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OPTINET TERMS OF SERVICE
These Terms of Service apply to QuantumVu, QuantumHome, OptiNet Phone and Internet and
related services ("Services”) delivered by the OptiNet Division of BVU Authority in Bristol,
Virginia, a political subdivision of the State of Virginia, and doing business as OptiNet
(“OptiNet”).
The services that you receive from OptiNet are subject to the terms of our Acceptable Use
Policy (AUP), these Terms of Service and any Addendums (“Terms of Service”). These
agreements have been provided to you in your Welcome Kit and are also available online under
“Legal Notices” at www.bvu-optinet.com.
I. PAYMENT and FEES
Payment
Payment is due within 20 days of the invoice date. Accounts unpaid more than 21 days after the
invoice date may be subject to an interest charge of 1.5% per month and may have service
terminated or disconnected. Such termination does not relieve you of your obligation to pay
the amount owed. Returned checks are subject to a $30 charge. If you default on payment, you
agree to pay the amount owed and reasonable expenses, including attorney fees, court costs,
service fees and collection agency fees, incurred in enforcing its rights under the OptiNet
Internet Agreement. Monthly fees will be charged one month in advance. Monthly service
charges will be pro-rated if you cancel service. You may cancel service at any time by notifying
OptiNet at 1-855-835-1288, or in person at 15022 Lee Highway, Bristol, VA, 24202.
Payments may be mailed to P. O. Box 8100; Bristol, VA; 24203, brought into our business office
at 15022 Lee Highway, Bristol, VA 24202, or paid online at www.bvu-optinet.com. OptiNet also
offers automatic payment services. Customers may pay their bill by using a debit or credit card.
OptiNet reserves the right to change monthly fees. You will be notified at least 30 days prior to
any proposed change in rates.
Deposits
If you are unable to establish a satisfactory credit rating with OptiNet or if your credit rating
becomes impaired, you may be required to make a suitable cash deposit to be held as security
for the payment of bills. These deposits shall be reviewed after one year. If a satisfactory credit
rating has been established, the deposit, including interest, will be credited to the subsequent
bill, or if requested by you, refunded by check. Accrued interest will be credited once a year to
your account if you have not achieved a satisfactory credit rating.
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Resolution of Dispute
Any dispute regarding charges to your account must be lodged within sixty (60) days of the date
of the statement, or you will have deemed to have accepted the charges.
Taxes, Fees and Surcharges
State and local governments may assess taxes, surcharges and/or fees on your use of the
OptiNet Network and OptiNet Services. These charges may be a flat fee or a percentage of your
charges and may change from time to time without notice. These charges are based on the
rates applicable to the address you provided to us. You are responsible for all applicable
federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added,
personal property, public utility or other taxes, fees or charges now in force or enacted in the
future, that arise from or as a result of your subscription or use or payment for the OptiNet
Network and OptiNet Services. Such amounts are in addition to payment for the OptiNet
Network and OptiNet Services.
II. SERVICE INSTALLATION
Appointments
Installation and service call appointments are scheduled in advance. If OptiNet cannot meet a
scheduled commitment, OptiNet will attempt to notify you and reschedule the appointment for
a convenient time.
Moving?
If you are moving within the same service area, OptiNet will be glad to schedule an
appointment to install OptiNet services at your new location. Please notify OptiNet at least ten
(10) days prior to your move and we’ll arrange to transfer your services. Some fees and
restrictions may apply. When you transfer your services, your account must be in current
standing and any credits and charges from your previous service address will be transferred to
your new account address. These credits and charges may take up to two (2) months to appear
on your OptiNet bill.
Access to Customer Premises
From time to time, OptiNet may need to enter the premises at which you will use the Services
("Premises") in order to install, maintain, inspect, repair, and remove the OptiNet Equipment or
Services. Accordingly, you authorize OptiNet and its employees, agents, contractors, and
representatives to enter the Premises as necessary, at a time agreeable to you and us. You
warrant either that you are the owner of the Premises, or if you are a tenant, that you have the
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authority to allow us access to the Premises. If you are not the owner of the Premises, you
agree to supply us, if we ask, the owner’s name and address, evidence that the owner has
authorized you to grant access to the Premises, and written consent from the owner.
“Adult at Home” Policy: Our installers and technicians will not enter your home to perform any
work unless a responsible adult is present. We realize this may cause an inconvenience for
some of our customers, but this policy is essential to protect you and our employees.
III. EQUIPMENT
All equipment, including converters, terminals, and remote controls provided by OptiNet are
the property of OptiNet and must be returned if you move or terminate your service. Your
account will be charged a fee for any equipment which is not returned to OptiNet at the time
your service is disconnected. This charge also applies should any of the equipment be stolen
from your home or returned damaged beyond the normal wear and tear.
OptiNet will repair and/or replace the equipment we use to provide your services at no charge
if the repair or replacement is not the result of your negligence, fault, or theft from your
home. If you are experiencing problems with your service, contact your local Customer Service
office. Customer Service contact information is available online at www.bvu-optinet.com or by
calling 1-866-835-1288. OptiNet does not repair equipment owned by you, such as DVD players,
telephones, modems, computers and televisions and is only responsible for bringing service to
the input of such equipment.
Damage to or Failure to Return OptiNet Equipment
In the event the OptiNet Equipment is lost, stolen, damaged, destroyed, or otherwise not
returned promptly to OptiNet, you agree to pay the current replacement cost of the OptiNet
Equipment. We suggest that the OptiNet Equipment in your possession be covered by your
homeowners, renters, or other insurance. You understand that failure to pay the replacement
charge will result in the matter being turned over to a collection agency and attorneys to
pursue legal action.
Unauthorized Use of OptiNet Equipment or Services
Unauthorized use of OptiNet Equipment or Services constitutes a violation of federal and state
law and a breach of this Agreement. OptiNet will press charges against all violators. You will be
liable for all unauthorized use of the Services and for any and all stolen Services. You agree to
notify OptiNet immediately in writing or by calling our customer service line during normal
business hours if you become aware at any time that the OptiNet Equipment has been stolen or
that your Services are being stolen or used without your authorization. If you fail to notify
OptiNet in a timely manner, your Services may be terminated without notice, with additional
charges to you.
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Service and Maintenance Procedures
In the event of a problem with your Service or OptiNet Equipment, you should contact OptiNet
Customer Service at 1-866-835-1288. Depending on the nature of the problem, we may at our
option schedule an appointment for our Service Technician to visit your service location home,
usually by the next business day. OptiNet does not charge for service calls if OptiNet Equipment
caused the problem. You agree to cooperate by all reasonable means to allow an OptiNet
representative to inspect its facilities either inside or outside the place of attachment and with
its attempts to resolve a service or equipment problem. You agree that OptiNet is not obliged
to service any Customer Equipment, including your telephone or fax equipment. In the event
that OptiNet determines in its sole judgment that the problem was caused by Customer
Equipment, Customer negligence, lack of knowledge, Customer software, Customer-installed
wiring or hardware, Purchased Equipment not covered by its limited warranty, or any problem
not caused by OptiNet, you agree to pay for the service appointment and our reasonable
charges for repair. In some cases, OptiNet may decline to undertake the repair.
If a problem is not resolved to your satisfaction, you may write or call us with concerns or
complaints. Emergencies such as fallen trees or utility poles, violent storms or very cold
weather may interfere with the Services. Our crews are promptly dispatched to correct any
emergency when practicable. As these situations may affect a large service area, it may take
several days to resume full service to the entire area.
Limitation of Liability; Indemnification; No Warranties
No Warranties
THE OPTINET EQUIPMENT AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE OPTINET PARTIES NOR THEIR SERVICE
PROVIDERS WARRANT THAT THE OPTINET EQUIPMENT OR THE SERVICES WILL MEET YOUR
REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY,
OR WITHOUT ERROR, OR THAT THEY WILL NOT INTERFERE WITH OTHER THIRD-PARTY
EQUIPMENT OR SERVICES. NEITHER THE OPTINET PARTIES NOR THEIR SERVICE PROVIDERS
WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED COMPLETELY OR IN
UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE,
NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE
HEREBY EXCLUDED. NEITHER THE OPTINET PARTIES NOR THEIR SERVICE PROVIDERS WARRANT,
OR SHALL BE RESPONSIBLE IN ANY REGARD, FOR ANY MERCHANDISE OR SERVICES ORDERED
THROUGH THE SERVICES FROM THIRD PARTIES OR OTHER COMMERCIAL TRANSACTIONS WITH
THIRD PARTIES. CUSTOMER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL
INDEMNIFY SHENTEL FOR ALL LIABILITY IN CONNECTION THEREWITH.
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Limitations on Liability for Malfunctions and Intellectual Property Claims.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER
NO LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, OR OTHERWISE),
SHALL THE OPTINET PARTIES OR THEIR SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO
ANY PERSON OR ENTITY FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE,
PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, OR
PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR
OTHERWISE ARISING IN CONNECTION WITH, THE INSTALLATION, SELF-INSTALLATION,
MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE SERVICES, INCLUDING LACK OF 911/E911
OR DIALING ASSOCIATED WITH A SECURITY SYSTEM, OR THE USE OR ATTEMPTED USE OF OR
CUSTOMER'S RELIANCE ON OR USE OF THE OPTINET EQUIPMENT, PURCHASED EQUIPMENT, OR
THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS,
FAILURES OR MALFUNCTION, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN
TRANSMISSION, LOSS OF INFORMATION OR DATA, OR FAILURE OF PERFORMANCE OF THE
OPTINET EQUIPMENT OR SERVICES; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES,
LIABILITIES, OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF,
OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT, OR OTHER
PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE OPTINET EQUIPMENT OR
THE SERVICES BY CUSTOMER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT,
PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL
PROPERTY RIGHTS, OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
Limitations on OptiNet’s Liability for Customer Equipment and Software
Customer Equipment may be damaged or suffer service outages as a result of the installation,
use, inspection, maintenance, repair, and removal of the OptiNet Equipment and the Services.
Except for gross negligence or willful misconduct by us, none of the OptiNet Parties shall have
any liability whatsoever for any damage, loss, or destruction to the Customer Equipment. In the
event of gross negligence or willful misconduct by OptiNet, we shall pay at our sole discretion
for the repair or replacement of the damaged parts up to a maximum of $250. This shall be
your sole remedy relating to such activity. Use of certain features of the Services, such as
integrated messaging (where available), may require special software, applications, or access to
web portals. OptiNet makes no representation or warranty that any software or application
installed on your computers or web portal does not contain a virus or other harmful feature. It
is your sole responsibility to take appropriate precautions to protect any computer and other
hardware of yours from damage to its software, files, and data as a result of any such virus or
other harmful feature. We are not required to provide you with any assistance in removal of
viruses. If we decide, in our sole discretion, to install or run virus check software on your
computer, we make no representation or warranty that the virus check software will detect or
correct any or all viruses. You acknowledge that you may incur additional charges for any
service call made or required on account of any problem related to a virus or other harmful
feature detected on your system. NEITHER THE OPTINET PARTIES NOR ITS SERVICE PROVIDERS
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SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE,
SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR
FROM ANY ATTEMPT TO REMOVE IT.
OptiNet does not represent, warrant, or covenant that the installation of the special software
or applications described in the preceding paragraph or access to our web portals will not cause
the loss of files or disrupt the normal operations of any Customer Equipment, including but not
limited to your computer. FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND
UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE
MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU
DECIDE NOT TO BACK UP FILES. NEITHER THE OPTINET PARTIES NOR ITS SERVICE PROVIDERS
SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE,
FILES, OR DATA.
Limitations on OptiNet’s liability for Third Parties
Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand
that we may use third parties to provide components of the Services, including without
limitation their services, equipment, and infrastructure ("Service Providers"). OptiNet is not
responsible for the performance or non-performance of third-party services, equipment, or
infrastructure, whether or not they constitute components of the Services. OptiNet shall not be
bound by any undertaking, representation, or warranty made by an agent or employee of
OptiNet or of our Service Providers in connection with the installation, maintenance, or
provision of the Services, if that undertaking, representation, or warranty is inconsistent with
the terms of this Agreement. The limitations of liability set forth herein apply to any acts,
omissions, and negligence of the OptiNet Parties and their Service Providers which, but for that
provision, would give rise to a cause of action in contract, tort, or any other legal doctrine.
Customer’s Indemnification of OptiNet
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO DEFEND,
INDEMNIFY, AND HOLD THE OPTINET PARTIES AND THEIR SERVICE PROVIDERS, HARMLESS
FROM CLAIMS OR DAMAGES RELATING TO OR ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT OR YOUR AND YOUR USERS' USE OF THE SERVICES OR ANY OPTINET EQUIPMENT,
INCLUDING BUT NOT LIMITED TO ANY CLAIMS OR DAMAGES ARISING OUT OF THE LACK OF
911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM, HOME DETENTION, OR MEDICAL
MONITORING SYSTEM. YOU AGREE THAT OPTINET SHALL NOT BE RESPONSIBLE FOR ANY
THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES OR THE
OPTINET EQUIPMENT. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES
RELATED TO THE DEFENSE OF ANY SUCH CLAIMS.
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Service Interruptions Due to Technical Malfunctions and Force Majeure Events
In the event of complete failure of a Service due to technical malfunction for 24 consecutive
hours or more, you are entitled to a prorated credit upon request. To qualify for a credit, you
must request it within 30 days of the failure. THE FOREGOING IS YOUR SOLE REMEDY FOR A
SERVICE INTERRUPTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE MAY BE
INTERRUPTIONS OF THE SERVICES DUE TO ACTS OF GOD, WAR, WEATHER, POWER FAILURES,
EQUIPMENT FAILURES, OR OTHER SIMILAR EVENTS BEYOND THE CONTROL OF OPTINET. NONE
OF THE OPTINET PARTIES OR THEIR SERVICE PROVIDERS SHALL HAVE ANY LIABILITY, INCLUDING
AS SET FORTH IN THIS SECTION 12(g), FOR INTERRUPTIONS OF SERVICE DUE TO
CIRCUMSTANCES BEYOND THEIR CONTROL, OR FOR CLAIMS OR DAMAGES ARISING FROM
SUCH INTERRUPTIONS.
Customer’s Sole Remedies
Your sole and exclusive remedies under this Agreement are as expressly set forth in this
Agreement. If any of the above exclusions is found invalid, the liability of the OptiNet Parties
and their service providers is limited to the maximum extent permitted by law.
Home Wiring
The following notice will serve to inform you of your options regarding the home wiring located
within your dwelling that is used to provide cable service. Home wiring is the cable which runs
from your TV set to a point approximately twelve inches outside of your dwelling unit. It
includes extra outlets, splitters, connections and fittings or wall plates attached to the wire but
does not include devices such as converters, descramblers, CableCARDs, A/B switches, parental
lockout devices, security devices and the like.
Pursuant to FCC regulations, all customers are given the option to acquire the home wiring
within their dwelling unit upon termination of cable service. However, even prior to
termination of cable service, we allow our customers to remove, replace, rearrange, repair or
maintain any cable wiring located within the interior space of the customer’s dwelling unit so
long as such actions do not interfere with our ability to meet FCC technical standards or to
provide services to you or your neighbors. For example, you may not attach any device or
equipment to your home wiring in a way that impairs the integrity of the cable system, such as
by creating signal leakage, or which may cause a violation of government regulations.
Furthermore, you may not attach devices or equipment to the wiring which alone or together
result in a degradation of signal quality to you or your neighbors.
If you choose to have us remove, replace, rearrange or maintain the wiring inside your home,
you will be charged our regular hourly service charge on a per-visit basis. For maintenance, you
have the option of purchasing our optional inside wiring maintenance plan for a small monthly
fee. This optional program covers most but not all home wiring problems. For example, it does
not cover damage to home wiring caused by you or any third party should you attempt to
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undertake your own removal, replacement, rearrangement, repair, extension or maintenance
of that wiring. Furthermore, we are not responsible for problems relating to the operation of
customer-owned consumer electronics equipment such as televisions, DVDs, DVRs, home
antennas, etc., which may be connected to home wiring. We are, however, responsible for
problems relating to any equipment which you lease from us, other than problems caused by
tampering, neglect or abuse.
You also have the option of removing, repairing, rearranging or maintaining the home wiring
yourself or of hiring a qualified outside contractor to do the work for you. It is extremely
important that only high quality home wiring materials be used and that these materials be
properly installed in order to avoid signal leakage and to maintain signal quality in compliance
with FCC technical regulations.
Please Note...
In the event improper installation by anyone other than OptiNet or the use of improper
materials causes signal degradation and/or leakage, you may be held responsible for the cost of
rectifying the problem. Also, OptiNet may be required under federal law to terminate your
cable service until the problem can be remedied.
IV. SERVICE DISCONNECTION
You may request that your services be disconnected at any time. OptiNet will schedule a
disconnect appointment for you, or you may come to our cable office to return any OptiNet
equipment (converter boxes/remote controls/modems). Unless otherwise provided by
applicable law, billing for any disconnected services will stop on the date that the service
disconnection takes effect and all equipment is returned. If you have entered a service contract
to receive discounted pricing, you will be subject to an early termination fee if you disconnect
your service before the end of your contract term.
V. CUSTOMER OWNED and/or PROVIDED EQUIPMENT
Specifications
Any customer-owned or provided equipment that you use in connection with the Services
(except equipment purchased from OptiNet) ("Customer Equipment") must meet OptiNet’s
current minimum technical and other requirements.
No Warranty
If you install or use Customer Equipment in connection with the Services that does not meet
the minimum technical or other requirements described above (a "Non-Recommended
Configuration"), you agree that you will not be entitled to customer support relating to any
issues other than the quality of the signal delivered to the Customer Equipment. NEITHER
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OPTINET NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, THEIR
AGENTS, OR ASSOCIATED PARTIES ("OPTINET PARTIES") WARRANT THAT A NONRECOMMENDED CONFIGURATION OR THE USE OF CUSTOMER EQUIPMENT WILL ENABLE YOU
TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. YOU ACKNOWLEDGE
THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE DAMAGE TO
CUSTOMER EQUIPMENT. NONE OF THE OPTINET PARTIES SHALL HAVE ANY LIABILITY
WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING BUT NOT LIMITED TO LACK OF
911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. For purposes of this Agreement,
"affiliate" means any entity that controls, is controlled by, or is under common control with
OptiNet. The foregoing limitation of liability is in addition to and shall not limit any other
limitation of liability set forth in this Agreement.
Maintenance of Customer Equipment
OptiNet shall have no obligation to provide, maintain, or service Customer Equipment. You
agree to allow us the rights to send software and/or downloads to Customer Equipment and
install, configure, maintain, inspect and upgrade the Customer Equipment.
National Do Not Call List
If you would like to add or remove your number from the National Do Not Call List, you may do
so by calling 1-888-382-1222 or online at www.donotcall.gov.
VI. SPECIFIC PROVISIONS REGARDING VIDEO SERVICES
Products, Services and Pricing
OptiNet provides customers with a wide selection of programming choices. All customers must
subscribe to Basic service to access other programming choices, including tiers of service and
services offered on a per program or per channel basis. A complete list of programming choices
is provided to you upon subscription to our service or upon request.
Instructions on How to Use Your Cable Service
Instructions on how to use your cable service are outlined in our Welcome Kit, which will be
provided to you when your services are installed. This information is also available by request
or on-line at www.bvu-optinet.com.
Pricing and Service Changes
Unless otherwise provided by applicable law, OptiNet will notify you 30 days in advance of any
price or service change. Notice of these changes may be provided on your monthly bill, as a bill
insert, as a separate mailing, in the Legal Notice section of the newspaper, or through other
written means.
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Complaint Procedures
If you have a complaint about your service, billing, or terms and conditions of service, you may
call us directly at 1-866-835-1288. In addition, where applicable, we have identified on your
monthly bill the franchising authority that you may contact should we fail to resolve your
complaint.
Maintenance
Our technicians must periodically test and occasionally repair our cable equipment throughout
the cable system. Cable repair may cause a temporary loss of cable service to an entire
neighborhood known as a “maintenance outage.” If your cable is not working properly, contact
Customer Service at 1-866-835-1288. If a maintenance outage is affecting your area, you will be
informed when you call. If the problem is not being caused by maintenance, we will determine
the source of the problem and will restore your service as quickly as possible.
Service Interruptions
OptiNet maintains a high standard of technical operations within our cable systems and
responds promptly to most service interruptions. On occasion, service interruptions may arise
due to unforeseen problems such as power outages, electrical storms, severe weather
conditions, equipment failures, auto accidents involving utility poles, and in some cases, loss of
signal at the origination point of the program. In addition, twice a year our satellite reception is
disrupted by activity from the sun. This disturbance, which affects most cable and satellite
companies within the United States, occurs at the end of February and again in October, due to
direct alignment of the sun with our satellite and our earth stations. Unless otherwise provided
by applicable law, if you experience a verifiable service outage of more than two hours and
notify us in a timely manner, we’ll credit your account for such loss of service.
Sports Blackouts
Professional sporting events, both local and national, may be subject to blackouts per the
league’s broadcast rules. Due to these blackouts, not all programming and services will be
available in all areas and programming may be subject to change.
Equipment Compatibility
You may encounter problems when your television is connected directly to cable. This includes
an inability to receive higher-numbered cable channels. Some channels may be scrambled and
are only viewable with a digital set-top box. When using a digital set-top box, you may be
unable to use certain features of your TV or DVR without additional equipment, including
recording one program while watching another, recording two or more consecutive programs
that appear on different channels, and picture-in-picture viewing.
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Digital set-top boxes are available for lease from OptiNet. If you see advertisements for digital
set-top boxes with built-in descramblers (so-called “pirate boxes” or “black boxes”) or for
CableCARD security devices, please remember that these devices are illegal to sell or use unless
authorized by OptiNet. OptiNet does not authorize the use of any “pirate boxes.” Receivers
with descrambling capabilities and separate security devices may only be obtained from
OptiNet.
CableCARDs are available from OptiNet for a low monthly fee and allow this equipment to
connect directly to digital cable systems without a digital set-top box. Digital cable ready
equipment cannot access two-way cable services such as pay-per-view events and video-ondemand without a digital set-top box. If your television cannot receive UHF television broadcast
signals or the standard or high definition digital signals of television broadcast stations, you may
need a digital set-top box to view these stations on primary and/or additional outlets. You must
have an HD compatible television or other HD compatible video equipment to view services in
high definition format.
A remote control is provided at no extra charge when you lease a digital set-top box from
OptiNet. The remote control that came with your TV or other video equipment may also be
capable of controlling OptiNet’s set-top boxes, or you may also purchase a “universal” remote
control unit from a retail store that is capable of working with a digital set-top box. A
representative list of compatible remote control models currently available through local
retailers includes:
Scientific Atlanta Remotes Past and Present
AT2300 (4200 or 3250HD DHCT's)
AT8400 (DVR Capable DHCT's)
AT8550 (Universal)
AT8560 (Universal)
AT2400 (Universal)
Synergy RC-U62DCR
Synergy RT-U63CP
PHAZR UR5L 9000L
Quantum View Past and Present
Motorola URC62440 (NOVA)
Please note that these remotes may stop functioning if OptiNet begins to offer a different type
of box. If you have any questions about the compatibility of your remote control unit, please
call OptiNet’s Technical Service Department at 1-866-835-1288, or E-mail [email protected]
Although every effort has been made to provide you with a complete and accurate list of
universal remote controls, other remotes might be available that will work with your home
electronics equipment. Although these remote controls are compatible with the converters,
descramblers or other equipment we currently offer, they may not be functional should
equipment technology change. Should you have a question about the compatibility of a remote
control, please call us.
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VII. SPECIFIC PROVISIONS REGARDING INTERNET SERVICES
Prohibition from Unlawful Use
You may use the Services for lawful purposes only. You may not submit or transmit through the
OptiNet Network or via any OptiNet Service any material, or otherwise engage in any conduct
that:
1. violates or infringes the rights of others including, without limitation, patent, trademark,
trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or
accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment, or otherwise permit the unauthorized use of a computer or computer
network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil
liability;
7. violates these Terms of Service, the Acceptable Use Policy guidelines or any policy
posted on the OptiNet Network, or
8. interferes with the use of the OptiNet Network or any OptiNet Service by others.
You may not use the OptiNet Network or any OptiNet Service in any manner that could
damage, disable, overburden, or impair our servers or networks, or interfere with any other
party's use and enjoyment of the OptiNet Network or OptiNet Service. You may not attempt to
gain unauthorized access to any services, user accounts, computer systems or networks,
through hacking, password mining or any other means. We may take any legal and technical
remedies to prevent the violation of this provision and to enforce these Terms of Service.
If OptiNet believes that you have used the OptiNet Network or any OptiNet Service in any of
the aforementioned ways, OptiNet may forward the relevant communication and other
information, including your identity, to the appropriate authorities for investigation and
prosecution. You hereby consent to our forwarding of any such communications and
information to these authorities. In addition, OptiNet will provide information in response to
law enforcement requests, subpoenas, or court orders, to protect our rights and property and
in the case where failure to disclose the information may lead to imminent harm to the
customer or others. OptiNet reserves all of our rights at law and equity to proceed against
anyone who uses the OptiNet Network or any OptiNet Services illegally or improperly.
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Content
You may only post text, messages, information, software, images, audio and video (“Content”)
to public areas on the Services that you created or that you have permission to post. You may
not post Content that violates these Terms of Service. We do not claim ownership of any
Content that you may post. However, by submitting Content to public areas of the Services, you
grant us, our parent, affiliates, and distributors the right to use, copy, display, perform,
distribute, adapt and promote this Content in any medium.
We are not liable for Content that is provided by others. We have no duty to pre-screen
Content. We reserve the right to remove Content for any reason, but we are not responsible for
any failure or delay in removing such material. We are not responsible for content made
available on the Internet or any dealings that you have with advertisers found on the OptiNet
Network are between you and the advertiser and you acknowledge and agree that we are not
liable for any loss or claim you may have against an advertiser.
It is your responsibility to impose any restrictions on viewing of any Video Programming
available over the OptiNet Network or through any OptiNet Service by you, other members of
your household, or guests, and we shall have no liability to anyone due to or based on the
content of any of the OptiNet Services furnished to you.
Content You May Use
OptiNet, our suppliers, and our other users who lawfully post Content on the OptiNet Network
own the property rights to that Content. The Content is protected by copyright, trademark,
patent, trade secret, international treaties, laws and other proprietary rights, and also may
have security components that protect digital information. You may only use such Content for
personal, non-commercial purposes. You may use Content offered for downloading, such as
photos and music, for personal use only and subject to the rules that accompany that particular
Content. You may not use the Content in a manner that exceeds the rights granted for your use
of the Content, which includes unauthorized copying or distribution of the Content or creating
an unauthorized derivative work. You may not circumvent any mechanisms for preventing the
unauthorized reproduction or distribution of the Content.
VIII. SPECIFIC PROVISIONS REGARDING PHONE SERVICES
Restrictions Applicable to Residential Customers
If you purchased service under a residential plan, we reserve the right to immediately
disconnect or modify your access to the OptiNet Network or any OptiNet Service if we
determine, in our sole and absolute discretion, that your use of the OptiNet Network or any
OptiNet Service is, or at any time was, inconsistent with normal residential usage patterns. In
addition, you will be required to pay our higher rates for commercial service for all periods in
which your use of the Service was inconsistent with normal residential use.
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Calling Plans
OptiNet offers several different Calling Plans. Some Calling Plans include popular calling
features, including Call Waiting, Caller ID, Call Waiting ID, Call Forwarding, Speed Dialing, ThreeWay Calling and Anonymous Call Rejection. Voice Mail and special features may be available for
an extra monthly charge. All rates and fees are subject to change.
Unlimited Local and Long Distance Calling service allows you to call anyone, anytime, anywhere
in the United States, U.S. Territories and Canada as frequently as you like for one simple
monthly price, based on the package of services you purchase from OptiNet. Current rates and
offers are available at www.bvu-optinet.com Additional charges apply for taxes, fees,
international calling and calls to directory assistance and operator services. Unlimited Local and
Long Distance Calling may be used to make calls using calling cards.
Unlimited Local Calling allows you to call anyone, anytime, anywhere within the boundaries of
your local calling area as frequently as you like for one simple monthly price, based on the
package of services you purchase from OptiNet. Information regarding current rates, offers and
local calling area information is available at www.bvu-optinet.com. Additional charges apply for
taxes, fees, international calling, directory assistance and operator services calls. Unlimited
Local Calling may be used to make calls using calling cards.
Your OptiNet phone charges will appear as a series of line items on your OptiNet bill. You may
request a mailed copy of your recent outbound calling details by contacting Customer Service at
1-866-835-1288. All calls to international locations will be billed on a per-minute basis. Current
rates for calls to all locations outside the United States, Canada, Mexico, the Caribbean and U.S.
Territories can be found at www.bvu-optinet.com. Charges for directory assistance, operator
services, and unpublished listings (“Additional Charge Services”) are not included in Calling
Plans and will be billed separately, based on usage. Additional information about Calling Plans,
rates and additional charge services may be requested by calling Customer Service at 1-866835-1288.
OptiNet phone service is compatible with most home monitoring and security systems. If you
plan to use OptiNet phone service with your home monitoring and security system, you must
contact your service provider in order to test the compatibility of the service with OptiNet
phone service. OptiNet will not be responsible for the cost of conducting any tests or
configuring your monitoring or security system. OptiNet does provide a home security and
automation service called QuantumHome.
Emergency 911 Access
Our OptiNet Voice (VoIP) phone service is electrically powered, and phone service, including
access to emergency 9-1-1 and home security services, may not operate in the event of an
electrical power outage. If a power outage occurs in your home, your OptiNet equipment is
equipped with a battery, which may enable back-up service for a limited period. If your local
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OptiNet system loses power or experiences other service issues, OptiNet phone service may not
be available.
You may not move your equipment to a new address. If you do so, Enhanced 9-1-1 services will
not operate properly as emergency operators will be unable to accurately identify your location
in an emergency. If you would like to establish service at a new address, you must call OptiNet.
Charges and Billing
Usage charges are billed after each monthly usage cycle, unless otherwise specified in the Rates
and Services Schedules. Usage charges and monthly recurring charges may be billed in advance
or in arrears, depending upon the Service Plan selected by you.
Per-call and Measured-Call Charges
Calling plans billed on a flat monthly fee basis do not include certain call types. These call types
will instead be charged on a per-call (e.g., operator services) or a measured basis (e.g.,
international calls). For billing purposes, a measured call begins when the call is answered by
the called party or an automated answering device (such as an answering machine or fax
machine); it ends when one of the parties disconnects the call. Measured calls are recorded in
whole minutes, with partial minutes rounded up to the next whole minute. However, some
providers (e.g., those involved in calls to foreign countries) charge OptiNet for a completed call
when the called party's line rings or after a certain number of rings. In these situations, OptiNet
will charge for the call as if it were answered by the called party. Consult the Rates and Services
Schedules at www.bvu-optinet.com for information on per-call.
Rounding of Fractional Charges
If the computed charge for a measured call includes a fraction of a cent, the fraction is rounded
up to the nearest whole cent. If the computed charge for taxes or surcharges includes a fraction
of a cent, the fraction is rounded up to the nearest whole cent.
Third-Party Charges
The Services may allow you to access "dial-up" Internet service providers, other enhanced
service providers (e.g., information services accessible through 800, 888, and 877 numbers),
and other third-party providers. You acknowledge that you may incur charges with such
providers that are separate and apart from the amounts charged by us. You agree that all
charges payable to third parties, including all applicable taxes, are your sole responsibility. In
addition, you are solely responsible for protecting the security of credit card information
provided to others in connection with such transactions.
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Taxes and Other Charges
All charges stated in the Rates and Services Schedules are computed by OptiNet exclusive of
any federal, state, local, use, excise, gross receipts, sales or privilege taxes, universal service
fees, duties, surcharges, fees or similar liabilities. Such taxes, fees, surcharges, duties, liabilities
or other charges must be paid in addition to the rates and charges set forth in the Rates and
Services Schedules. You must pay all taxes, fees, surcharges, and other charges that we bill you
for the Services. Taxes and surcharges will be in the amounts that federal, state, and local
authorities require us to bill you. OptiNet will not provide advance notice of changes to taxes
and surcharges, except as required by applicable law.
Use and Maintenance of Equipment for Phone Service
Handset and Wiring
In order to use the Services, you are required to provide certain Customer Equipment such as a
phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet.
OptiNet does not guarantee that you will also be able to attach telephones to the jacks within
your premises to use the Service, but you may request our assistance in attempting to enable
such use. Additional charges may apply.
Incompatible Equipment and Services
You acknowledge and understand that the OptiNet Phone Services may not support or be
compatible with (i) Non-Recommended Configurations as defined in Section 8(b); (ii) certain
non-voice communications equipment, including but not limited to alarm or security systems
that make automatic phone calls; medical monitoring devices; certain fax machines; and certain
"dial-up" modems; (iii) rotary-dial phone handsets, pulse-dial phone handsets, and models of
other voice-related communications equipment such as answering machines and traditional
Caller ID units; (iv) casual/dial around (10-10) calling; 976, 900, 700, or 500 number calling; (v)
211, 311, or other x11 calling (other than 411, 511, 611, 711, and 911); and (vi) other call types
not expressly set forth in our product literature (e.g., outbound shore-to-ship calling and
outbound satellite calling).
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST THE OPTINET PARTIES AND
THEIR SERVICE PROVIDERS, FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN
THE OPTINET EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR
EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR
SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH SECTION 19.
You Assume the Risk of High-Risk Activities
The Services are not represented as fail-safe. They are not designed for use in situations where
error-free or uninterrupted service is essential. You expressly assume the risk of any damages
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from high-risk activities involving vital communications in which an error or interruption in the
Services could lead to material injury to business, persons, property, or the environment.
No Tampering with or Relocation of Equipment
You will not service, alter, modify, or tamper with OptiNet Equipment or with the Services, or
permit any other person not expressly authorized by OptiNet to do so. You agree that the
equipment and the Phone Services will only be used at your service address appearing in our
records. You understand and acknowledge that if you attempt to install or use such equipment
or the Phone Services at another location, the Services, including but not limited to 911/E911,
may fail to function or may function improperly. As described in Section 5 above, you must
notify OptiNet if you wish to relocate the equipment or OptiNet Phone Services. If you move
the equipment or Services to another location without complying with Section 5, you do so in
violation of this Agreement and at your own risk.
Limitations of 911/E911 Dialing
Limitations
The Services includes the ability to place calls to emergency dispatch operators by dialing "911"
("911/E911") that may differ from 911/E911 functions furnished by traditional telephone
service providers. As such, the 911/E911 Services may have certain limitations. CAREFULLY
READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON
911/E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE
OCCASION TO PLACE CALLS OVER THE SERVICES. If you have any questions about 911/E911, call
OptiNet customer service at 1-866-835-1288.
Correct Address
In order for your 911/E911 calls to be properly directed to emergency services, OptiNet must
have your correct service address. If you move the Services to a different address without
OptiNet’s approval, 911/E911 calls may be directed to the wrong emergency authority, may
transmit the wrong address, or the Services (including 911/E911) may fail altogether.
Therefore, you must call OptiNet customer service at 1 866 835 1288 at least 10 days before
you move the Services to a new address. All changes in service address require OptiNet’s prior
approval. YOU UNDERSTAND AND ACKNOWLEDGE THAT OPTINET WILL NEED SEVERAL
BUSINESS DAYS TO UPDATE YOUR SERVICE ADDRESS IN THE E911 SYSTEM SO THAT YOUR
911/E911 CALLS CAN BE PROPERLY DIRECTED.
Network Congestion or Failures
Calls, including calls to 911/E911, may not be completed if there is a problem with network
facilities, including network congestion, network or network equipment failure, or another
technical problem. Similar congestion and failures can occur with traditional phone service.
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Service Interruptions Caused by Power Failures
OptiNet uses the electrical power from your service location. YOU UNDERSTAND AND
ACKNOWLEDGE THAT YOU MAY LOSE ACCESS TO AND USE OF THE SERVICES, INCLUDING
911/E911, UNDER CERTAIN CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING: (i) IF OUR NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF ELECTRICAL
POWER TO THE EQUIPMENT IS INTERRUPTED AND SUCH DEVICES ARE NOT SUPPORTED BY A
WORKING BATTERY BACKUP. You also understand and acknowledge that the battery backup
included in the OptiNet EQUIPMENT may provide power for only a limited time, that the
performance of the battery backup is not guaranteed, and that if the battery is exhausted, the
Services will not function until normal power is restored. You understand and acknowledge that
your equipment may not have battery backup or another power source of its own.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT THE OPTINET PARTIES AND THEIR SERVICE PROVIDERS
WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES,
OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE OPTINET PARTIES AND THEIR SERVICE PROVIDERS,
FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES
(INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU
OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF
THE SERVICES, INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN
CONNECTION WITH THE SERVICES. **You agree to read and comply with the "OptiNet Phone
Agreement for Residential & Small Business Service" posted on OptiNet’s website at www.bvuoptinet.com which is hereby incorporated herein by this reference. **
Transferring Your Phone Number
Switching to OptiNet from Another Provider
If you are switching to OptiNet Services from another service provider, you may transfer your
existing phone number (if any) to our Services, provided that (i) you request the phone number
transfer when you place your order for our Services; (ii) your current service provider releases
your existing phone number, at our request, without delay or charge; (iii) transfer of your
existing phone number to our Services would not, in our view, violate applicable law or our
processes and procedures; (iv) you acknowledge and agree that OptiNet will not transfer
numbers from certain other service providers, (v) you acknowledge and agree that if your
equipment is set up before the date that the number transfer becomes effective ("Port
Effective Date"), you may only be able to make limited outgoing calls over the phone that you
have connected to such equipment. In that event, you should keep another phone connected
to an existing phone extension at your service location to receive incoming calls until the Port
Effective Date, after which you will be able both to make and to receive calls using our Services;
and (vi) you acknowledge and agree that to avoid an interruption in your phone service, it is
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extremely important that you have the equipment installed on or before the Port Effective
Date. Your existing phone service for the number you are transferring will be disconnected on
the Port Effective Date; if your equipment is not yet activated, you will not have access to our
Services. Therefore, you will not have service for that phone number. If you have questions
about the timing of your Port Effective Date, please contact OptiNet.
Switching from OptiNet to Another Provider
To transfer your phone number from OptiNet to another service provider, you must terminate
the Phone Services and place the transfer order through your new service provider (and not
through OptiNet). OptiNet will release your phone number to your new service provider,
provided that (i) your new service provider requests the transfer upon termination of your
account; (ii) your new service provider is willing to accept transfer of the phone number
without delay or charge; and (iii) transfer of your existing phone number to the new service
provider would not, in our view, violate applicable law or our processes and procedures.
Limitations on Liability for Directories and Directory Assistance
THE LIMITATIONS IN THIS SECTION 12(c) SHALL APPLY WHERE WE MAKE AVAILABLE A
DIRECTORY LISTING OR PUBLICATION OPTION. IF (i) ANY PHONE NUMBER FOR WHICH YOU
HAVE REQUESTED UNLISTED STATUS IS PUBLISHED IN ANY DIRECTORY; (ii) ANY PHONE
NUMBER FOR WHICH YOU HAVE REQUESTED NONPUBLISHED STATUS IS INCLUDED IN ANY
DIRECTORY, ANY DIRECTORY ASSISTANCE DATABASE, OR IS OTHERWISE DISCLOSED TO ANY
UNAUTHORIZED PERSON; (iii) ANY PHONE NUMBER WHICH YOU REQUESTED BE PUBLISHED OR
LISTED IN ANY DIRECTORY OR DIRECTORY ASSISTANCE DATABASE IS NOT SO PUBLISHED OR
LISTED, OR (iv) ANY PUBLISHED OR LISTED PHONE NUMBER CONTAINS MATERIAL ERRORS OR
OMISSIONS, THEN THE TOTAL LIABILITY OF THE OPTINET PARTIES AND THEIR SERVICE
PROVIDERS IN CONNECTION WITH THE DESCRIBED ERROR OR OMISSION SHALL NOT IN THE
AGGREGATE EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO
OPTINET TO LIST OR NOT TO LIST OR TO PUBLISH OR NOT PUBLISH THE NUMBER FOR THE
AFFECTED PERIOD. YOU SHALL HOLD THE OPTINET PARTIES AND THEIR SERVICE PROVIDERS
HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO HAVE BEEN
CAUSED, DIRECTLY OR INDIRECTLY, BY THE ERRORS AND OMISSIONS DESCRIBED ABOVE.
IX. MISCELLANEOUS
How to Contact OptiNet
For any inquiries or notices required in connection with this Agreement, you may contact us in
writing at OptiNet Customer Service, P. O. Box 8100, Bristol, VA 24203, or by calling our
customer service line at 1-866-835-1288 during normal business hours.
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How You Will Receive Notices
Notices from you to OptiNet must be provided as specified in this Agreement or the Rates and
Services Schedules. Notice from you to OptiNet made by calling OptiNet is effective as of the
date that our records show that we received your call. OptiNet 's notice to you under this
Agreement will be provided by one or more of the following methods: posting on the OptiNet
web site (www.bvu-optinet.com), recorded announcement, bill message, bill insert, newspaper
ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by
you.
X. PRICING
You can find more information about pricing for the Services by calling OptiNet at 1-866-8351288. Pricing of Services may change from time to time. THIS AGREEMENT INCORPORATES BY
REFERENCE THE PRICING INCLUDED IN OPTINET’S THEN-CURRENT RATES AND SERVICES
SCHEDULES.
XI. ARBITRATION
(a) EXCEPT FOR (i) CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW; (ii) CLAIMS
BROUGHT BY OPTINET RELATED TO UNPAID CHARGES FOR THE SERVICES OR OPTINET
EQUIPMENT; OR (iii) CLAIMS BROUGHT BY OPTINET FOR UNAUTHORIZED USE OF THE SERVICES
OR OPTINET EQUIPMENT, ALL THREE OF WHICH MAY BE BROUGHT IN ANY FORUM, ANY PAST,
PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF
APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER
RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE
PERMITTED. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN
CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE
RELIEF; INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT OF LAW. NO
CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM
SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE
DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY
COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE
UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE.
(b) If any clause within this Arbitration section (other than the class action waiver clause) is
found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision,
and the remainder of this Arbitration section will be given full force and effect. If the class
action waiver clause is found to be illegal or unenforceable, the entire Arbitration section will
be unenforceable. In the event that this entire Arbitration section is determined to be illegal or
unenforceable for any reason, or if a claim is brought that is found by a court to be excluded
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from the scope of this Arbitration section, you and OptiNet have each agreed to waive, to the
fullest extent allowed by law, any trial by jury.
XII. REPRESENTATIONS AND WARRANTIES OF CUSTOMER
You represent and warrant that you are at least eighteen (18) years of age. You may, at your
discretion, permit minors to use the Services under adult supervision. You are solely
responsible for monitoring all material that is accessed by minors using your Services. You also
represent and warrant that you have provided and will continue to provide to OptiNet accurate,
complete, and current customer information, including but not limited to your legal name,
address, phone numbers, and payment data (including but not limited to credit card numbers
and expiration dates). You agree that during the term of this Agreement you will promptly
notify us if there is any change in the information that you have provided to us in accordance
with the terms of this Agreement. If you fail to provide and maintain accurate information, you
thereby breach this Agreement.
XIII. NO RELATIONSHIP BETWEEN OPTINET AND OTHER PROVIDERS
Nothing in this Agreement will create any joint venture, joint employer, franchisor-franchisee,
employer-employee, or principal-agent relationship between OptiNet and any providers of
content or of backbone, network, circuit, and other technology or communications; between
OptiNet and any software and other licensors; between OptiNet and any hardware and
equipment suppliers; or between OptiNet and any other third-party providers of elements of
the Services. Nor will anything in this Agreement impose upon any such companies any
obligations for any losses, debts, or other obligations incurred by the other.
XIIII. TERMINATION
Term
The term of this Agreement shall commence from the time that the Services are activated and
shall continue thereafter until terminated as provided for in this Agreement. If you self-install
OptiNet Equipment that we have provided to you, Service charges begin the earlier of (i) the
day you install, or pick up from an OptiNet office or employee, such equipment, or (ii) five (5)
days after the shipment date. Service is provided on a month-to-month basis unless you agreed
to a specified minimum term, in which case you agree to maintain and pay for your Service for
the duration of the specified minimum term.
Termination by You
You may change or cancel individual Services by calling the OptiNet customer Service number
on your OptiNet bill, subject to the applicable terms and conditions in the OptiNet Rates and
Services Schedules. This Agreement remains in effect for any Services that you continue to be
enrolled in, use, or pay for.
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Suspension and Termination by OptiNet.
Upon five (5) days' written notice, we may suspend, restrict, or cancel the Services and this
Agreement, if you do not make payments for current or prior bills by the required due date,
including payments for late fees, deposits, or any other required additional charges. If Services
are suspended, restricted, or cancelled, charges will continue to accrue through the date that
OptiNet fully processes the suspension, restriction, or cancellation. You must pay all
outstanding charges for these Services, including payment of any bills that remain due after the
date of cancellation. You must reimburse us for any reasonable costs we incur, including
attorneys' fees, to collect charges and other amounts owed to us. If you want us to restore
Services following any such suspension, restriction, or cancellation, we may require that you
pay a deposit and installation charges. You understand and acknowledge that all OptiNet Phone
Services, excluding 911/E911, will be disabled because of termination of your account.
Your Obligations Upon Suspension or Termination
You agree that upon suspension of Services or termination of this Agreement you will (i)
immediately cease use of the Services and all OptiNet Equipment; (ii) pay in full for your use of
the Services and the OptiNet Equipment up to the later of the effective date of termination of
this Agreement or the date on which the Services are disconnected and all OptiNet Equipment
has been returned; and (iii) return the OptiNet Equipment to OptiNet , by any method
reasonably requested by us, within ten (10) days after termination of the Agreement. Upon our
request, you will permit OptiNet and our employees, agents, contractors, and representatives
to access your premises during regular business hours to remove the OptiNet Equipment and
other material provided by OptiNet. OptiNet will conduct this removal at a time agreed on by
you and us, and you will ensure that all OptiNet Equipment is returned to OptiNet. You may be
responsible for paying an equipment return charge and any previously agreed to charges if
OptiNet must come to the Premises to recover the OptiNet Equipment. If OptiNet incurs
collection or legal costs as a result of your failure to comply with this Section, you will be liable
for not only the value of the OptiNet Equipment, but also for collection and attorneys’ fees as
well as court costs upon judgment.
Deletion of Customer Information
OptiNet and its service providers reserve the right both during the term of this Agreement and
upon its termination to delete your voice-mail, data, files, or other Customer information that is
stored on OptiNet's or its Service Providers' servers or systems, in accordance with our storage
policies. You understand and acknowledge that we shall have no liability whatsoever as a result
of the loss or removal of any such voice-mail, data, files, or other Customer information.
OptiNet Firmware and Software
The Services and OptiNet Equipment, including any firmware or software that may be
embedded in the OptiNet Equipment or used to provide the Services, are protected by
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trademark, copyright, and/or other intellectual property laws and international treaty
provisions. You are granted a revocable license to use such firmware and software in object
code form (without making any modification thereto) strictly in accordance with this
Agreement. This license will commence upon your acceptance of the relevant Services and will
terminate immediately upon the termination of the Services for any reason. OptiNet and its
licensors retain all rights and interests in and to any such software of firmware. You
acknowledge and understand that you are not granted any other license to use the firmware or
software embedded in the OptiNet Equipment or used to provide the Services. You expressly
agree that you will use the OptiNet Equipment exclusively in connection with the Services. You
are permitted to archive the software or re-load the software disk in its original format. All such
copies must contain the same copyright notices and proprietary markings as the original
software. You shall not reverse compile, disassemble, or reverse engineer or otherwise attempt
to derive the source code from the binary code of the firmware or software.
If you decide to use the Services through an interface device not provided by OptiNet, which
OptiNet reserves the right to prohibit in particular cases or generally, you warrant and
represent that you possess all required rights to use that interface device with the Services,
including all software and firmware licenses. You will indemnify and hold harmless OptiNet
against any and all liability arising out of your use of such interface device with the Services.
XV. NO RESALE
You shall not resell or transfer the OptiNet Service or access to the OptiNet Network to another
party without our prior written consent. You are prohibited from using the OptiNet Network or
any OptiNet Service for auto-dialing, continuous or extensive call forwarding, telemarketing
(including, without limitation, charitable or political solicitation or polling), fax or voice-mail
broadcasting or fax or voice-mail blasting or bulk e-mailing.
XVI. NO THIRD PARTY RIGHTS
These Terms of Service shall not provide any third party with a remedy, claim or right of
reimbursement.
XVII. ACTS BEYOND OPTINET CONTROL
Neither you nor OptiNet will be responsible to the other for any delay, failure in performance,
loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the
weather elements, strike, embargo, labor disputes, civil or military authority, war, terrorist acts,
acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental
agencies, or other causes beyond our reasonable control.
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XVIII. Severability
If we do not enforce any right or remedy available under these Terms of Service, that failure is
not a waiver. Except where these Terms of Service specifically provide otherwise, if any part of
these Terms of Service is held invalid or unenforceable, the remainder of these Terms of Service
will remain in force.
XVIIII. PROTECTION of OPTINET’S INFORMATIONS and MARKS
All Services information, documents, and materials on our websites are protected by
trademark, copyright or other intellectual property laws, and international treaty provisions. All
websites, corporate names, service marks, trademarks, trade names, logos, and domain names
(collectively " OptiNet Marks") of OptiNet are and shall remain the exclusive property of
OptiNet. Nothing in this Agreement shall grant you the right or license to use any of the OptiNet
Marks.
XX. GOVERNMENT TORT LIABILITY
Nothing contained in these Terms and Conditions or in bond or in any certificate or policy of insurance
or in any provision of indemnity shall be construed to constitute a waiver by OptiNet of any provision,
substantive or procedural, Virginia Torts Claim Act, as amended, VA Code Ann. § 8.01-195.1., et seq., or
of any other provision of federal, state, or local law affording OptiNet protection from or limitation of
tort or other liability.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS
THAT YOU MIGHT OTHERWISE HAVE AGAINST OPTINET BASED ON THE LAWS OF OTHER
JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE
JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF
VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH OPTINET; AND (3) SUBMITTING
YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF
VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS, EXCEPT AS SET
FORTH IN THE ARBITRATION TERMS CONTAINED IN THESE TERMS OF SERVICE.
XXI. TRADEMARKS
All trademarks appearing on the Services are the property of their respective owners, including,
without limitation, BVU OptiNet.
OptiNet reserves the right to modify these Terms of Service at any time in its sole and absolute
discretion. Changes and modifications will be effective when posted and any use of the Services after
the posting of any changes will be considered acceptance of those changes.
This OptiNet Terms of Service document was last updated on October 21, 2015.
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