Frontier Residential High-Speed Internet Terms and Conditions

About These Terms and Conditions
THIS NOTICE DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH FRONTIER WILL PROVIDE ITS CUSTOMERS WITH HIGH SPEED INTERNET SERVICE ("High Speed Internet Service" or "Service") AND REQUIRES THAT ANY DISPUTE BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN LAWSUITS, JURY TRIALS, OR CLASS ACTIONS, AS EXPLAINED MORE FULLY BELOW. BY USING FRONTIER HIGH SPEED INTERNET SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU SIGNED AN AGREEMENT WITH A PHYSICAL OR ELECTRONIC SIGNATURE, THAT AGREEMENT SUPERSEDES ANYTHING INCONSISTENT IN THESE TERMS AND CONDITIONS.

Bundled Or Discounted Term Arrangements For High Speed Internet
Frontier provides discounted term arrangements for Frontier High Speed Internet Service to its customers that commit to a term contract arrangement. If you are a bundled or discounted term customer, you must continue to purchase the Services for a minimum term agreed upon to receive the discounted rates. If you do not fulfill the minimum term commitment or any renewal thereof, you will be liable for and agree to pay a termination charge that you agreed upon when you ordered service from Frontier. We may consider a change in your Service address or the location at which any Service is provided as a termination of Service.

High Speed Internet Service Charges
The applicable charges for the High Speed Internet Service are identified at the time Service is ordered. Unless otherwise prohibited by law or the rates for Service are guaranteed by a contract with Frontier, Frontier may, in its sole discretion, change or modify the rates you are charged for High Speed Internet Service at any time. We may notify you of any such changes by posting notice of such changes on this website or sending notice via e-mail or postal mail or on your bill. If you continue to use the Service after notice of such change you accept any such modification. If you do not agree to any modification made by Frontier, you must stop using the Service and notify Frontier.

Payments
Frontier will bill you monthly for all charges associated with the Service. Payment in full is due no later than the due date indicated on your bill. You are responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in connection with these Services. If you have authorized payment for services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason. We may accept late payments, partial payments or any payments marked as being "payment in full" or as being settlement of any dispute without losing any of our rights under this agreement. You agree to pay costs and fees we incur to collect any unpaid balance from you including attorney's fees. A reasonable handling charge, not less than $10.00, will be assessed for all checks returned for insufficient funds, closed account or any other insufficiency or discrepancy. Interest at the rate of 1.5% per month (unless a lower rate is prescribed by law, in which event at the highest rate allowed by law) may be applied in accordance with Frontier's standard credit policy to any unpaid amount commencing 20 days after the statement date. This late payment fee will be in addition to and not in lieu of any other remedies we may have hereunder or under the law. If we do not receive notice of a payment dispute within 90 days after your receipt of a bill, the bill will not be subject to further challenge.

High-Speed Internet Access Service
Customers may not resell High Speed Internet Access Service ("Service") without a legal and written agency agreement with Frontier. Customers may not retransmit the Service or make the Service available to anyone outside the premises (i.e., wi-fi or other methods of networking). Customers may not use the Service to host any type of commercial server.

Customers must comply with all Frontier network, bandwidth, data storage and usage limitations. Customers must ensure that their use of the Service, including the amount of data sent or received in the course of a month or shorter periods, does not exceed the limitations that are now in effect or may be established in the future. Continued use of the Service will constitute acceptance of any new limits. If Customer's use of the Service exceeds the applicable limitations, that is a violation of these Terms and Conditions. In such cases, Frontier may, in its sole discretion, terminate or suspend Customer's Service account or request that Customer subscribe to a version of the Service with higher usage limitations if Customer wishes to continue to use the Service at higher usage levels.

Service is Subject to Availability and Compatible Equipment
Frontier High-Speed Internet service is subject to availability and technical line qualification. Installation options vary and charges may apply. In order to utilize Frontier High-Speed Internet service, you must have a computer with a minimum of the following Internet-compatible equipment and software:

  • A Frontier telephone line
  • A telephone line that is qualified for Frontier High-Speed Internet service (this is done through the Customer Service office)
  • A computer with one of the following combinations:
    • Windows 2000
      • Service Pack 4 + Update Rollup 1
    • Windows XP
      • 32 or 64-bit, Home, Pro, or Media Center Edition
      • 256 MB RAM
      • 300 Mhz Pentium compatible CPU
    • Windows Vista
      • 32 or 64-bit, Home Basic, Home Premium, Business, or Ultimate
      • 512 MB RAM
      • 800 Mhz Pentium compatible CPU
    • Windows 7
      • 32 or 64-bit, Home Premium, Professional, or Ultimate
      • 1GB RAM
      • 1 Ghz Pentium compatible CPU
    • Macintosh OS X or higher
  • Browser software such as Microsoft Internet Explorer 6.0 or higher, Mozilla Firefox, Safari for Macintosh, or Google Chrome
  • 300 MB free hard disk space
  • A working Ethernet card
  • A working CD-ROM drive
  • An account with an ISP that supports Frontier High-Speed Internet service. Frontier in most cases provides this account to you.

Equipment and Security
All equipment provided by us or installed by or on our behalf remains the property of Frontier. You must return all equipment in the same condition as when provided, normal wear and use excepted, upon termination of Service. Failure to do so will result in a charge to be determined with reference to Frontier's then current schedule of equipment charge. You agree to pay such charge whether such equipment is lost (through theft or otherwise) or destroyed.

You are responsible for the security of your computer, hardware, software applications, data and files. Frontier shall have no liability for any damage or loss to your computer, hardware, software applications, data and files. We make no representation or warranty that any software or content installed on your computer(s) or downloaded with the Service does not contain a virus or other harmful feature and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware of yours from damage to its software, files or data as a result of any such virus or other harmful feature.

Limitation Of Liability
We will not be liable for interruptions in Services caused by failure of your hardware or software, failure of communications services, power outages, or other interruptions not within the complete control of Frontier, including, but not limited to: acts of God; acts of the public enemy; acts of the United States, a state or other political subdivision; fire, floods or other natural disasters; accidents; wars; labor disputes or shortages; and inability to obtain material, power, equipment or transportation.

OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY'S FEES.

No Warranties
We make no representation or warranty regarding the actual speed of High Speed Internet or other Services provided by Frontier. Actual speed may vary and depend on several factors, including Customer location, equipment, and traffic on the Internet. Speed comparisons to dialup based on average download speeds of 28 Kbps and 56 Kbps modems.

WE MAKE NO WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Indemnification Of Frontier
You agree that Frontier will not be liable or responsible for any third-party claims or damages that arise from your use or another person's use of the Services or Internet access, further, you agree to reimburse us for all costs and expenses related to the defense of any such claims, including attorney's fees. This provision will continue to apply after the Agreement ends.

Termination
We may discontinue or terminate Service:

  1. If you do not honor any provision of this Agreement (including payment obligations to Frontier for these or any other services).
  2. If you use the Service in a manner that adversely affects service to other customers or harasses our customers or employees.
  3. If you or others use the Service to engage in fraud or unlawful conduct or are suspected of doing so.
  4. Any regulatory agency, legislative body or court restricts or otherwise prevents Frontier from furnishing Service. If we do not remedy any ongoing breach of the terms and conditions in this Agreement within thirty (30) days after Frontier's receipt of written notice from you of such breach, you may terminate the Service, which is your exclusive remedy for a breach by Frontier.

Internet Acceptable Use Policy
You agree not to use or to allow others to use the Service, for illegal or inappropriate activities, including but not limited to invading another person's privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. You agree to comply with Frontier's Acceptable Use Policy ("AUP"), which Frontier may modify at any time. The current AUP is available for review at the following address, subject to change:

www.Frontier.com/policies/residential_aup

No Waiver
No waiver of any breach of this Agreement will be deemed a waiver of any future breach.

Severability
Except where this Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.

Governing Law
This agreement will be governed by the laws of the State where the Service is provided, without regard to its choice of law rules.

Dispute Resolution By Binding Arbitration

Frontier encourages You to contact our Customer Service department if You have concerns or complaints about your service or Frontier. Generally, customer complaints can be satisfactorily resolved in this way. If You are not able to resolve your concerns through our Customer Service department, You agree to resolve all disputes through binding arbitration or a small claims court rather than lawsuits, jury trials, or class actions. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and individual relief affecting individual parties that a court can award, including an award of attorneys fees if the law allows.

You and Frontier agree to arbitrate all disputes and claims between us including, but not limited to, all claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Agreement, or that may arise after termination of this Agreement. Notwithstanding the foregoing agreement, Frontier agrees that it will not use arbitration to initiate debt collection against You except in response to claims You have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, You and Frontier agree to each unconditionally waive the right to a trial by jury or to participate in a class action, representative proceeding, or private attorney general action.

Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court's authority. In addition, you may bring any issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. The Federal Arbitration Act governs the interpretation and enforcement of this provision, even after the agreement is terminated. In person arbitrations will take place at a location that the AAA selects in the state of your primary residence unless You and Frontier agree otherwise. In addition, the arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA. Procedure, rule and fee information is available from the AAA online at adr.org, by calling the AAA at 1-800-778-7879, or by calling Frontier at 1-877-462-7320, option 3. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. If your claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Frontier agrees to pay your AAA filing, administration, and arbitrator fees for claims for damages of up to $10,000 and for claims for non-monetary relief up to the value of $10,000, as measured from either your or Frontier's perspective. In addition, Frontier will not pay your share of the AAA fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

If Frontier offers to settle your dispute prior to appointment of the arbitrator and You do not accept the offer, and the arbitrator awards You an amount of money that is more than Frontier's offer but less than $5000, then Frontier agrees to pay You double the arbitrator's award up to, but not more than, $5000. If Frontier does not offer to settle your dispute prior to appointment of the arbitrator, and the arbitrator awards You an amount of money, then Frontier agrees to pay You double the arbitrator's award up to, but not more than, $5000. Although Frontier may have a right to an award of attorneys' fees and expenses if it prevails, Frontier agrees that it will not seek such an award.

You and Frontier agree to seek only such relief—whether in the form of damages, an injunction, or other non-monetary relief—as is necessary to resolve any individual injury that either You or Frontier have suffered or may suffer. In particular, if either You or Frontier seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than You or Frontier. You and Frontier agree that we each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. This requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member is nonseverable. If this requirement is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Further, an arbitrator's award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.

Notwithstanding any provision in this Terms and Conditions to the contrary, we agree that if Frontier makes any change to this arbitration provision, You may reject that change and require Frontier to adhere to the language in this provision. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.

No Third Party Rights
This agreement shall not provide any third party with a remedy, claim or right of reimbursement.

Assignment
We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.

Our Right To Make Changes
UNLESS OTHERWISE PROHIBITED BY LAW, WE MAY CHANGE PRICES, TERMS AND CONDITIONS AT ANY TIME BY GIVING YOU 30 DAYS NOTICE BY BILL MESSAGE, E-MAIL OR OTHER NOTICE, INCLUDING POSTING NOTICE OF SUCH CHANGES ON THIS WEB SITE, UNLESS THE PRICES, TERMS AND CONDITIONS ARE GUARANTEED BY CONTRACT. YOU ACCEPT THE CHANGES IF YOU USE THE SERVICES AFTER NOTICE IS PROVIDED.

Entire Agreement
These terms and conditions together with the service order and any specific agreement regarding a term commitment and price agreed upon by you and Frontier are the entire agreement between you and Frontier, which may only be amended as described above. These terms and conditions supersede any inconsistent or additional promises made to you by any of our employees or agents. If you have signed (including electronically) an agreement with Frontier including High-Speed Internet terms and conditions, in the event of a conflict between that agreement and this document, the signed agreement shall control.

Last update: December 21, 2011