.
17.6
U.S. Government Restricted Rights.
Software and documentation is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government, its agencies
and/or instrumentalities is subject to restrictions pursuant to FAR 12.211, FAR 12.212(a),
DFARS 227.7202-1, DFARS 227.7202-3(a), and DFARS 252.227-7014(a)(1) as applicable.
Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government, its
agencies and/or instrumentalities is subject to restrictions as set forth in FAR 52.227
19(b)(1) and (b)(2) (Dec 2007). Contractor/manufacturer is Verizon or its licensors and
suppliers. The use of Software and documentation is further restricted in accordance with
the terms of this Agreement. Any export of the Software is strictly prohibited.
17.7
Entire Agreement. This Agreement, including all Policies referred to herein and
posted on the Website, constitutes the entire agreement between you and Verizon with
respect to the subject matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral. No changes by you to this Agreement shall be effective
unless agreed to in a writing signed by an authorized person at Verizon.
17.8
Global Trade Compliance. The Services, Equipment and software are intended for
use within the United States. You acknowledge that the Services are subject to U.S. global
trade compliance laws and regulations. You represent that you are not sanctioned under
applicable U.S. sanctions laws. You will not use, export or allow a third party to use or
export the Services Equipment and software in any manner that would violate applicable
law, including but not limited to applicable sanctions and export control laws and
regulations. You further agree to comply with U.S. export and trade laws concerning the
export of any provided equipment and the transmission of any technology and/or technical
data via the Services Equipment and software.
17.9
General Restrictions. You agree to follow all rules and policies applicable to the
Services, including required or automated updates, modifications and/or reinstallations of
Access Software or other software and obtaining available patches to address security,
interoperability and/or performance issues. You also agree: (i) to comply with all applicable
laws, rules and regulations when using the Services and accessing or viewing Content; and
(ii) not to reverse engineer, decompile, disassemble or otherwise tamper with or modify any
of the security features, usage restrictions or other Services components for any reason (or
help anyone else to do so).
17.10 Incorporation by Reference. Terms in this Customer Agreement and Service Terms
(Exhibits C through G) are not mutually exclusive and should be read together, as one
agreement, inclusive of Exhibits A (Verizon Affiliates) and B (Acceptable Use Policy). In the
unlikely event of a conflict of terms between this Customer Agreement and the Service
Terms or the Acceptable Use Policy, the terms of the Customer Agreement prevail and
govern.
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Location
VERIZON AFFILIATE
PROVIDING
EXHIBIT D FIOS TV
SERVICE, EXHIBIT C
Section 5.3 INSIDE WIRE
MAINTENANCE (IWM),
AND EXHIBIT F FIOS
HOME PHONE
VERIZON AFFILIATE
PROVIDING
EXHIBIT C FIOS INTERNET
SERVICE, AND EXHIBIT C
Section 5.4 VERIZON CLOUD
SERVICES
Connecticut
Delaware
Maryland
Massachusetts
New Jersey
New York
Pennsylvania
Rhode Island
Virginia (exceptions below)
Town of Dumfries, City of
Chesapeake, City of
Manassas, City of
Manassas Park, Town of
Occoquan, Prince William
County
Verizon New York Inc.
Verizon Delaware LLC
Verizon Maryland LLC
Verizon
New England Inc.
Verizon
New Jersey Inc.
Verizon New York Inc.
Verizon Pennsylvania LLC
Verizon New England Inc.
Verizon Virginia LLC
Verizon South Inc.
Verizon Online LLC
Verizon Online LLC
Verizon Online LLC
Verizon Online LLC
Verizon Online LLC
Verizon Online LLC
Verizon Online LLC
Verizon Online LLC
Verizon Online LLC
Verizon Online LLC
EXHIBIT A
VERIZON AFFILIATES
EXHIBIT B
ACCEPTABLE USE POLICY
1.
General Policy: Verizon reserves the sole discretion to deny or restrict the Services,
or immediately to suspend or terminate the Services, if the use of the Services by you or
anyone using it, in our sole discretion, violates the Agreement or other Verizon policies, is
objectionable or unlawful, interferes with the functioning or use of the Internet or the
Verizon network by Verizon or other users, or violates the terms of this Acceptable Use
Policy
(“AUP”).
2.
Specific Examples of AUP Violations. The following are examples of conduct which
may lead to termination of the Services. Without limiting the general policy in Section 1 of
this Exhibit B, it is a violation of the Agreement and this AUP to:
2.1
access without permission or right the accounts or computer systems of others, to
spoof the URL, DNS or IP addresses of Verizon or any other entity, or to penetrate the
security
measures of
Verizon or
any other
person’s computer
system,
or
to
attempt
any of
the foregoing;
2.2
transmit uninvited communications, data or information, or engage in other similar
activities, including without
limitation,
“spamming”,
“flaming”
or
denial of
service
attacks;
2.3
intercept, interfere with or redirect email or other transmissions sent by or to others;
2.4
introduce viruses, worms, harmful code or Trojan horses on the Internet;
2.5
post off-topic information on message boards, chat rooms or social networking
sites;
2.6
engage in conduct that is defamatory, fraudulent, obscene or deceptive;
2.7
violate
Verizon’s or
any third
party’s
intellectual property
rights or
other
proprietary
rights;
2.8
engage in any conduct harmful to the Verizon network, the Internet generally or
other Internet users;
2.9
generate excessive amounts of email or other Internet traffic;
2.10
use the Services to violate any rule, policy or guideline of Verizon;
2.11
use the Services in any fashion for the transmission or dissemination of images
containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist
in nature or which espouses, promotes or incites bigotry, hatred or racism; or
2.12
download or use the Services in Cuba, Iran, North Korea, Sudan and Syria or to
destinations that are otherwise controlled or embargoed under U.S. law, as modified from
time to time by the Departments of Treasury and Commerce;
2.13
Knowingly or unknowingly interfere with or abuse our Network and Network
Facilities, or with the functioning of the network and the Services provided over the network
3.
Copyright Infringement/Repeat Infringer Policy. Verizon respects the intellectual
property rights of third parties. Accordingly,
you
may
not
store
any material
or
use
Verizon’s
systems or servers in any manner that constitutes an infringement of third party intellectual
property rights, under US copyright law. Pursuant to Section 512 of the Digital Millennium
Copyright Act (DMCA),
it
is Verizon’s policy
to
terminate
the
account
of
repeat
copyright
infringers in appropriate circumstances.
4.
Verizon may, but is not required to, monitor your compliance, or the compliance of
other Subscribers, with the terms, conditions or policies of the Customer Agreement, AUP,
and applicable Service Terms. You acknowledge that Verizon shall have the right, but not
the obligation, to pre-screen, refuse, move or remove any content available on the Services,
including but not limited to content that violates the law, the Customer Agreement, this AUP,
or applicable Service Terms or conditions.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT C
FIOS INTERNET TERMS OF SERVICE
The following Service Terms for Fios Internet apply to your use of Fios Internet Services
and are incorporated by reference into the Customer Agreement between us.
1.
RESTRICTIONS ON USE.
Except as otherwise set forth in this Agreement, you may not resell, re-provision or rent the
Services, (either for a fee or without charge) or allow third parties (other than those utilizing
guest Wi-Fi services on your Home Network) to use the Services via wired, Wi-Fi or other
means. For example, you may not provide Internet access to third parties through a wired
or unwired connection or use the Services to facilitate public Internet access (such as
through a Wi-Fi hotspot), use it for high volume purposes, or engage in similar activities that
constitute such use (commercial or non-commercial). If you subscribe to Internet Services,
you may connect multiple devices within a single home to your router to access Internet
Service through a Verizon-issued IP address. You are responsible to know the terms of use
for all Other Devices you connect to your Home Network and you are responsible to opt-
out
of
any connected
Other
Devices’ features that
violate
the
Agreement
or
these
Service
terms. You may not knowingly or unknowingly exceed the bandwidth usage limitations that
we may establish from time to time for the Services, or knowingly or unknowingly use the
Services to host any type of server or commercial network or subnetwork. Violation of this
Section may result in bandwidth restrictions on Services or suspension or termination of
Services.
2.
AVAILABILITY OF AND CHANGES TO SERVICE.
2.1
Service and Bandwidth Availability and Speed. The Services you select may not be
available in all areas or at the rates, speeds, or bandwidth generally marketed, and some
locations may not qualify for the Services even if initial testing showed that your line was
qualified. We will provision qualified HSI lines at the maximum line rate available to your
location based on our standard line qualification procedures, unless you have selected a
level of Services with a lower maximum line rate. Bandwidth is provided on a per-line (not a
per-device) basis. The bandwidth available to each device connected to your Home
Network will vary depending upon the number, type, age, software operating system, and
configuration of devices using the Services and the type of use (for example, streaming
media), among other factors. The speed of the Services may vary based on network or
Internet congestion, your device configuration, your use and consumption of streaming or
other digital media services, the condition of facilities used to deliver the Services and the
wiring inside your location, among other factors. The Services and certain other Fios
Services, such as Fios Home Phone and Fios TV VOD Services, share bandwidth on the
fiber-optic connection to your home. The bandwidth available for the Services may be
reduced temporarily (a) during times of significant utilization of Fios TV VOD Services in a
particular area, (b) due to other unusual events such as network outage or failure, or (c) if
you or someone in your household are simultaneously consuming multiple video content or
data/internet/broadband streams. We and our suppliers reserve the right, at any time, with
or without prior notice to you, to restrict or suspend the Services to perform maintenance
activities and to maintain session control. Our network management and performance
practices are described in the following website and incorporated by reference herein:
https://www.verizon.com/about/our-company/open-internet
.
2.2
Conversion from HSI Services to Verizon Fios Internet Services. When Verizon is
able to provision Services utilizing fiber optic technologies, we may in our discretion
terminate your HSI Services and cease offering HSI Services to your location. In such case,
we will offer you Fios Internet Services at the then applicable rates and terms, which may
differ from your previous HSI Services rates and terms. If you are on a Term Plan and
Verizon terminates or ceases to offer Services to your location under this Section 2.2, you
shall not be liable to pay the ETF. If you convert from HSI Services to Verizon Fios Internet
Services, this Agreement will continue to govern your Verizon Fios Internet Services.
2.3
Changes to Services or Features. We reserve the right to change at any time with or
without notice to you any of the software, features, functions, websites (including user
interfaces), or Equipment used in connection with the Services. This section does not apply
to equipment protection plans that may be offered by our third party vendors.
3.
MANAGEMENT OF YOUR DATA, COMPUTER AND OTHER DEVICES.
3.1
Your Responsibilities Regarding Management of Other Devices and Data. You are
solely responsible for your home network. Your responsibility includes obtaining,
maintaining and updating all Other Equipment and software services and management of
your information and data and connected Other Devices. Unless you have agreed to
specific terms with us. Verizon reserves the right to modify settings on any Verizon
managed access points (for example, routers and extenders) on your Home Network for
safety and security reasons.
YOU AGREE THAT WE AND OUR THIRD PARTY SUPPLIERS
ARE NOT RESPONSIBLE FOR THE LOSS OF YOUR OR ANY THIRD PARTY DATA OR
FOR THE BACK-UP OR RESTORATION OF YOUR OR ANY THIRD PARTY DATA
REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR
YOURS, OR ON YOUR OR YOUR PERMITTED GUESTS’ DEVICE(S).
YOU SHOULD
ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA
STORED ON OUR OR ANY THIRD PARTY'S SERVERS.
3.2
Content and Data Management by Verizon. We and our applicable third party
suppliers reserve the right to: (a) use, copy, display, store, transmit and reformat data
transmitted over our network and to distribute such content to multiple Verizon, Verizon
Affiliate, and third-party servers for back-up and maintenance purposes; and (b) block or
remove any unlawful content you store on or transmit to or from any Verizon server. We do
not guarantee the protection of your content or data located on our servers or transmitted
across our network (or other networks) against loss, alteration or improper access.
3.3
Your Responsibilities Regarding Security. You agree that you are solely responsible
for maintaining the security of Other Devices and data, including without limitation,
encryption of data and protection of your User ID, user password, Home Network and
administrative passwords, and personal and other data. The Services may permit you with
the option to provide third parties authorized by you access to the Internet using your
Verizon-issued device. If you believe your login credentials have been lost or stolen, or that
someone has gained access to your account or login credentials without your permission,
call us immediately at 1-800-837-4966.
WE STRONGLY RECOMMEND THE USE (AND
APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND
FIREWALL SOFTWARE.
Use of our network for the distribution, operation, and
maintenance of malicious software (viruses, bots, worms, Trojan horses, etc.) is prohibited.
Communications to malicious domain names (e.g., domain names used by networks of
machines running malicious software) and to malicious Internet protocol addresses (e.g., IP
addresses used by networks of machines running malicious software) may be redirected by
Verizon to our network security systems at any time without notice as a countermeasure
against the operation of malicious software
such as “botnets”
in the
our
network.
Our
security systems may retain certain information such as the date and time of the malicious
communication, the IP address it originated from, the domain name involved, and other
technical information for cybersecurity purposes. Our security systems are configured to
not retain end user information contained in the payload of the application layer, if any, that
is delivered or uploaded by the compromised machines. The Equipment provided may
include security software and other features that may be activated at your option. You are
solely responsible for the activation and use of the optional features and settings.
3.4
Monitoring of Network Performance by Verizon. We automatically measure and
monitor network performance and the performance of your Internet connection and our
network. We will access and record information about Other Equipment profiles and
settings, and the installation of software we provide. You agree to permit us and our
applicable third party suppliers to access and scan your device, network ports, and
Equipment and to monitor, adjust and record data, profiles and settings for the purpose of
providing Services, managing Equipment software, and managing the security and
performance of our
Networks.
You
also consent
to
our
or
our
third
party
service
partners’
monitoring of all connections and performance of your Internet connection and Home
Network, and to access and adjust Other Device and equipment settings, as they relate to
the Services, Software, or other services which we may offer from time to time. We reserve
the right to modify the password(s) for the Equipment used with the Services in order to
safeguard Internet security, the security and privacy of Subscriber information, and/or for
other good cause to provide, upgrade and maintain the Services, protect the network, other
users of the Internet, or our Subscribers. Should we change such password(s), we will use
reasonable means to notify you.
3.5
Authorized Devices Registration and Restrictions on Streaming Content. See
Agreement Section 5.5 for restrictions on streaming content.
4.
LIMITATIONS ON USE OF THE SERVICES.
4.1
You acknowledge and agree that Verizon (a) is not responsible for invalid or
redirected Uniform Resource Locator
(“URL”) destinations,
transmission errors,
or
the
corruption of your data; and (b) does not guarantee your ability to access all websites,
servers or other facilities or that the Services are secure or will meet your needs.
4.2
You understand and agree that if you type a nonexistent or unavailable URL, or enter
a search term into your browser address bar, Verizon may present you with a Verizon Error
Assist web search page containing suggested links based upon the query you entered in
lieu of your receiving an NXDOMAIN or similar error message. Verizon's provision of the
Error Assist page may impact applications that rely on an NXDOMAIN or similar error
message and may override similar browser-based search results pages. If you would prefer
not to receive Error Assist pages from Verizon, you should follow the opt-out instructions at
https://www.verizon.com/support/residential/internet/home-network/settings/opt-out-of
dns-assist
.
4.3
You agree that we assume no responsibility for the accuracy, integrity, quality
completeness, usefulness or value of any Content, advice or opinions contained in any
emails, message boards, chat rooms or community services, Verizon Websites, or in any
other public service or social networks, and that Verizon does not endorse any advice or
opinion contained therein, whether or not we provide such services(s). We do not monitor or
control such service, although we reserve the right to do so.
4.4
You
represent
that
when you,
or
your
permitted
guests’ transmit,
upload,
download,
post or submit any content, images or data using the Services you or your permitted guests
have the legal right to
do
so and
that
your
or
your
permitted
guests’ use
of
such content,
images or data does not violate the copyright or trademark laws or any other third party
rights.
4.5
Third party websites or other applications linked to or from the Services are not
reviewed, controlled, or examined by us and you acknowledge and agree that Verizon is not
responsible for any losses you incur or claims you may have against the owner of third party
websites. The inclusion of any linked websites or content from the Services, including
websites or content advertised on the Services, does not imply our endorsement of them.
5.
ADDITIONAL SERVICES.
If you subscribe to Fios Internet, we may make the
following Additional Services available to you. In addition to the terms of the Customer
Agreement, the terms and conditions below apply to your use of the Additional Services(s).
5.1
Verizon Protect Home. Verizon Protect Home is provided directly by Asurion
Services, LLC and is subject to the separate terms and conditions of the Plan. Verizon
customers should review these separate respective terms and conditions at
http://www.verizon.com/about/sites/Verizon Whole Home
prior to enrollment and use.
5.2
Device Protection Plans. Verizon and its third party vendor, Asurion Services, LLC,
may offer a Device Protection Plan for a failure due to breakdown for certain eligible
products. The Device Protection Plan is provided by Asurion and is subject to the separate
terms and conditions of the Protection Plan, which can be found here
http://www.verizon.com/about/sites/Verizon Asurion Device Protection Plan
. Device
Protection Plan customers should review these separate terms and conditions prior to
enrollment and use. By purchasing or accepting any such Device Protection Plan, you agree
to be bound by the terms and conditions of the Device Protection Plan provided by Asurion
Warranty Services, Inc. or Asurion Florida Warranty Services, Inc. and administered by
Asurion Services, LLC, which are third party beneficiaries of this Agreement and capable of
enforcing the terms of the Device Protection Plan independently from Verizon.
5.3
Inside
Wire
Maintenance.
If
you
subscribe
to
Inside
Wire
Maintenance
("IWM”),
which
is offered by Verizon affiliates as per Exhibit A, you agree to be bound by the terms and
conditions of IWM, in addition to the terms set forth in this Agreement, which are located at
https://www.verizon.com/about/terms-conditions/residential-terms-service
, and
incorporated herein by reference.
5.4
Verizon Cloud Services. Verizon Cloud Services are provided by Verizon Online LLC
and provide personal storage in the cloud to automatically back up and sync your content
across your Devices. The amount of digital storage provided depends on Your Cloud
Services Subscription. Upon termination or cancelation of Your Subscription, you will no
longer have access to the Additional Service and any previously uploaded files and/or
content. You are responsible for downloading any files or content prior to the cancelation of
any services. You agree to be bound by the terms and conditions of the Cloud Services,
which are located at
https://www.verizon.com/support/cloud-legal/
, in addition to the terms
set forth in this Agreement.
5.5
Home
Network
Protection (“HNP”).
Verizon
may
offer
HNP
Services,
provided
by
McAfee LLC. This Service is available at no additional charge and is an available feature
included on a limited selection of routers. You must download and use the My Fios App to
manage HNP service and features and to access the HNP service terms. Once you enable
and configure HNP you can manage settings for connected devices on your Home Network.
Parental controls are also available to manage devices.
5.6
Techsure. (Limited availability. Restrictions apply). TechSure is provided directly by
Asurion Services, LLC and is subject to the separate terms and conditions of the Plan.
Verizon customers should review these separate respective terms and conditions at
http://www.verizon.com/about/sites/Techsure
prior to enrollment and use.
5.7
Whole Home WiFi. Verizon may provide Whole Home Wifi as a feature of your
internet service. Whole Home Wifi
(
https://www.verizon.com/support/residential/internet/whole-home-wi-fi
) may be included
with your Fios Internet plan or may be offered for an additional charge.
5.8
Home Awareness. If you subscribe to the Home Awareness service (“Home
Awareness”),
you
agree
to
be
bound
by
the
Home
Awareness terms and
conditions,
in
addition to the terms set forth in this Agreement, which are located at
https://www.verizon.com/support/residential/internet/essentials/home-awareness/legal,
and incorporated herein by reference.
EXHIBIT D
RETIRING ADDITIONAL SERVICES
If you subscribe to Fios Internet, we may have made the following Additional Services
available
to
you.
These
products and
services (“Retiring
Additional Services”) are
no
longer
available for purchase through Verizon at this time:
LASTPASS, TOOLBAR, TECHSURE PLUS, TECHSURE PREMIUM, VERIZON PREMIUM
TECHNICAL SUPPORT SERVICE, TECH SUPPORT PRO, AND LIFELOCK SELECT.
In addition to the Fios Internet service terms, each product and service listed above shall be
governed by separate terms and conditions independent from this Agreement. Any terms
and conditions listed in this Exhibit E, constitute a separate contract solely between you
and the company providing the services or product. Links to the terms and conditions for
these products and services are listed for your convenience.
1.
Lastpass Service by Logmein USA, Inc. LastPass is a password management service
offered by LogMeIn USA, Inc. By accepting, accessing, or using LastPass, you agree to be
bound
by
LogMeIn USA,
Inc.’s
terms of
service,
located
at
https://www.logmeininc.com/legal/terms-and-conditions
. Please review these terms
carefully as they contain important limitations and conditions with respect to this Additional
Service and its continued use.
2.
Lifelock Select Service. LifeLock is a consumer cyber security monitoring service
offered by Norton LifeLock, Inc. By accessing, or using LifeLock, you agree to be bound by
Norton LifeLock,
Inc.’s terms
of
service,
located
at
https://www.nortonlifelock.com/us/en/legal/
. Please review the LifeLock terms carefully as
they contain important limitations and conditions.
3.
Techsure Plus, Techsure Premium, Verizon Premium Technical Support Service, and
Tech Support Pro. Techsure Plus, Techsure Premium, Verizon Premium Technical Support
Service, and Tech Support Pro are services provided through Asurion Service Warranty, Inc.
(“Asurion”) which may
provide
or
assist
in providing
Technical Support
Services.
By
using
these
services,
you
are
bound
by
Asurion’s terms and
conditions which can be
found
at
https://www.asurion.com/terms-conditions/
. Please review these terms carefully as they
contain important limitations and conditions with respect to this Additional Service and its
continued use.
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EXHIBIT E
VERIZON FIOS TV TERMS OF SERVICE
These Service Terms for Fios TV apply to your use of our video services and are
incorporated by reference into the Customer Agreement between us.
1.
DEFINITIONS.
1.1
Authorized Devices. On Demand Content is accessed through a Verizon set top box
or through authorized Other Equipment and software applications. We may require you to
register each Other Device used to access Content (each, an "Authorized Device").
1.2
On Demand Services. A library of On Demand Content available as part of your Fios
TV service that you can watch at your convenience. Multi- device viewing options may be
available for certain On Demand Content.
1.2.1
Free On Demand. Some free On Demand Content is only available if you subscribe
to the channel or network providing the content. You can watch free On Demand Content
at your convenience when available.
1.2.2
Other On Demand. Some On Demand Content costs a small fee. In those cases, the
content is available for you to watch for 24 to 48 hours (depending on the Content).
1.2.3
Pay-Per-View Content. Pay television or webcast service by which you can purchase
live events to view via private telecast, which may have limitations on replay or access
across multiple platforms
2.
CONTENT.
2.1
Content Ownership. The Programing provided to you is owned and controlled by
companies and organizations other than Verizon. We obtain the rights to carry Content
through agreements with those companies. Each company or organization retains the right
to change, remove or provide alternate Content options at its discretion. Verizon has no
control over Content.
2.2
Limitation of Liability and Obligation to Carry Content. Verizon shall not be liable for
any failure or interruption of program transmissions or Services resulting in part or entirely
from circumstances beyond Verizon's reasonable control. Subscriber agrees that it has no
right to receive, and Verizon has no obligation to provide, any particular Content Services as
part of its Fios TV Services and that Subscriber is not entering into this Agreement or
purchasing Fios TV Services in reliance on an expectation or promise (explicit or implicit)
that
any particular
Content
shall be
included
as part
of
Verizon’s Fios TV
Services.
2.3
Fios TV Service Interruptions. The Services may be interrupted from time to time for
a variety of reasons, and Verizon does not represent or warrant that the Services or the
Equipment will be available or perform in a manner that meets your needs. Verizon will not
be liable for any inconvenience, loss, liability or damage resulting from any preemption, loss,
blackout, or interruption of the Services, directly or indirectly caused by or resulting from
any circumstances, including, without limitation, any circumstance beyond Verizon’s
reasonable control or events of Force Majeure. When practicable, Verizon will schedule and
conduct maintenance so that interruption of service is minimized and occurs during periods
of minimum use.
2.4
Limitations on Content. The Content distributed via the Services may not be viewed
or otherwise displayed in areas open to the public, including, without limitation, commercial
establishments. You may not rebroadcast or transmit the Content or charge for its viewing.
You may not take any actions to alter or avoid any security or access controls or
restrictions associated with the Services, Equipment, or Other Devices.
2.5
Viewing Restrictions. You understand and agree that it is your responsibility to
establish any viewing restrictions at your discretion, and to supervise use of the Services.
2.6
Content Access. Verizon may enable you to access and view Content in a variety of
ways: (i) by delivery to your Equipment; (ii) by delivery to compatible Other Devices through
a Verizon-provided application supporting media playback; (iii) by providing access to
supported browser versions through Verizon-provided hyperlinks and software on Other
Devices; or (iv) through a widget or software application accessed through the Equipment.
The technology employed by Verizon may vary among operating systems, devices and
software applications.
2.7
Terms of Service and AUP. Your use of Video On Demand and Pay-Per-View
Services is conditional upon your continued adherence to the Fios Internet Terms of
Service (Exhibit C to the Customer Agreement) and the Fios TV Terms of Service and
Verizon’s Acceptable
Use
Policy.
In the
event
of
any conflict
between the
Fios TV
Terms of
Service and the Fios Internet Terms of Service, the Fios TV Terms of Service will control
solely to the extent of such conflict.
3.
VIDEO
ON
DEMAND (“VOD”) SERVICES
DESCRIPTION
AND CONDITIONS
OF
USE.
3.1
Access to Fios TV VOD Content Services. You may access Services by:
3.1.1
streaming to your TV through a Verizon-supplied Fios TV set-top box (this requires a
compatible Fios router);
3.1.2
playing to an Authorized Device through a Verizon provided application supporting
media playback.
3.1.3
downloading to an Authorized Device for offline playback.
3.2
Authorized Devices Registration and Restrictions on Streaming Content. See
Agreement Section 5.5.2 for restrictions on streaming content.
3.3
VOD Services Requirements. Internet access is required to use VOD Services. There
may be separate or additional subscription, rental or purchase fees for VOD. You are solely
responsible for compliance with any minimum system requirements, software upgrades,
patches or other fixes, which are or may become necessary to access VOD Services.
Certain downloaded content may be viewed offline. Not all VOD Content is available for
download. Fast-forward,
rewind,
and
other
‘trick-play’ features for
viewing
Content
that
has
previously aired as well as other viewing features may vary. The availability of standard
definition, high definition, and ultra-high definition, and 4K video Content may also vary.
3.4
Variables Affecting Delivery. You acknowledge that delivery of VOD Content is
dependent
on variables not
under
Verizon’s control,
including,
but
not
limited
to,
the
speed
and availability of your internet or network connection. You may experience delays or
technical difficulties caused by or related to such variables, as well as the technical
limitations of the VOD Authorized Device on which you view the VOD library Content. To the
extent permitted by applicable law, you will not receive a refund or credit for any Content
that you are not able to view or have difficulty viewing due to such variables. You bear all
responsibility for ensuring that you have compatible equipment to view Content in the
appropriate format or at all.
3.5
License. Upon the payment of a subscription, purchase or rental fee, Verizon grants
you a limited, non-exclusive, revocable, non-transferable license to use the VOD Content,
which is intended solely for your non-transferable, non-commercial, private and personal
use. Any other use or attempted use for commercial or other purposes is strictly prohibited.
You understand and agree that advertisements, as well as certain communications from
Verizon such as Service announcements and administrative messages, are part of the VOD
Services and are necessary for Verizon to provide the VOD Services. Your use of third-
party platforms to aggregate your VOD titles from multiple service providers, such as
Movies Anywhere, may require your consent for us to share VOD Content with the platform
providers.
3.5.1
Purchased VOD Content Availability. Once you purchase or rent VOD Content, you
bear the responsibility for completing download and/or use and for all risk of loss of the
purchased and downloaded VOD Content. Verizon encourages you to download or access
your Purchased VOD Content immediately after purchase.
3.5.2 Purchased VOD Content Unavailability. Purchased VOD Content may become
unavailable for streaming (including streaming to your TV via a Verizon Fios TV set-top box)
or re-download due to Content provider licensing and other restrictions, and Verizon will not
be liable to you if purchased VOD Content becomes unavailable for further download,
streaming and/or use.
3.5.3 Re-delivery of purchased VOD Content. Verizon can only re-deliver to you the digital
files containing Purchased VOD Content a maximum of two (2) times during any calendar
year.
3.6
Digital Licenses for VOD Content. Regardless of the use of the word "purchase", and
except as set forth here, all VOD Content is offered for license to use and/or view, not
purchase or sale, and is subject to this Agreement and Service Terms and any other license
terms and conditions applicable to the VOD Content, including limitations imposed by the
use of any digital rights management technology. VOD Content can be licensed in two
ways:
3.6.1
Purchased VOD Content. When you purchase VOD Content, the payment of a
purchase fee will entitle you to access the purchased VOD Content for viewing on
Authorized Devices an unlimited number of times over an indefinite period of time.
Purchased VOD Content will continue to be accessible if you are no longer a Fios TV
customer, but your use of such VOD Services will be subject to the terms of this Agreement
and any applicable End User License Agreements as they may be amended from time to
time.
3.6.2 Rented VOD Content: When you rent VOD Content, the payment of a rental fee will
entitle you to access the rented VOD Content for viewing on one or more Authorized
Devices an unlimited number of times over a fixed period of time, typically 24 or 48 hours
from the purchase or initial playback of the Rented VOD Content.
3.6.3 Playback. You must initiate playback typically within 30 days of your rental
transaction or sooner depending on rental windows communicated at the time of rental.
3.7
Reservation of Rights. All Content provided by Verizon or its third party licensors on
any website or other resource provided by Verizon through which VOD Content may be
viewed or purchased is the property of Verizon or its licensors. All rights are reserved as
outlined in section 6 of the Customer Agreement.
3.8
Wireless Provider Data Charges. You acknowledge and agree that you may also
incur data charges or fees from a wireless or internet service provider (which may be
Verizon or a third party) for accessing Content or purchasing products and Services
through interactive options available through the Services.
4.
ADDITIONAL SERVICES.
If you subscribe to Fios Internet and Fios TV, we may
make the following Additional Services available to you. In addition to the terms of the
Customer Agreement, the terms and conditions below apply to your use of the Additional
Services(s).
4.1.1
Netflix. Netflix is provided directly by Netflix, Inc. and is subject to the separate
terms and conditions. Verizon customers should review these separate respective terms
and conditions at
https://help.netflix.com/legal/termsofuse
prior to using the service.
4.1.2
Pandora. Pandora is provided directly by Pandora Media, LLC. and is subject to the
separate terms and conditions. Verizon customers should review these separate respective
terms and conditions at
https://www.pandora.com/legal
prior to using the service.
4.1.3
Pluto TV. Pluto TV is provided directly by Pluto Inc., and is subject to the separate
terms and conditions. Verizon customers should review these separate respective terms
and conditions at
https://corporate.pluto.tv/terms-of-use/
prior to using the service.
4.1.4
YouTube TV. YouTube TV is provided directly by Google LLC., and is subject to the
separate terms and conditions. Verizon customers should review these separate respective
terms and conditions at
https://www.youtube.com/t/terms_paidservice
prior to using the
service.
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EXHIBIT F
FIOS HOME PHONE SERVICE TERMS OF SERVICE
The following Service Terms for Fios Home Phone apply to your use of our voice services
and are incorporated by reference into the Customer Agreement between us.
1.
GENERAL DESCRIPTION.
Fios Home Phone Service is a voice over internet service for calling domestic and
international locations. The Service also includes use of calling features and management
of your account.
The current plans and rates for domestic and international calling can be found at
https://www.verizon.com/home/phone/
. Information on current rates is also available by
contacting Verizon Customer Service at 1.800.Verizon (1.800.837.4966).
1.
Calling Features and Account Management
The Service includes certain calling features and account management. The calling features
and functionalities may be changed from time to time. Please visit
https://www.verizon.com/home/phone/
for currently-available features.
2.
LIMITATIONS OF THE SERVICE.
2.1
Availability. Fios Home Phone is available in limited areas of the United States, and
only in those areas where we can direct a 911 call to the appropriate emergency response
center in a manner consistent with applicable laws, rules, and regulations, including, without
limitation, FCC rules and requirements.
2.2
Call Types. The Service does not allow you to make 500, 700, 900, 950, 976, 0001,
0+, calling card calls or dial-around calls (e.g., 10-10-XXXX), nor does it allow you to accept
collect calls or third number billed calls.
2.3
Dialing. The Service requires 10-digit dialing. Home security system settings may
need to be modified from 7 to 10-digit dialing.
2.4
Call Forwarding. You will not be able to forward any of your calls to international
numbers.
3.
POWER AND BATTERY REQUIREMENTS.
Fios Home Phone Service (including 911 dialing) will not function during a power outage
without a back-up power source.
You are responsible for providing both the electrical
power necessary for the Service to function and any back-up power source.
3.1
Battery Back-up. A battery back- up feature is available for your Verizon equipment.
Depending on your equipment type, you may choose to use this battery back-up feature by
maintaining a: (i) 12 Volt battery in the built-in battery backup-unit or (ii) D Cell batteries in
the optional Verizon PowerReserve device that plugs into your equipment.
3.2
Backup Details. With a fully-charged battery (or batteries), the battery back-up
feature will power the basic calling functions of your Service for up to eight (8) hours in the
event of a power outage. The Verizon PowerReserve device may be purchased through
Verizon. 12 Volt batteries may be purchased through Verizon or a third party. The battery
back-up feature will not power cordless phones, Fios Internet or Fios TV service, or alarm
system equipment. A power failure or service disruption may require you to reset or
reconfigure equipment prior to using Fios Home Phone Service. Additional information,
including equipment type, battery testing, monitoring, use, and storage can be found at
verizon.com/battery.
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EXHIBIT G
FIOS PREPAID TERMS OF SERVICE
Certain Fios Services may include the option to pre-pay.
1.
CHARGES AND PAYMENT TERMS.
1.1
Prepaid Charges. You agree to pay for the Services on a prepaid basis for a
minimum period of one month. You are responsible for paying all applicable taxes,
surcharges, fees or other charges associated with the Services and Equipment. Payment
for the initial month of Services must be paid in full in advance before we will ship
equipment or schedule an installation date. You agree to pay any installation or other
additional fees prior to the time of installation, at the time of installation, but at all times prior
to activation of the Services.
1.2
Service Period -- Payments.
1.2.1
Payment Cycle. Your monthly payment cycle will begin on the date your (a) Prepaid
Services are installed and activated if Verizon is installing your Services or (b) on the date
the Equipment is delivered to you if you are self-installing the Service. Your Services will be
available for one month after activation. You
must
pay
for
the
next
month’s Services before
the
expiration of
the
current
month (the
“Expiration Date”) to
keep
your
Services active.
Services are renewed for the next month when we receive payment in full.
1.2.2
Non-Renewal. If you do not pay for the next
month’s Prepaid
Services prior
to
the
Expiration Date, your Services will be no longer be available, without additional notice to
you. You may restore your Services by paying for an additional month, and the date your
services are reactivated will begin a new month of Service. While your Services are
unavailable, you may not make any Equipment changes and you will not be charged for
Services. Your Services will be restored within 24 hours of our receipt of your payment.
There is no fee to restore Services.
1.2.3
Account Closure. If you do not make a payment for three consecutive months, your
Verizon account will be closed and you must return any Equipment to Verizon in
accordance with this Agreement. You must order as a new customer if you wish to
purchase prepaid Services after account closure. Reopening of a prepaid account is at
Verizon’s sole
discretion.
1.3
Third Party Charges. You are solely responsible for any charges you may incur with
third-party service providers, including accessing on-line services or subscriptions.
1.4
Payment Methods. You may be required to utilize a credit or debit card to prepay
your initial month of Service. Subsequent payments may be made by credit or debit cards,
by cash at an authorized payment location or such other payment methods as we may
designate. If you use a credit or debit card to pay for the Services, your use of the card is
governed by the card issuer agreement. If we receive a chargeback through your credit or
debit card, your Services will be suspended. More than one chargeback in a six month
period will result in closure of your account. If you are a cash customer, we may send you
an email with your account number to use in processing your payment; the number may
also be used to authenticate your Verizon account, and you acknowledge the unencrypted
email may increase risk of interception by a third party.
1.5
Refunds. We will not refund any amounts prepaid for the Services, subject to
applicable law, unless an order is cancelled prior to installation or activation.
1.6
Account Statements. Your Account Statement will be provided online and will be
available to you through your My Verizon Account; paper statements are not available.
2.
SERVICE INFORMATION.
2.1
Service Availability. Not all Verizon Services will be available in all areas. You may not
move your Verizon Services or temporarily discontinue your prepaid Verizon Services within
the current month, and no refunds will be given for amounts that have been prepaid.
Services may be re-established at a new location as a new account. Only designated
Service options, including available Fios Internet Speeds will be available as prepaid
Services.
2.2
Service Limitations. Home Phone is a prepaid Fios Home Phone service governed by
the Fios Home Phone Terms of Service, and will not permit calls that are billed on a usage
basis, the purchase of additional lines, directory listings, calls to directory assistance or
operator completed calls except by customers with disabilities who register to make such
calls, vanity numbers, or pick your own area code numbers. Home Phone telephone
numbers will not be listed or published. Vacation suspend will not be available for any
Prepaid services.
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September 1, 2023
