Customer Service Agreement
Our goal is to ensure that you are completely satisfied with your services. For your security, please read the appropriate agreements prior to submitting and committing to Volt Broadband’s products and services.
- “Affiliates” means Volt’s officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, franchisees, and licensors.
- “Losses” means past, present and/or future claims, demands, rights, obligations, actions, and causes of actions, both known and unknown, including, but not limited to, all claims for losses, personal injuries, emotional injuries, mental shock, fear, fright and anguish, physical pain, suffering and anguish, medical expenses, disability, disfigurement, loss of enjoyment of life, loss of earnings, loss of earning capacity, economic loss, loss of support, loss of consortium, expenses, compensatory damages, property damages, general damages, special damages, punitive damages, bad faith damages, penalties, attorney’s fees, whether based on local, state or federal law and whether based on tort, contract or any other theory of recovery.
- The “Services” means the Volt Broadband, L.L.C. high speed internet system, Voice Over Internet Protocol (VoIP), telephone service, Emergency 911 services, Lifeline, and all facilities, equipment, and services utilized in the provision of same. The Services shall mean to include one, or combination of, the foregoing described services.
- The “Service Date” means the earlier of the date on which (a) Volt notifies you that the Services are available for your use at either the Volt-defined demarcation point or last-available test point; or (b) you first use the Services or the Volt Broadband Network. The requested Service Date on the Customer Order Form is the earliest date on which you are willing to accept Volt’s Service. Volt does not guarantee that the Services will be installed on the requested Service Date.
- “Volt” means Volt Broadband, L.L.C. Volt may also be referred to as a “Party” or in the collective as one the “Parties.”
- “We,” “Us,” or “Our” means Volt Broadband, L.L.C.
- “The Website” means the Volt Broadband, L.L.C. website found at https://www.voltbroadband.com.
- “You” or “Your” means the customer who executed the Volt Broadband Order Form. If the customer is an individual, then “You” and “Your” shall refer to the individual. If the customer is a business entity, then “You” and “Your” shall refer to the business entity, and its employers, agents, and representatives. You may also be referred to in this CSA as a “Party” or in the collective as one of the “Parties.”
B. THE SERVICES
- Your signature on the Volt Broadband Order Form constitutes your acknowledgement and agreement to be bound by this CSA.
- Volt will provide the Services to you at the prices set forth in the Volt Broadband Order Form.
- The Services will be provided to you at the location specified on the Volt Broadband Order Form only. Any relocation of the Services shall be considered an amendment to this CSA thereby requiring the written consent of you and Volt.
- You may order additional Services or locations at which the Services are to be provided through additional Volt Broadband Order Forms, all of which will be governed by this CSA. Your account must be current in order to make changes to the Services or to order additional Services.
You must be at least 13 years old to use the Website and the Services, except that some Services might require that you be 18 years or older. If you are under the age of majority in your state of residence, your parent or a legal guardian must agree to the terms and conditions of this CSA on your behalf, and you may only access and use the Website and the Services with permission from your parent or legal guardian.
D. CREDIT CHECKS AND COLLECTION COSTS
By executing the Volt Broadband Order Form, you authorize Volt to conduct an inquiry into your credit history to determine your credit worthiness, including obtaining credit histories and making inquiries of businesses, banks, and lending institutions. You hereby release Volt from any and all Losses arising out of such inquiry and agree to indemnify and hold Volt and its Affiliates harmless from all Losses in connection with such inquiry. You agree that Volt may terminate this CSA any time before the Service Date in the event Volt determines in its sole discretion that your creditworthiness is not acceptable and that you cannot provide sufficient additional security to Volt.
You acknowledge and agree: (a) that the prices for the Services displayed through the online ordering features of the Website may differ depending on the date and time on which you order, (b) that the prices for the Services may differ depending on whether a currently-effective discount or promotion is applicable when you order, and (c) that Volt reserves the right to change the prices, fees or surcharges at any time for the Services displayed through the online ordering features of this Website. Charges paid for completed orders are final and non-refundable. Volt has no obligation to provide refunds or credits but may grant them in Volt’s sole discretion.
F. PAYMENT AND LATE CHARGES
- You shall pay for all monthly service charges, plus any associated one-time set up, installation, and/or construction charges.
- Unless stated otherwise herein, monthly charges for the Services shall begin upon the Service Date. Installation charges, if any, shall be due upon completion of installation.
- Your account shall be considered delinquent in the event you do not pay an invoice within twenty (20) days of the invoice date. If the due date of the invoice falls on a Saturday, Sunday, legal holiday, or half-holiday, then the due date of the invoice shall extend to the next full business day.
- Any invoice not paid within twenty (20) days of the invoice date shall be subject to a late payment penalty of five percent (5%) of the principal balance of said invoice. We will not charge a late payment penalty on any portion of an invoice which represents a previous late payment penalty.
- We have the right to disconnect the Services in the event your account becomes delinquent, provided we first give you five (5) days written notice for non-payment of any principal amount and ninety (90) days written notice for non-payment of any late payment penalty.
- All payments received shall be credited first to the outstanding principal, regardless of month incurred, until all principal is discharged, and then to outstanding late payment penalties, if any.
- You will be charged a $20 NSF fee (nonsufficient funds) for returned checks.
- You have twenty-five (25) days from the date of an invoice to contact Volt in writing to dispute any charges for principal amounts on said invoice, and ninety (90) days from the date of an invoice to dispute any late payment penalty assessed on said invoice. In the event you fail to dispute such charges within the aforesaid time periods, your right to dispute said charges shall be waived.
- If applicable to the Services, you shall pay sales taxes, use taxes, gross receipts taxes, excise taxes, access charges, universal service fund assessments, 911 fees, franchise fees, bypass, and other local, state, and federal taxes or charges imposed on the use of the Services or equipment necessary to utilize the Services. Taxes will be separately stated on your invoice.
- You agree that your obligation to pay charges, taxes, and fees incurred pursuant to this CSA shall survive the termination of the Agreement.
- If you are claiming tax exempt status, you must provide Volt with a properly executed exemption form.
- You hereby acknowledge your responsibility to obtain IT assistance, if or when needed in conjunction with any issue related to your customers or end-users, at your own cost. Notwithstanding the foregoing, if Volt partially installs or activates the Services, Volt reserves the right to commence billing for the Services on a pro rata basis. Notwithstanding anything to the contrary in the CSA, if an installation is incomplete or a service is not usable due to any act or omission by you and/or your third party contractors, vendors, or suppliers, or due to your equipment, including any applications, system, data, or software, then Volt has the right to commence billing.
- Volt may change the specifications, terms, charges, or fees for the Services by providing you at least sixty (60) days advance written notice or by posting such change on the Website.
- If you default on any of your obligations under the CSA, you agree to pay, in addition to any charges owed, Volt’s reasonable expenses including, but not limited to, Volt’s attorney’s fees and collection agency fees incurred by it in enforcing its rights.
G. AVAILABILITY AND RESALE OF SERVICE
You acknowledge and agree that the Services are subject to the availability of the necessary facilities and/or equipment. Unless authorized in writing by Volt, you may not re-sell, utilize, or otherwise share any of the Services or connectivity whatsoever with any other party or entity. Volt reserves the right to provide the Services only to and from locations where the necessary facilities and/or equipment are available, and to discontinue furnishing the Services when necessitated by conditions beyond Volt’s control. If you are a business entity rather than an individual, you shall retain responsibility for all other services, operations, systems, and personnel necessary for the operation of your business.
H. OWNERSHIP, LOSS, AND DAMAGE TO EQUIPMENT
Unless otherwise provided in this CSA, all equipment for the provision of the Services is being leased to you. The equipment includes, without limitation, inside or outside Optical Network Terminals, wireless routers, and wiring. Any such leased equipment shall remain at all times the property of Volt. You shall have no right, title, or interest in any such leased equipment. You shall allow Volt to substitute equipment in place of any inoperative or defective equipment. In the event that the removal, installation, repair, and/or replacement of any such equipment becomes necessary and/or in the event this CSA terminates, you hereby grant Volt and its authorized representatives a right of entry to your premises to remove, repair, or replace said equipment and related items.
You shall not alter, misuse, repair, or in any manner tamper with the equipment or outlets or remove from the equipment any markings or labels. You are responsible for the safekeeping of all equipment. You shall bear the entire risk of loss, theft, damage, or destruction of equipment leased from Volt from any cause whatsoever. In the event of damage to any item of leased equipment, you shall immediately notify Volt of such damage. If Volt determines that any item of leased equipment is lost, stolen, destroyed, or damaged beyond repair, you shall pay Volt in cash the replacement cost of the leased equipment or comparable equipment, as determined by Volt. Should you fail to pay such amount in cash, Volt reserves the right to impose such charges on your bill for services.
I. TERMINATION, RESTRICTION, OR SUSPENSION OF SERVICES
- Prior to the Service Date, Volt may terminate this CSA if it is not approved by Volt corporate management for any reason.
- Volt may restrict, suspend, or terminate this CSA and/or your use of or access to the Services at any time if:
- You violate any provision of Section L of this CSA entitled “Acceptable Use of the Volt Website and the Services,”
- You are in material breach of any provision of this CSA and, in Volt’s sole discretion, an immediate restriction, suspension or termination of the Services is necessary to protect the Volt Broadband Network and/or Volt’s ability to provide the Services to other customers,
- Your account is delinquent within the meaning of Section F(3) of this CSA, and/or
- The Services are unavailable at your location, e.g., no connectivity, no access to your premises, etc.
- You and/or Volt may terminate this CSA by providing the other Party with at least thirty (30) days prior written notice for any reason unrelated to non-payment of principal and/or late payment penalties on your account.
- Your notice to terminate the Services must be sent separately for each location at which the Services are being provided (including terminating one Service location after the Services are switched to a new location). Your notice of termination must be sent to Volt by email at [email protected].
- If the Services are terminated prior to the Service Date, you shall pay Volt for all initial costs for such Services.
- If the Services are terminated after the Service Date, you shall pay Volt (a) for the Services up through the date of termination, (b) the initial costs (unless already paid), and (c) a termination charge. However, you will not owe a termination charge if you terminate the Services in accordance with Section I(3)-(4) above, or the Services are unavailable at your location due to loss of connectivity or building access at your location per Section (I)(2)(d) above.
- You acknowledge and agree that because actual damages to Volt caused by early termination of the Services are uncertain and would be difficult to determine, the termination charge is a reasonable liquidated damage and is not a penalty. Any reconnections of the Services shall result in additional reconnection charges to you at Volt’s then-prevailing rates.
J. PERMISSION TO ENTER PREMISES
You hereby grant permission to Volt and its authorized third party service providers, suppliers, contractors, vendors, and representatives reasonable access, space, power, and environmental conditioning on your premises to perform the work and any follow-up work related to the Services, and further agree to make commercially reasonable efforts to obtain any necessary consents or rights of way from third parties for that purpose. You warrant that you have the authority to grant such permission and that such authority includes permission from all necessary persons to permit access to your premises for purposes of making attachment and installation of all necessary cabling, wiring, and related materials for the provision of the Services, installing, configuring, maintaining, inspecting, upgrading, replacing, and removing the Services and any associated equipment and hardware, and performing maintenance, service upgrades, and periodic clearing of rights of way.
If you fail to comply with any material provision of this CSA, then Volt may pursue one or more of the following courses of action upon notice to you as required by tariff or applicable law and/or regulation: (a) terminate the Services whereupon all sums then due and payable shall become immediately due and payable, (b) restrict and/or suspend all or any part of the Services, and/or (c) pursue any and all other remedies available by law.
L. ACCEPTABLE USE OF THE VOLT WEBSITE AND THE SERVICES
- You are responsible for your use of the Website and the Services, and for any use of the Website or the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. You shall not use the Website for any reason other than your business relationship with Volt. When you use the Website or the Services, you will not take any of the following actions with respect to the Website, the Services, or the server hosting the Website, nor will you use the Website, the Services, or the server hosting the Website to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content, or use the Website so as to in any manner:
- violate any law or regulation or violate this CSA,
- violate, infringe, or misappropriate the intellectual property, privacy, publicity, or other legal rights of any other party,
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable,
- send unsolicited or unauthorized advertising or commercial communications such as “spam,” “junk mail,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise,
- use any robot, spider, scraper or other automatic or manual means to access the Website or the Services, copy any content or information on the Website, or engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website or the Services,
- transmit any viruses, malware, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems,
- disable, overburden, impair or otherwise interfere with or interrupt the Website or the Services or any hardware, software, system or network connected with the Website or the Services,
- attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means,
- stalk, harass, or harm another individual,
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing,
- use any means to scrape or crawl any Web pages contained on the Website or the Services or to harvest or otherwise collect information about individuals,
- attempt to cause damage to the Website or the Services, or to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website or the Services,
- attempt to modify, decipher, decompile, disassemble, reverse disassemble, create derivative works of, translate, reverse engineer, or similarly manipulate any of the software or other underlying code used to provide, support, or protect the Website or the Services or which derives the source code of or decrypts the Website or server hosting the Website, or to obtain or derive any source code or to determine the algorithms of the Website or the Services,
- use the Services in any way that results in the commercial resale of Volt’s products, offerings, software, or the Services without the prior written consent of Volt,
- modify or tamper with any hardware provided for use of the Services or change any configuration parameter for the hardware,
- work around any technical limitations in the software, products, equipment, or the Services provided to you,
- publish, copy, or make known to third parties the functionality of software, products, or the Services, unless specifically authorized by Volt,
- infringe, misappropriate, or otherwise violate the intellectual property rights of any third party,
- modify, adapt, or create any derivative works of any software, products, or the Services of Volt or its third party suppliers and service providers,
- interfere with or impair the Services over any of the facilities and associated equipment of Volt and its third party suppliers and service providers,
- expose Volt to sanctions, prosecution or civil action,
- damage or disparage the reputation of Volt or the Services,
- engaging in the transmission of pirated software,
- conducting or participating in illegal gambling,
- soliciting for illegal pyramid schemes through email or USENET postings,
- making fraudulent offers of products, items, or services,
- creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, deceptive, threatening, abusive, harassing, or which damages the name or reputation of Volt,
- impair the privacy of any communication over the fiber optic facilities and associated equipment of Volt and its third party suppliers and service providers, and/or
- advocate, encourage, or assist any third party in doing any of the foregoing enumerated items.
- Some of the Services are made available through the use of third party suppliers and service providers (“Suppliers”). By using the Services, you agree to comply with all terms, conditions, and notices required by such Suppliers.
M. THE VOLT WEBSITE
- Ownership of Volt Broadband Content
- The Website is proprietary to Volt. Except as otherwise provided herein, all information, content, text, images, logos, designs, graphic art, photographs, presentation, layout, documentation, and other materials or data on the Website (collectively, the “Content”) are the subject of copyrights, trademarks, service marks, trade dress, or other intellectual property or proprietary rights held by or licensed to Volt including, but not limited to, the Volt Broadband name and logo.
- The Content may not be published, copied, distributed, transmitted, modified, exploited, or used in the creation of derivative works in any form or by or to any entity (other than Volt) for any purpose without the prior written consent of Volt; provided that visitors and users of the Website may download Content in connection with the ordinary business purposes of the Website for use by a single user using a standard Web browser, so long as such Content is not modified, altered, deleted, retransmitted, published, or otherwise changed.
- You are granted a limited, non-sublicensable license to access and use the Website, and all material therein, for personal, informational and consumer transactional purposes only. This limited license does not include the resale, commercial use, distribution, public display, or performance of the Website and/or the Services or any materials therein, nor does it permit reverse engineering of the Website, any website, or the Services for any purpose, or the use of any data mining, spiders, robots, or similar data gathering or extraction methods thereon.
- The Website also features registered and non-registered trademarks, service marks, copyright-protected content, and work product, some of which may belong to third parties. It may also contain various forms of trade dress. Many of these trademarks, service marks, and copyrights are federally registered. Volt makes fair use of copyrighted material and trademarks owned and used by third parties on the Website. Volt makes no claim to ownership of those copyrights or marks. Use of any trademarks, service marks, copyrights, and trade dress featured or contained in or linked via the Website without permission is strictly prohibited. You acknowledge that you have no right or license with respect to the work product, works, inventions, trademarks, service marks, copyrights, and other subject matter incorporated in, based on, or derived therefrom.
- User Content
- The Website and some of the Services allow you to upload, store, send, or receive content and data (“User Content”). User Content does not include Submissions (defined below). You retain ownership of any intellectual property rights that you hold in the User Content. When you upload, submit, store, send, or receive User Content to or through the Website or the Services including, without limitation, the use of any Volt Broadband-branded hashtag(s), you give Volt permission, without notice to you, to reproduce and use your User Content as follows: you grant to Volt and its Affiliates and Suppliers a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Website and the Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Website and the Services, and to develop new services. Volt’s license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning Volt does not owe you anything in connection with its use of your User Content. Volt may exercise its rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that Volt’s rights under this license continue even after you stop using the Website and the Services. You promise that (a) you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above, and (b) your User Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
- You acknowledge and agree that any use by Volt of User Content is in Volt’s sole discretion. Volt has no obligation to use User Content that you submit. Volt may refuse to accept or transmit User Content for any reason. Volt may remove User Content from the Website or the Services or any other service or location for any reason.
- Submission of any remarks, suggestions, material, information, ideas, or other communications (each a “Submission”) to the Website or through the Services, including those on a public-facing forum made available through the Services, will be maintained by Volt, and at Volt’s discretion shall be deemed to transfer to Volt all present and future ownership and intellectual property rights in such Submission. All Submissions by you are voluntary. Volt has no obligation to treat a Submission as confidential or to compensate you in any manner for the Submission. You agree that Volt has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a Submission. If any court determines that Volt does not retain exclusive ownership of any Submission, then Volt retains a royalty free, exclusive, perpetual, sublicensable right and license (through multiple tiers) to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the Submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
- Modification of the Website
Volt has strived to offer visitors current, accurate, and clearly expressed information about its products and services on the Website. However, inadvertent errors can occur. Please be aware changes are made periodically to the Website and may be made at any time without notice in Volt’s sole discretion. Modifications to the CSA will be posted on the Website and the “Last Updated” date at the bottom of this web page will be revised. You understand and agree that if you use the Website after the date on which any terms and conditions of the CSA have changed, Volt will treat your use as acceptance of the updated CSA terms and conditions.
- Prohibition on, and Remedies for, Unauthorized Use
- Any use of the Website contrary to the CSA or any applicable local, state, federal, or international law or regulation in effect at the time of such use, is unauthorized and prohibited. You may not use the Website if you do not agree to these terms and conditions. Volt reserves the right to seek all remedies available at law and in equity for violations of the provisions of this CSA, including the right to block access from a particular Internet address to the Website.
- No user or customer of Volt may assign any rights or obligations under this CSA or under any other terms, conditions, or policies with respect to the Website or the Services without the prior written consent of Volt. Volt may freely assign any and all rights, obligations, and any other aspect of these terms and conditions to any person or entity in its sole discretion.
- Links — Third Party Providers and Content
- Volt may provide third party content on the Website (including embedded content) and links to web pages and content of third parties (collectively, “Third Party Content”). Volt may also make the Website available to you through your use of services of third parties, such as Google, Facebook, and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services including, without limitation, use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or third party services. Volt does not control, endorse, or adopt any Third Party Content or third party services, including the advertisements or promotions of any third party. The inclusion of any link to and/or reference to Third Party Content or availability of Third Party services in connection with use of the Services does not imply Volt’s endorsement, affiliation, or adoption of the Third Party Content or services, and Volt makes no guarantee as to its accuracy, completeness, reliability, or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such Third Party Content or third party services (for example, if you use Google voice assist services, you agree to comply with its terms of service). You acknowledge and agree that Volt is not responsible or liable in any manner for any Losses caused by or related to Third Party Content or third party services.
- Service Use And Interruption
The unavailability of the Website, or the failure of any online transaction for the Services for any reason shall not relieve any you from or excuse the delay in the payment or performance of any obligation owed to Volt for or in connection with the Services that have been rendered or otherwise. Certain features of the Website may permit you to (i) report an outage, or (i) view an outage map. Volt makes these features available as a convenience to you and its other customers but does not warrant or guarantee the accuracy of outage maps accessed through the Website, nor does it guarantee any particular response with respect to outages reported through the Website.
N. PRIVACY — YOUR ACCOUNT
- In order to access some features of the Website and the Services, you will have to create an account. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your account information including, without limitation, your username, password, and payment method information. You should not use the same username and password for your account as you use for other accounts. You are responsible for all activities that occur under your account, and you agree to notify Volt immediately of any unauthorized access or use of your account. Volt is not responsible or liable for any Losses related to any unauthorized access or use of your account.
O. THEFT OF SERVICE
The receipt of the Services without authorization is a crime. You acknowledge and agree that the law prohibits willful damage, alteration, or destruction of equipment. You may be subject to both civil and criminal penalties for such conduct. You shall not move equipment to another location or use it at an address other than the address at which the Services are provide without prior authorization from Volt.
P. INTERNET ACCESS SPEEDS
The internet access speeds quoted are the maximum rates by which downstream internet access data may be transferred between Volt facilities and the network interface device at your premises. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which you receive and send internet access data through the public internet, as such speeds are impacted by many factors beyond control of Volt. Actual internet speeds vary due to many factors including the capacity or performance of your computer and its configuration, wiring and any wireless configuration, destination and traffic on the internet, internal network or other factors at the internet site with which you are communicating, congestion on the network, and the general speed of the public internet. The actual speed may affect your on-line experience, including your ability to view streaming video and speed of downloads. Except as otherwise provided by law, Volt reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all internet service customers.
Q. LIMITATION OF LIABILITY
- YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOLT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY UNDER LOUISIANA CIVIL CODE ARTICLE 2520, ET SEQ.
- IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOLT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE OR THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT VOLT AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF VOLT’S SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA, (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE SERVICES, (e) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, PHISHING, SPIDERING, SCRAPING, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (f) ANY LOSSES RESULTING FROM THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE OR THE SERVICES.
- YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL LOSSES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOLT OR THROUGH THE WEBSITE OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- WITHOUT WAIVING THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, THE LIABILITY OF VOLT AND ITS AFFILIATES FOR ANY LOSSES ARISING OUT OF THE WEBSITE OR THE SERVICES, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE TOTAL CHARGES PAID BY YOU IN THE SIX (6) MONTH PERIOD PRECEDING THE TIME OF THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT THE PRICES FOR THE SERVICES ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY.
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOLT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY (a) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES AND LOSSES, (b) FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS CSA, OR (c) THE USE OF THE WEBSITE OR THE SERVICES, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT VOLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
- YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS THAT ARE SEPARATELY OWNED AND NOT SUBJECT TO VOLT’S CONTROL. YOU AGREE THAT VOLT SHALL NOT BE LIABLE FOR LOSSES INCURRED OR SUMS PAID WHEN THE SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR CESSATION OF, INTERNET SERVICES BY NETWORKS OR INTERNET SERVICE PROVIDERS NOT SUBJECT TO VOLT’S CONTROL, OR FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED ON SUCH NETWORKS OR INTERNET SERVICE PROVIDERS. VOLT SHALL HAVE NO LIABILITY HEREUNDER FOR LOSSES INCURRED OR SUMS PAID DUE TO ANY FAULT OF YOU OR ANY THIRD PARTY, OR BY ANY HARMFUL COMPONENTS SUCH AS COMPUTER VIRUSES, WORMS, COMPUTER SABOTAGE, AND ‘DENIAL OF SERVICE’ ATTACKS.
- YOU ACKNOWLEDGE AND AGREE THAT VOLT IS NOT LIABLE FOR ANY BREACH OF SECURITY ON YOUR NETWORK, REGARDLESS OF WHETHER ANY REMEDY PROVIDED IN THIS CSA FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT YOU WILL HOLD VOLT HARMLESS FROM (a) THIRD PARTY CLAIMS AGAINST YOU FOR LOSSES, (b) LOSS OF OR DAMAGE TO YOUR RECORDS OR DATA OR THOSE OF ANY THIRD PARTY, OR (c) LOSS OR DAMAGE TO YOU WHEN SUCH LOSS OR DAMAGE IS ASSOCIATED WITH THE INOPERABILITY OF YOUR EQUIPMENT OR APPLICATIONS WITH ANY COMPONENT OF THE SERVICES OR THE VOLT BROADBAND NETWORK. YOU AGREE TO MAKE ALL CLAIMS RELATED TO THE SERVICES DIRECTLY AGAINST VOLT AND WAIVE ANY RIGHT TO RECOVER DAMAGES (DIRECTLY OR BY INDEMNITY) RELATED TO THE SERVICES BY CLAIMING AGAINST OR THROUGH A THIRD PARTY.
- YOU ACKNOWLEDGE AND AGREE THAT NEITHER VOLT NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING (INCLUDING RESTRICTING, SUSPENDING, OR DISCONTINUING THE SERVICES) OR SUPPORTING THE SERVICES SHALL BE LIABLE TO YOU, YOUR REPRESENTATIVE(S), OR ANY THIRD PARTY FOR LOSSES ARISING OUT OF THE WEBSITE OR THE SERVICES OR INABILITY TO USE THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, WHETHER UNDER THEORY OF CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
- NO ACTION OR PROCEEDING AGAINST VOLT MAY BE COMMENCED BY YOU MORE THAN ONE (1) YEAR AFTER THE LAST DAY ON WHICH THE SERVICE WHICH IS THE BASIS FOR THE ACTION OR PROCEEDING IS RENDERED, AND YOU ACKNOWLEDGE AND AGRE THAT THIS LIMITATION CONSTITUTES AN EXPRESS WAIVER OF ANY RIGHTS UNDER ANY APPLICABLE PRESCRIPTIVE PERIOD OR STATUTE OF LIMITATIONS WHICH WOULD OTHERWISE AFFORD ADDITIONAL TIME FOR SUCH A CLAIM.
- SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AND/OR DAMAGES AND LOSSES. IN SUCH STATES, VOLT’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH STATE.
- You shall indemnify, defend, and hold harmless Volt and its Affiliates, Suppliers, vendors, and subcontractors from and against all claims, suits, actions, and proceedings by third parties, and for payment of any Losses, to the extent such claims, suits, actions, proceedings and/or Losses arise:
from your violation of this CSA or any applicable law or regulation,
- from any and all claims by any of your customers or other third party end users in connection with the Website or the Services (including, without limitation, any claims regarding content transmitted using the Services or violation of data protection legislation), regardless of the form of action, whether in contract, tort, warranty, or strict liability,
- from claims of copyright infringement and all manner of intellectual property claims, defamation claims, claims of publication of obscene, indecent, offensive, racist, unreasonably violent, threatening, intimidating or harassing material, and claims of infringement of data protection legislation, to the extent such claims are based upon (i) the content of any information transmitted by you or by any of your customers or authorized end users, (ii) the use and/or publication of any and all communications or information transmitted by you or by any of your customers or authorized end users, and/or (iii) the use of the Website or the Services by you in any manner inconsistent with the terms of this CSA or applicable law or regulations,
- from any and all third party claims for Losses of any nature arising directly or indirectly out of your actions or omissions during performance of this CSA including, without limitation, claims for personal injury or wrongful death to you or users of the equipment, products, or services provided by Volt or used in conjunction with such equipment, products, or services provided by Volt, and/or arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of equipment or service, or arising by operation of law,
- from any content or software displayed, distributed, or otherwise disseminated by you, your employees or third party end users of the Website and/or the Services,
- from claims that your content or registration and maintenance of your selected domain name(s) infringes on the patent, copyright, trademark, or other intellectual property right of any third party, and/or
- from any violation of laws, regulations, or this CSA by you, your employees, or your third party end users using the Website and/or the Services,
- You shall permit Volt to participate in the defense of any action, at Volt’s sole discretion, and shall receive the cooperation of Volt in the defense thereof. Volt has the option, at its sole discretion, to solely control the defense of such action. Such exercise of discretion will not terminate your ongoing obligation to pay the costs of the defense of such action. Regardless of the nature of the defense, you shall not settle any matter by requiring that Volt take or refrain from taking any action unless you have Volt’s express written permission to do so. You further agree that Volt’s express written permission is required to enter into and/or pay any settlement. Any claims or causes of action related to Volt must be instituted within one (1) year after the claim or cause of action has arisen.
S. EMERGENCY SERVICES 911 DIALING LIMITATIONS ACKNOWLEDGEMENT
You hereby agree to the following:
- You will have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address may be sent to the local emergency center assigned to your location. Emergency operators may have access to the information they need to send help and call you back if necessary. We do not have control over emergency operators, nor can we guarantee that a 911 call will be routed to the correct operator. Customers in locations where the emergency center is not equipped to receive their telephone number and address may have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped, or disconnected, or if you are unable to speak. You authorize us to disclose your name and address to third parties involved with providing 911 Dialing to you including, without limitation, call routers, call centers, and local emergency centers.
- You agree to assume the obligation to inform any employees. Guests, and other third persons who may be present at the physical location where you utilize the Services and/or products we provide under this CSA of the important differences in and limitations of your phone service as compared with basic 911 or E911. The documentation that accompanies each telephone device will include a sticker concerning the potential non-availability of basic 911 or E911 (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each device, to place the 911 Sticker as near as possible to each phone that you use with the service. If you did not receive a 911 Sticker with your telephone device, or you require additional 911 Stickers for phone devices we do not provide, please contact our customer care department at 1-888-538-3960 for additional 911 Stickers which we will provide for no additional cost.
- Location of Service. This service is provided at a specific permanent address and not available as a nomadic offering. Before you move the telephone device(s) to another location, you must notify us to determine if service can be provided at your new permanent address. Service will only be provided at locations where E911 or basic 911 connectivity are available.
- Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with our service, UNLESS AND UNTIL YOU RECEIVE AN EMAIL FROM US CONFIRMING THAT THE 911 DIALING FEATURE HAS BEEN ACTIVATED FOR THAT PHONE LINE.
- In the event of a power failure, network backup power systems are in place. The device providing service also provides limited battery backup. Excessive use during a power outage will result in shortened life of the internal battery. The device will provide indication of low battery voltage. You should notify us for instructions or replacement. Failure of network power backup systems or the telephone device’s internal backup system during a power failure or disruption will prevent all service, including 911 dialing from functioning.
- Service outages, suspensions, or disconnections of your broadband service will prevent all service, including 911 Dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ELSEWHERE IN THIS CSA.
- Service outages due to disconnection of your account will prevent all service, including 911 Dialing, from functioning.
- Other third party transport providers may intentionally or inadvertently block the ports over which the service is provided or otherwise impede the usage of the service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is resolved, your service, including the 911 Dialing feature, may not function. You acknowledge that we are not responsible for the blocking of ports or any other impediment to your usage of the service, and any loss of service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the service, you will continue to be responsible for payment of the service charges unless and until you disconnect the service in accordance with this Agreement.
- There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 dialing call made utilizing the service as compared to traditional 911 dialing over traditional public telephone networks. Volt and its Suppliers and Momentum Telecom, Inc. do not have any control over whether, or the manner in which, calls using 911 dialing service are answered or addressed by any local or national emergency response center. Volt and its Suppliers and Momentum Telecom, Inc. disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. Volt and its Suppliers and Momentum Telecom, Inc. rely on third parties to assist in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. Volt and its Suppliers and Momentum Telecom, Inc. disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. NEITHER VOLT, ITS SUPPLIERS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, OR MOMENTUM TELECOM, INC. MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO 911 DIALING SERVICE. You shall defend, indemnify, and hold harmless Volt and its Suppliers, officers, directors, employees, affiliates and agents, Momentum Telecom, Inc., and any other service provider who furnishes services to you from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure, or outage of the service, including 911 Dialing, incorrectly routed E911 Dialing calls, and/or the inability of any user of the service to be able to use 911 Dialing or access emergency service personnel.
- If you are not comfortable with the limitations of the 911 dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the service.
T. COPYRIGHT INFRINGEMENT CLAIMS
Volt is registered under the Digital Millennium Copyright Act of 1998. In accordance with Title 17, United States Code, Section 512(C)(3), if you believe that a Web page hosted by Volt is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Volt’s designated agent. Please see the Volt Broadband Copyright Infringement Policy for information on how to do so.
U. CUSTOMER PROPRIETARY NETWORK INFORMATION (“CPNI”)
- Under federal law, you have the right, and Volt has a duty, to protect the confidentiality of information about the amount, type, and destination of your Voice Services usage (“CPNI”). You hereby consent to the sharing of your CPNI or other personal information with Volt and its affiliates, agents and contractors, solely for the purpose of (1) providing the services requested by you herein, (2) developing or bringing to your attention any products and services offered by Volt and its affiliates, or (3) in the event of any merger, sale of some or all of Volt’s assets, as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of Volt. This consent survives the termination of this Customer Service Agreement and is valid until revoked by you. To remove this consent at any time, you must notify Volt by email at [email protected]. You must indicate they are revoking CPNI consent and provide the following information: (1) you name, (2) your service billing address, (3) your telephone number including area code, and (4) your service account number. Removing consent may affect the Services currently provided to you.
V. ADDITIONAL PROVISIONS
- Ownership of Network. The Volt Broadband Network is owned by Volt, or its Suppliers, providers, and licensors, and is protected by copyright and other intellectual property laws. You agree that title to and ownership of the Website and the Services, in any form, shall at all times and in any event be held exclusively by Volt. You shall be entitled to only such rights with respect to the Website and the Services as are specifically granted herein.
- Notices. Notices by you to Volt, if required, must be sent to Volt by email to [email protected]. Notices by Volt to you, if any, will be sent to the email address you provided on the Volt Broadband Order Form; provided that, termination notices to Volt must be sent in accordance with Section I(4) of this CSA. In the event of an emergency, Volt may only be able to provide verbal notice first; such verbal notice will be followed by written notice. You are responsible for accuracy of its information on the Volt Broadband Order Form, including points of contact.
- Surviving Provisions. Without limiting any other obligation which expressly survives the expiration or prior termination of the CSA, the expiration or prior termination of the CSA shall relieve both Parties of any further obligations hereunder, except with respect to the following Sections which shall survive any expiration or termination of this CSA: Sections D, E, F(1)-(4), F(7)-(9), F(14) G, H, I(5)-(7), J, K, L, M(1)(a)-(d), M(2)(a)-(d), M(4)-(6), N, O, P, Q, R, S, U, V (1), and V(5)-(9).
- Severability. If any term or provision of this CSA is held to be illegal or unenforceable, the validity or enforceability of the remainder of the CSA will not be affected and shall remain in full force and effect to the extent permitted by law.
- Injunctive Relief. You agree that any violation, or threatened violation, by you of any term or condition of this CSA will cause Volt irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Volt obtaining any injunctive or equitable relief that it deems necessary or appropriate without the necessity of posting a bond or other security therefor and without the necessity of providing you notice in advance of obtaining temporary injunctive relief. These remedies are in addition to any other remedies Volt may have at law, in equity, or by virtue of this CSA.
- Governing Law. This CSA is governed by, and will be construed in accordance with, the laws of the state of Louisiana without giving effect to its conflicts of law rules.
- Force Majeure. Notwithstanding anything to the contrary in this CSA, and without limiting or restricting in any way the Limitation of Liability set forth in Section Q above, Volt will not be liable to you for failure to perform under this CSA to the extent that such failure to perform results from causes beyond Volt’s reasonable control including, without limitation, power and/or telecommunication interruptions, strikes, lockouts, or other industrial disturbances, civil disturbances, fires, acts of God, hurricanes, tornadoes, riots, acts of a public enemy, epidemics, pandemics, compliance with any regulations, order, or requirement of any governmental body or agency, including quarantine or lockdown orders related to any pandemic or epidemic, or inability to obtain transportation or necessary materials in the open market.
- Choice of Forum; Personal Jurisdiction. You agree that any action of whatever nature arising from or relating to this CSA, the Website, or the Services will be filed only in the Louisiana State District Court located in Richland Parish, Louisiana, or in the United States District Court for the Western District of Louisiana located in Monroe, Louisiana. You expressly consent and submit to the personal jurisdiction and venue of such courts for the purposes of any such action.
- No Waiver. The failure by Volt to enforce, or delay in enforcing, any right or provision of this CSA will not prevent Volt from enforcing such right or provision in the future, nor shall it constitute a waiver or release of any other provision of this CSA.
- Change of Law or Circumstance. In the event that there is a change of law, regulation, or other contractual arrangement or business circumstance affecting the Website or the Services, Volt shall provide thirty (30) days written notice of such change.
- Authority To Bind Business Client. If you are a business entity rather than an individual, all references in this document to you shall be deemed to refer to the business entity rather than the individual executing this document on behalf of such business entity, and such individual represents and warrants to Volt that he or she is duly authorized to execute this document on behalf of such entity.
- Entire Agreement. This CSA and such other written agreements, documents and instruments as may be executed in connection herewith, are the final, entire, and complete agreement between you and Volt and supersede all prior and contemporaneous negotiations and oral representations and agreements, all of which are merged and integrated into this CSA. Amendments to the CSA shall be in writing and signed by both you and Volt.