• • Residential
    • Cable
      • Cable Services
      • Channel Lineups
      • Pricing and Packaging
      • FAQs
      • HDTV
      • VOD
      • 2009 Digital TV Transition
    • Internet
      • Internet Services
      • Pricing and Packaging
      • FAQs
      • WOW! Customer Home Page
    • Phone
      • Phone Services
      • Pricing and Packaging
      • FAQs
      • International Calling Rates
      • Battery Replacement
    • Pricing and Packaging
  • WOW! Business Solutions
• • FAQs
    • Cable
    • Internet
    • Phone
  • Troubleshoot Common Problems
    • Cable
    • Internet
    • Phone
  • Billing and Payment
    • Pay Your Bill
    • Payment Locations
    • How to Read Your Bill
  • Channel Information
    • Channel Lineups
    • Request a Channel
    • Changes and Updates
  • Reference Guides
  • Email Maintenance
  • Software Downloads
  • International Calling Rates
  • Call Detail Records
  • Battery Replacement
  • Contact Us
• • The WOW! Story
    • Company Info
    • Management Team
  • News & Press Releases
  • Work At WOW!
    • Core Values & Benefits
    • Careers with WOW!
  • Customer Testimonials
  • Contact Us

[Website Terms] [Internet Terms] [Cable Terms] [Phone Terms] [Email Terms]
[Policy and Procedure for Making Claims of Copyright Infringement] [Privacy Policy]
[Internet Privacy] [Indiana Phone Service Tariff] [Website Privacy Policy]

Terms and Conditions of Subscription to WOW! Phone

PLEASE CAREFULLY READ THE FOLLOWING STATEMENT OF TERMS AND CONDITIONS. THESE TERMS IDENTIFY THE CONTRACTUAL RIGHTS AND OBLIGATIONS OF THE PARTIES WITH REGARD TO THE TELEPHONE SERVICE DELIVERED BY WOW! INTERNET, CABLE AND PHONE TO ITS CUSTOMERS. THIS AGREEMENT DOES NOT COVER WOW! INTERNET OR VIDEO SERVICES, AND DOES NOT APPLY TO THE CIRCUIT SWITCHED PHONE SERVICES PROVIDED BY SIGECOM, LLC (WHICH OPERATES IN THE EVANSVILLE, INDIANA AREA). THE SIGECOM, LLC CIRCUIT SWITCHED PHONE SERVICES ARE PROVIDED AND SUBJECT TO THE TERMS AND CONDITIONS OF THE TARIFF AND/OR PRICE LIST FOR THE STATE OR FEDERAL JURISDICTION IN WHICH THE SERVICE IS PROVIDED. IN THE AGREEMENT BELOW, WE REFER TO THE OPERATING COMPANY SUBSIDIARY OF WOW! INTERNET, CABLE AND PHONE THAT OWNS AND/OR OPERATES THE CABLE TELEVISION SYSTEM IN YOUR AREA PURSUANT TO A CABLE TELEVISION FRANCHISE WITH THE STATE OR LOCAL FRANCHISING AUTHORITY AS “WOW!”, “WE”, “OUR” OR “US” AND YOU AS “YOU”, “YOUR” OR "CUSTOMER." YOU AGREE TO USE THE SERVICE IN COMPLIANCE WITH THESE TERMS (AS THEY MAY BE AMENDED OR RESTATED FROM TIME TO TIME) AND ANY OTHER RULES, POLICIES, PROCEDURES AND/OR REGULATIONS ADOPTED BY WOW! AND PROVIDED TO YOU. BUSINESS CUSTOMERS ARE SUBJECT TO THE FURTHER TERMS CONTAINED IN THE BUSINESS CUSTOMER AGREEMENT AND THE BUSINESS CUSTOMER AGREEMENT GENERAL TERMS AND CONDITIONS (THE “BUSINESS TERMS”), WHICH BUSINESS TERMS CONTROL IN THE EVENT OF A CONFLICT WITH THESE TERMS.

1. Subscription to Service: WOW! offers its telephone services as they may exist from time to time and as more particularly described in this Agreement (the “Service”), to users who establish an authorized account (“Account”) and pay a monthly service fee to subscribe to the Service at rates and fees more particularly described in a separate price list or order form, which has been provided to Customer and is available for review at WOW!’s website, http://www.wowway.com/. Customer, by signing or submitting electronically the installation, authorization, sales or work order form (“Order Form”) or by using or paying for the Service, subscribes to the Service commencing upon the installation of Service, and agrees to comply with these Terms and Conditions (along with any amendments to such Terms and Conditions), including those related to 911/E911 service.  If you do not agree to these terms and conditions, including any future revisions, you may not use the Service and if you are a current Customer, you must immediately notify WOW! and terminate your use of the Service. If you are a business services customer, the terms of your Business Customer Agreement and our General Terms and Conditions applicable to business customer services (the “Business Terms”) apply and will control in the event of a conflict with any other provision of these Terms.

By subscribing to the Service, Customer chooses WOW! to provide telephone service with the calling services and phone features selected by Customer, which may include long distance telephone service, local toll service, and international long distance service for the telephone number and billing address identified on the applicable Order Form. Customer authorizes WOW! to serve as the authorized agent to effectuate the change of Customer’s local telephone service, long distance telephone service, local toll service, and international long distance service, consistent with the calling plan selected by Customer. Call type and phone feature inclusions depend on: (i) the capabilities of the interconnecting providers in your local service area; and (ii) the calling plan, package level and phone features that you subscribe to or otherwise elect to include as part of your service:

a) Unlimited local, local toll and, with certain calling plans, long distance (certain calling plans include long distance services charged on a per minute basis) calling, within each of the 50 United States as well as Canada, Guam, Puerto Rico and the U.S. Virgin Islands, including 800 service, access to 911, 711 access to TRS, Call Waiting, Call Waiting ID, Caller ID with Name, Call Return (*69), Three Way Calling, Call Forward, Anonymous Call Rejection, Repeat Dial, Selective Call Rejection, Selective Call Forward, Call Forward Busy/No Answer, Voicemail, unlimited inbound calling, directory listing, unlisted and/or non-published telephone number, 900/976 block, collect call block, and 3rd party billing block. Certain available phone features are provided by default and can be disabled at your request at the time you subscribe.

b)  You understand and acknowledge that WOW! Phone: (i) does not support rotary-dial telephones, DSL on the same line or any features, calling functions or call types not specifically listed in Section 3.a above; and (ii) may not support or be compatible with certain medical monitoring devices or home security systems.  In order to maintain any necessary alarm or medical equipment monitoring functions, Customer may be required to maintain a telephone connection through a local exchange carrier. In the event that WOW! installs and configures WOW! Phone to operate with Customer's medical monitoring equipment or home security system, Customer expressly acknowledges that: (x) Customer must, directly or with the assistance of the provider of its medical monitoring equipment or alarm monitoring services, test the functioning and compatibility of the equipment and/or alarm monitoring services with WOW! Phone; and (y) the Service has certain limitations (see Section 4 below) that may affect the reliability and functionality of the medical monitoring equipment and home security systems.

Customer assumes all risk associated with the limitations of the Service. CUSTOMER HEREBY WAIVES ALL CLAIMS
AGAINST WOW! FOR INTERFERENCE, DISRUPTION OR INCOMPATIBILITY BETWEEN THE WOW! EQUIPMENT AND SERVICE AND ANY OTHER SERVICE, SYSTEMS AND EQUIPMENT, AND AGREES THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, WOW! SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED, DIRECTLY OR INDIRECTLY, AS A RESULT OF THE DISRUPTION, FAILURE OR IMPROPER FUNCTIONING OF ANOTHER SERVICE, SYSTEM OR EQUIPMENT (INCLUDING A MEDICAL MONITORING DEVICE OR SECURITY OR ALARM MONITORING SYSTEM) THAT OPERATES WITH USE OF THE WOW! SERVICE.

c) Up to two lines and telephone numbers can be supported with one EMTA.

d) WOW! Phone does not offer a wire maintenance plan. Customer is solely responsible for maintaining all inside wire and phones within the home. WOW! will troubleshoot and fix reported problems for a specified service charge. The service charge is based on the then current rate in effect.

e) WOW! may publish and distribute telephone directories in print, on the Internet and on CDs. Those telephone directories may include customer names, addresses and telephone numbers, without restriction as to their use. WOW! also makes customer information available at a charge through directory assistance operators. WOW! may also provide customer names, addresses and telephone numbers to unaffiliated directory publishers and directory assistance providers for their use in creating directories and offering directory assistance services. Name, address, and telephone information in telephone directories is not currently protected by copyrights and may be sorted, packaged, repackaged and made available again in different formats by anyone. WOW! takes reasonable precautions to ensure that non-published and non-listed numbers are not included in telephone directories or directory assistance services, although WOW! does not guarantee against errors. WOW!’s liability for any errors or omissions in any directory listings (including liability for failing to publish a listing or publishing an “unlisted” listing) is limited to the charges made for the listing itself. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WOW! FROM ANY AND ALL CLAIMS FOR DAMAGES (INCLUDING CLAIMS FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT), CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY,  FROM ERRORS OR OMISSIONS IN DIRECTORY LISTINGS.

f) Customers who subscribe to WOW! Phone with voicemail must set-up the voicemail box account within ninety (90) days of subscription. After 90 days, WOW! shall have the right to remove any unused voicemail boxes. Voicemail boxes that have been removed may be reinstated by calling WOW! at 1-866-4WOW-NOW.
WOW! shall have the right at any time to add to, modify, or delete any aspect, feature or requirement of WOW! Phone, including but not limited to equipment and system requirements. WOW! shall have the right to add to, modify, or delete any provision of this Agreement, any additional terms of use established by WOW!, the Customer Privacy Policy, and/or any price list(s) at any time. An online version of this Agreement, the WOW! Privacy and CPNI Policies, and any price list(s), as so changed from time to time, will be accessible at http://www.wowway.com/ or another online location as designated by WOW!. To the extent required by applicable law, WOW! will provide you with notice of the new or changed terms or prices by written, electronic or other means in our discretion (for example, we may notify you of such change by U.S. or overnight mail (e.g., in your billing statement), by hand delivery (e.g., delivery of our user guide at the time installation), by sending you an email or by posting the changed term or price on our website at http://www.wowway.com/). You agree that any one of the forgoing will constitute sufficient notice.  If you find the change unacceptable, you can immediately terminate your Service. Your continued use of the service, however, will be deemed to constitute your acceptance of such change.  Because we may from time to time use the methods described above to notify you about important information regarding the Services, this Agreement, and related matters, you agree to regularly check your postal mail, e-mail, and all postings on our website at www.wowway.com  (or at an alternative site as designated by WOW!).  You understand and acknowledge that you bear the risk of failing to do so.

4. Limitations of Service; Access to 911 Services: Customer acknowledges and understands that:

a) IN THE EVENT OF A POWER FAILURE, YOUR WOW! PHONE SERVICE, INCLUDING THE ABILITY TO ACCESS EMERGENCY 911 SERVICES, WILL NOT FUNCTION BEYOND THE DURATION OF THE BATTERY BACK-UP.

WOW HAS PROVIDED AN ADVANCED MODEM (“EMTA”) WHICH WHEN ORIGINALLY ISSUED TO YOU PROVIDES UP TO 4 HOURS OF BATTERY BACK-UP POWER. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE PERFORMANCE OF THE BATTERY BACKUP IS NOT GUARANTEED. THE BATTERY MAY NOT BE PROPERLY INSTALLED, MAY HAVE BEEN REMOVED, MAY FAIL, MAY PROVIDE POWER FOR ONLY A LIMITED TIME, OR MAY BE EXHAUSTED. IF THE BATTERY BACKUP DOES NOT PROVIDE POWER, THE SERVICES WILL NOT FUNCTION UNTIL NORMAL POWER IS RESTORED.

When the “Replace Battery” light is illuminated on your EMTA, the battery is not functioning and consequently your phone service will not function in the event of a power outage. When the “Battery Low” light is illuminated, the battery is functioning, but will provide less than four hours of power back-up in the event of a power outage. IT IS YOUR RESPONSIBILITY ALONE AND NOT WOW’S TO REGULARLY CHECK THE BATTERY INDICATOR LIGHTS LOCATED ON YOUR EMTA AND TO IMMEDIATELY REPLACE THE BATTERY IN THE EVENT THE EMTA INDICATES “REPLACE BATTERY” OR “BATTERY LOW.”

For instructions on obtaining and installing replacement batteries in your EMTA, please go to http://www.wowway.com/ or call 1-866-496-9669.

AS A CONDITION TO SUBSCRIBING TO WOW! PHONE, YOU AGREE TO ASSUME ALL RISK AND LIABILITY ASSOCIATED WITH MONITORING YOUR BATTERY AND OBTAINING AND INSTALLING A NEW BATTERY TO REPLACE AN INOPERABLE OR LOW FUNCTIONING BATTERY.

b) THE SERVICE, INCLUDING THE ABILITY TO ACCESS EMERGENCY 911 SERVICES, WILL NOT FUNCTION IF WOW!'S CABLE NETWORK OR FACILITIES ARE NOT OPERATING, OR YOU LOSE YOUR BROADBAND CONNECTION FOR ANY OTHER REASON.

c) The address associated with an E911 call is the authorized address where Service was originally provided. If the EMTA is moved, an E911 call will still identify the original service location. Movement of the advanced cable modem from the original service location is prohibited without WOW!’s prior written approval.

d) From time to time, WOW! will provide scheduled and unscheduled maintenance to customer premises equipment and the WOW! network, during which time the Service, including access to E911, will not function. No prior customer notification of unscheduled maintenance will be provided, while advance customer notification of scheduled maintenance will be provided solely by posting on our website at http://www.wowway.com/. WOW! will make a commercially reasonable effort to schedule maintenance of an expected duration of less than two hours after 12:00 a.m. and before 5:00 a.m. local switch time. Scheduled maintenance that requires a longer duration may be scheduled to begin at 9:00 p.m. local switch time.

e) For new customers, WOW! may assign a temporary phone number to your account until it can complete the porting of your telephone number. Until your telephone number is ported to WOW!, your existing local exchange carrier will be responsible for providing access to emergency services such as 911. YOU AGREE THAT WOW! ASSUMES NO RESPONSIBILITY AND HAS NO LIABILITY FOR THE ACCURACY OF THE LOCAL EXCHANGE CARRIER RECORDS OR ITS ABILITY TO PROVIDE ACCESS TO 911 SERVICES.

f) CUSTOMER AGREES THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, WOW! SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED, DIRECTLY OR INDIRECTLY, BY CUSTOMER’S INABILITY TO ACCESS THE SERVICES, INCLUDING E911 SERVICES. Customer agrees to defend, indemnify, and hold harmless WOW!, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Account relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel, and the operation of any medical monitoring device, or home security or alarm monitoring system.

5. Payment of Charges; Billing Disputes:

a) Customer agrees to timely pay all charges, taxes and fees for the Service. Recurring monthly Service charges will be billed monthly in advance. Charges based upon actual use of the Service (including but not limited to charges for international calls, directory assistance, and/or operator assisted calls) will be billed in the next practicable monthly billing cycle following such use, or as otherwise specified in the price list that is posted to the WOW! website, http://www.wowway.com/. WOW! reserves the right in its sole discretion to determine how to apply partial payments or payments received from Customers that subscribe to multiple or bundled services. If we accept a partial payment, we do not waive our right to collect the full balance owed to us.

b) Customer must pay all monthly charges for the Service, along with all other WOW! Services (cable television and/or Internet), on or before the due date stated on the monthly bill. Failure to pay charges invoiced may result in discontinuance of Service, the removal of equipment delivered and/or the imposition of a late payment or service charge. An additional charge may be imposed if a check or other form of payment is not honored due to insufficient funds or credit. In the event collection activities are required, a collection charge (as determined by WOW! in its sole discretion), in addition to all expenses and fees (including attorney fees) incurred by WOW! will be paid by Customer.

WOW! does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to Customers. Any fees, charges, and assessments due to late payment or nonpayment are not interest, credit service charges, or finance charges. Such fees, charges, and assessments are not penalties. Rather, they are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments.

c) In the event Customer pays WOW! an amount in excess of the amount due for the current billing period cycle, Customer agrees that WOW! will apply the overpayment to the Customer’s next monthly billing statement.

d) If a billing dispute occurs, Customer has thirty (30) days from the date of receipt of the bill to register a written dispute with WOW!. Customer should send billing disputes to: WOW! Internet & Cable, Attn: Billing Disputes, P.O. Box 63000, Colorado Springs, CO 80962-3000. Failure to object to a billing statement in writing within the 30 day period constitutes Customer’s conclusive acceptance of the accuracy of the billing statement. In all events, Customer is required to pay the undisputed amount of the billing statement. Customers who choose the recurring payment option agree that they are responsible for ensuring that accurate deductions are in place with their financial institution. In no event will WOW! be liable for reimbursement of inaccurate recurring payments unless notified in writing by Customer within sixty (60) days of the deduction.

e) Our calling plans billed as a flat monthly fee may not, depending upon the calling plan and available features,
include certain call types.  Rates for the Services, including separate rates for usage based charges (e.g., operator services) and time-based charges (e.g., international calling and long distance calling (applicable for certain calling plans)), are posted to the WOW! website, http://www.wowway.com/. Both the amounts and the types (e.g., periodic, time-based, usage-based) of charges for the Service are subject to change.

For billing purposes, a time-based 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. Time-based 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 for a completed call when the called party’s line rings or after a certain number of rings. If such a provider charges WOW!, its affiliates, or suppliers as if your call were answered by the called party, WOW! will charge you for a completed call. If the computed charge for a time-based 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.

f) 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.

g) The continuing availability of the Service is dependent upon Customer maintaining current accounts with all WOW! provided services, including cable television service and/or Internet service. If Customer’s WOW! Phone account or any other account of Customer with WOW! is past due, WOW! may terminate WOW! Phone upon notice to Customer as required by applicable law. Customer agrees that WOW! may refuse to port telephone numbers where Customer has not fully paid all amounts owing to WOW! (including applicable taxes, fees and equipment charges) for all services (phone, cable television and Internet) and returned WOW! equipment in accordance with Paragraph 7a) below.

h) If Customer discontinues WOW! Phone or WOW!'s Internet service or cable television service, or if any such service to Customer is discontinued for any reason including non-payment, Customer may be required, in addition to payment of all outstanding balances on all accounts with WOW!, to pay a reconnect charge or trip charge (where applicable) before reconnection.

i)  You understand and agree that that our paper bills for the Services contain only a summary of charges, and that detailed information about your calls and charges will be available only for a limited period at a password-protected portion of our website.  In accordance with our Customer Privacy Policy (which is delivered to you at the time of installation of service and is available for your review at our website), you may call 1-866-496-9669 for a paper copy of outbound toll call records related to your most recent bill.  There may be an additional charge for these outbound toll call records.   Please refer to our Customer Privacy Policy for further information concerning access to your call detail and other personal information.

j)  If we are required to use a collection agency or attorney to collect money owed by you or to assert any other right that we may have against you, you agree to pay the reasonable costs of collection or other action. These costs include but are not limited to any collection agency’s fees, reasonable attorneys' fees, and arbitration or court costs.

6. Changes of Service: Customers may change service, or order additional services offered by WOW! by calling Toll Free 1-866-4WOW-NOW. Customer requests for changes of services or additional services are subject to a pro-rated statement reflecting the difference in cost for monthly services on Customer’s next billing statement. Customers have the right to rescind their order for new services without charge prior to installation. Billing will begin at the time the service is activated on the Customer’s account. Customers who participate in a promotional offer with a discount on monthly service fees will revert back to the standard monthly fee for the service at the end of the promotional period. Unless otherwise expressly provided, any promotional, discounted or guaranteed rate for service applies only to the particular service or services identified, and excludes additional fees and charges for taxes, fees (including regulatory, franchise and carrier fees), surcharges, excises, equipment rental, installation and other separately billed services.

7. WOW! Property:

a) In order to provide the Service, WOW! must install in and upon the Customer premises certain equipment, which may include, for example, cabling, voice enabled EMTAs provided by WOW!, and other related apparatus and software provided by WOW! (excluding equipment purchased or owned by Customer). All equipment, including but not limited to cables, wires, and modems delivered to and/or installed in the Customer’s home by WOW! ("WOW! Equipment") remains the property of WOW!; provided, however, unless otherwise specifically agreed to in a separate written agreement (such as a multiple dwelling unit agreement), WOW! Equipment does not include internal cable home wiring (and passive devices connected to that wiring) that begins at a demarcation point roughly twelve inches outside the point where the wiring enters the Customer’s premises (the “Inside Home Wiring”). Ownership of the Inside Home Wiring passes to Customer upon installation. You acknowledge that we may remove or change the WOW! Equipment at any time at our discretion. You agree not to use WOW! Equipment for any purpose other than to use the Services in accordance with this Agreement. Upon termination of Service, for whatever reason, Customer’s right to possess and use the WOW! Equipment terminates. Customer must return all WOW! Equipment in the same condition as when received, reasonable wear and tear excepted, by any method reasonably requested by us, within ten (10) days after disconnection of Service. Upon our request, you will permit us, and our employees, agents, contractors, and representatives, to access your premises during regular business hours to remove the WOW! Equipment and other material provided by WOW!. This removal will be conducted at an agreed to time; and you will ensure the return of all WOW! Equipment to WOW!. Failure to return the WOW! Equipment to WOW! undamaged within ten (10) days after disconnection of service will result in a charge to Customer’s account for the repair cost or replacement value (as determined by WOW! in its sole discretion) of the WOW! Equipment. Customer agrees that WOW! may charge such amount to Customer’s credit card or bank account, if applicable (see Sections 19-22). In all events, Customer agrees to immediately pay such charges whether the WOW! Equipment is lost (through theft or otherwise), damaged or destroyed. Customer agrees that WOW! is not liable for any NSF, overdraft or other charges that may be imposed upon Customer as a result of charges by WOW! against Customer’s credit card, security deposit or bank account.

b) To the extent any software is licensed by WOW!, such software is provided for the limited purpose of facilitating Customer’s use of the WOW! Phone Service as described in this Agreement. Customer will not engage in, or permit, any additional copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the software, all of which are prohibited. Customer will return or destroy all software provided by WOW! and any related written materials promptly upon termination of WOW! Phone Service to Customer for any reason.

8. Care of WOW! Property: Customer will safeguard the WOW! Equipment from loss or damage of any kind, and agrees that neither Customer nor any other person (except WOW!'s authorized personnel) will open, tamper with, service, make any alterations to, move, relocate or remove any WOW! Equipment from its point of initial installation, except that Customer may remove the equipment from the premises to return it to WOW!. You understand and acknowledge that the address associated with an E911 call is the authorized address where Service was originally provided. If the EMTA is moved, an E911 call will still identify the original service location.

At your request, we may relocate the WOW! Equipment within your premises for an additional charge, at a time agreeable to you and to us. If you change residences, you must contact WOW! at 1-866-496-9669 for information on whether the WOW! Equipment and services may be transferred to your new residence and what the relocation will cost.

Any alteration, tampering, removal, etc., or the use of equipment which permits the receipt of Services without authorization constitutes theft of Service and is prohibited.  

9. Repair of WOW! Equipment: WOW! will respond to all requests for repair to the WOW! Equipment. WOW! will repair and/or replace defective WOW! Equipment in Customer’s home. WOW! is not responsible for the maintenance or repair of Customer equipment such as audio or video equipment, telephones, A/B switches, Inside Home Wiring or any other Customer equipment or property. Service, repair and other applicable charges may be imposed if WOW! determines that damage to WOW! Equipment or the system is caused by Customer or a third party, or if no fault is discovered in WOW!'s system or Equipment. WOW! makes no warranties with respect to the WOW! Equipment.

10. Access to Customer Premises and Use of Existing Customer Property: Customer grants WOW! the right to install, operate and maintain its equipment in, under and upon the Customer’s premises. Customer represents and warrants that he or she owns the premises on which WOW! Equipment is or will be installed, or has obtained permission for such installation from the owner of the premises. Customer further agrees: (i) to provide WOW!'s representative with access at reasonable times to the premises to install, inspect, replace, remove, operate and maintain the equipment supplied by WOW! and, upon the termination of Service, to remove any WOW! Equipment from the premises (it being understood that WOW!’s failure to remove its property shall not be deemed an abandonment thereof). This authorization includes allowing WOW! or its representatives to be on Customer’s premises outside of Customer’s home, even if Customer is not present; (ii) that the installation may require drilling, cutting and other alterations to improvements on the premises (including walls, flooring and/or other surfaces) and that WOW! assumes no obligation to restore or repair any such alterations or damages adjacent to such alterations (except to the extent such damages are attributable to the sole negligence of WOW!); and (iii) to allow WOW!, in its discretion, to use for the provision of WOW!’s Services any existing wiring, conduit and/or other devises located within or installed upon the premises. Customer warrants that Customer possesses the authority to grant the rights specified herein and agrees to indemnify and hold WOW! harmless from any and all claims or damages, including payment of any attorney fees and other legal costs, arising out of the breach of this Section.

11. Customer Equipment: In order to use the Services, you are required to provide certain equipment such as a
phone handset or equivalent, inside phone wiring and outlets, and an electrical power outlet. You agree to keep the EMTA (defined above) plugged into a working electrical power outlet at all times. CERTAIN MAKES AND MODELS OF CORDLESS PHONES USE THE ELECTRICAL POWER IN YOUR HOME.   IF THERE IS AN ELECTRICAL POWER OUTAGE, THE CORDLESS PHONE WILL CEASE TO OPERATE DURING THE OUTAGE, PREVENTING USE OF THE SERVICES VIA THE CORDLESS PHONE.  In order to use online features of the Services, where we make those features available, you are required to provide certain hardware, software, and access such as a personal computer, an Internet browser, and access to the Internet. You represent that you either own the Customer Equipment or have the right to use that equipment in connection with the Services. Any Customer Equipment that you use in connection with the Services must meet WOW!’s current minimum technical and other requirements. Those requirements are posted on the Services’ website at wowway.com  (or on an alternative site if we so notify you). The requirements may be revised by us from time to time.

If you install or use Customer Equipment that does not meet the minimum technical or other specifications described above (a "Non-Recommended Configuration"), you agree (i) that the Services or some features of the Services may degrade or fail, (ii) that you will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the EMTA, and (iii) that the following limitation of liability shall apply: NEITHER WOW! NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION 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. WOW! SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.   WOW! assumes no responsibility for the condition or repair of any Customer or other third party owned equipment. WOW! is not responsible or liable for any loss of or impairment to WOW!’s Service due, in whole, or in part, to a malfunction or defect in Customer or other third party owned equipment. Customer agrees to adequately repair and maintain all of the Customer Equipment (including Inside Home Wiring) so that it does not interfere with the operations of the WOW! system or the Service. Customer further agrees that it will not attach anything to the Inside Home Wiring or other Customer Equipment or WOW! Equipment that impairs the functionality or integrity of WOW!’s cable system or the Service. WOW! may charge to Customer standard service charges: (i) to perform modification or recovery of the Service or to repair WOW!’s Equipment, system or network facilities if WOW! determines that such modification, recovery or repair, was caused by Customer (or a third party), or if WOW! finds no fault in its system or Equipment; (ii) to perform modification or recovery of the Service or to repair WOW!’s Equipment, system or network facilities if WOW! determines that such modification, recovery or repair, was necessitated in whole or in part due to defective, improper, incompatible or inadequately maintained Customer or other third party owned equipment; or (iii) to perform services related to any Customer or third party owned equipment.

12. Disruption of Service: To the maximum extent allowed by law, WOW! shall not be liable for any failure or interruption of Service resulting in part or entirely from a Force Majeure event (as described the “Force Majuere” section below) or any circumstance beyond WOW!’s control. Subject to the foregoing and applicable law, credit will be given for qualifying outages as follows: if there is a known, verifiable, Service interruption in excess of 24 hours, WOW!, upon notification of such failure or interruption from the Customer within 30 days of such failure or interruption, will provide Customer with a pro-rata credit relating to such failure or interruption. Customer may notify WOW! of the disruption of Service in writing or by calling 1-866-4WOW-NOW. The credit amount is determined based on the Customer’s monthly services, the number of services affected and the total outage time. WOW! will not issue a credit if it is prevented from gaining access to its Equipment to fix the problem. Credits are issued the next available billing cycle, following a determination that credit is warranted. CUSTOMER AGREES THAT SUCH CREDIT IS CUSTOMER’S SOLE REMEDY FOR A DISRUPTION OF SERVICE. WOW! SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED.

13. Taxes, Fees and Charges:  WOW! reserves the right to invoice you for any taxes (including all federal, state and local taxes, however designated), surcharges, excises, fees (including regulatory recovery, franchise and/or carrier fees) or other payment obligations in connection with the Services imposed by governmental or quasi-governmental bodies in connection with the sale, installation, use, or provision of the Services.  These obligations may include those imposed on us or our affiliates by an order, rule, or regulation of a regulatory body or a court of competent jurisdiction, as well as those that we or our affiliates are required or authorized to collect from you or to pay to others in support of statutory or regulatory programs.  These taxes, fees and other charges will be in the amounts that federal, state, and local authorities require or authorize WOW! to bill to Customers, and are shown as separate line items on the Customer’s bill. WOW! will not provide advance notice of changes to taxes, fees and surcharges, except as required by applicable law. If Customer is exempt from payment of any such taxes, it will provide WOW! with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date WOW! receives the tax exemption certification. Customer agrees to pay any other local, state or federal taxes, fees and/or charges that are not included on the Customer billing statement (including applicable real and personal property taxes levied with respect Customer’s property) imposed or levied on or with respect to the Service, the equipment or installation or placement charges incurred with respect to the same.

14. Use of Service: Customer agrees that: (i) the Service provided by WOW! will be utilized solely in accordance with all applicable laws. WOW! reserves the right to terminate your Service immediately and without advance notice if WOW!, in its sole discretion, believes that you have violated any law; (ii) unless you subscribe to a service plan that expressly permits otherwise (e.g., as part of a business services account), the Service provided by WOW! will be utilized solely for Customer’s personal, residential, non-commercial use in a private residence; in the living quarters in a hotel, hospital, dormitory, sorority or fraternity house, or boarding house; or in the residential portion of a premises used for both business and residential purposes. Customer shall not use the Service for any commercial or governmental activities, profit or non-profit, including but not limited to home office, business, call center services, sales, telecommuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Customer shall not resell or redistribute (whether for a fee or otherwise) the Service, or any portion thereof, or otherwise charge others to use the Service, or any portion thereof. Customer agrees that if Customer uses of the Service for any prohibited commercial or governmental purpose, Customer will pay any applicable higher rates for such use during all past periods; (iii) Customer will adhere to any WOW! policies, rules and regulations related to the Service. Customer acknowledges that WOW! may adopt or change such policies, rules and regulations at any time. WOW! reserves the right to disconnect Service without notice (except as required by applicable law) for any prohibited transmissions or uses and to terminate the Service in the event of a violation of the foregoing use restrictions or in the event of an excessive number of calls during a fixed period, heavy usage during business hours, heavy usage concentrated over consecutive dates, or usage that may be deemed to be business or commercial use; (iv) Customer will comply with all applicable export and re-export laws, including but not limited to the Export Administration Act, the Arms Export Control Act, and their implementing regulations. Customer further expressly agrees not to use the Services in any way that violates any provision of these export and re-export laws or their implementing regulations; and (v) Customer will be liable for all use of the Services using the EMTA and for any and all stolen Services or unauthorized use of the Services.  You agree to notify us immediately in writing or by calling our customer service line during normal business hours if you become aware at any time that the EMTA is stolen or that your Services are being stolen or used without your authorization. When you call or write, you must provide your account number and a detailed description of the circumstances of the EMTA theft or unauthorized use of the Services. If you fail to notify us in a timely manner, your Services may be terminated without notice, with additional charges to you.  

15.  Transfer of Telephone Numbers.  

a)  Switching to WOW! from Another Provider.  If you are switching to our Service from another service provider, you may transfer your existing phone number (if any) to our Service, provided that the following conditions apply:
i. You request the phone number transfer when you place your order for our Service.
ii. Your current service provider releases your existing phone number, at our request, without delay and without imposing non-industry-standard charges on us.
iii. Transfer of your existing phone number to our Service would not, in our view, violate applicable law or our processes and procedures.  
iv. You acknowledge and agree that if your EMTA is self-installed (where we make that option available) and 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 the EMTA. In that event, you should keep another phone connected to an existing phone extension at your service location or maintain a mobile telephone to receive incoming calls until the Port Effective Date, after which you will be able both to make and to receive calls using our Service.
v. You acknowledge and agree that to avoid an interruption in your phone service, it is extremely important that you have the EMTA installed on or before the Port Effective Date. Your existing phone service for the number that you are transferring will be disconnected on the Port Effective Date; if your EMTA is not yet activated, you will not have access to our Services. Therefore, you will not have service for that phone number. WOW! will provide you with an estimate of the Port Effective Date at the time of service ordering or via e-mail following your completion of the ordering process.

b)  Switching from WOW! to Another Provider
To transfer your phone number from WOW! to another service provider, you must place the order to transfer the Services through your new service provider (and not through WOW!). WOW! will release your phone number to your new service provider, provided that
i. your new service provider submits a properly completed transfer request to WOW!;
ii. your new service provider will accept transfer of the phone number without delay or charge to WOW!;
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; and
iv. you do not have an open order with WOW! to disconnect your phone service, whether for voluntary or non-payment reasons.

c) Assignment of Telephone Numbers. If WOW! determines that your telephone number assignment does not conform with applicable industry guidelines, our internal policies, and/or the law, we reserve the right, with prior notice to you, to change the telephone number, without liability.

16. Assignment or Transfer: This Agreement and the WOW! Equipment are not assignable or otherwise transferable by Customer without WOW!’s prior consent. WOW! may freely assign this Agreement without the giving of notice to Customer.

17. Termination of Service by Customer: Except as specifically agreed to in a writing signed by the parties or otherwise provided in this Agreement (e.g., as part of a Business Customer Agreement), the Service and this Agreement shall remain in effect until disconnection of the Service by WOW! occurs as a result of WOW!’s receipt of Customer’s notice of termination. Customer shall give such notice either in writing, or by calling WOW! at 1-866-4WOW-NOW; no other form of notice will be deemed valid.  Any applicable money-back guarantee given at the time Customer subscribes to the WOW! service is available only to first-time subscribers for refund of the first and second regular monthly payments made by Customer for the WOW! service (excluding taxes and other fees, equipment charges, optional service charges, WOW! OnDemand, pay-per-view, and long-distance and other usage based charges). To be eligible for a money-back guarantee refund, Customers must: (i) timely pay for all services, taxes and fees and comply with applicable service agreement(s); and (ii) terminate service and request a refund in writing within 60 days of service activation.  The refund will not apply if service is reestablished by Customer within 90 days of disconnection.  WOW!’s money-back guarantee policies are subject to change.

18. Termination of Service by WOW!. If Customer breaches this Agreement or fails to abide by WOW!’s rates, rules, regulations and/or policies, WOW!, at its option and without the giving of notice, may discontinue the Service and remove the WOW! Equipment, and pursue all of its other legal and equitable remedies against Customer. Failure of WOW! to remove its Equipment shall not be deemed abandonment thereof. Customer shall pay reasonable collection and/or attorney's fees to WOW! in the event that WOW! shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. WOW! may terminate its Service immediately in the event that Customer makes an assignment for the benefit of creditors or a voluntary petition is filed by or against Customer under any law having for its purpose the adjudication of Customer as a bankrupt or the reorganization of Customer. Subject to applicable law, WOW! may also terminate this Agreement for any other reason or no reason with notice to Customer. In the event WOW! terminates this Agreement, any fees and charges will accrue through the later of the effective date of termination of this Agreement or the date on which the Service is disconnected and the WOW! Equipment is returned. Any prepaid monthly service fees for Service not received will be refunded (less any outstanding amounts due WOW! for equipment or other applicable fees and charges). To the extent permitted by law, WOW! may apply any security deposit or credit to offset any amounts due to WOW! before remitting the balance to Customer.

19. Customer Obligations Upon Termination. Customer agrees that upon termination of this Agreement, Customer will immediately cease use of the Service and the WOW! Equipment, and uninstall and destroy all copies of any software provided to Customer pursuant to this Agreement or otherwise used by Customer to access the Service. Customer will pay in full for use of the Service and the WOW! Equipment up to the later of the effective date of termination of this Agreement or the date on which the Service is disconnected and the WOW! Equipment is returned. Customer agrees to pay on a pro-rated basis for any use of the Service and/or WOW! Equipment for a part of a month. Customer shall return the WOW! Equipment to WOW!, by any method reasonably requested by us, within ten (10) business days after disconnection of Service. Upon our request, you will permit us, and our employees, agents, contractors, and representatives, to access your premises during regular business hours to remove the WOW! Equipment and other material provided by WOW!. This removal will be conducted at an agreed to time; and you will ensure the return of all WOW! Equipment to WOW!. If any WOW! Equipment is not returned or is returned damaged, you agree that WOW! may bill you for the repair or replacement of such equipment (as determined by WOW! in its sole discretion), including without limitation charging your credit card or bank account, if applicable. In all events, Customer agrees to immediately pay such charges whether the WOW! Equipment is lost (through theft or otherwise), damaged or destroyed. Customer agrees that WOW! is not liable for any NSF, overdraft or other charges that may be imposed upon Customer as a result of charges by WOW! against Customer’s credit card, security deposit or bank account. WOW! may also apply any security deposit or credit to offset any amounts due to WOW! (including amounts due for unreturned or damaged equipment) before remitting the balance to Customer.  If you are a business services customer, you may also be required to pay an early termination fee.

20. Recurring Charges. WOW! will charge all amounts payable by Customer to WOW! to Customer’s credit card or bank account (EFT) in accordance with the information provided by Customer. By providing a credit card or EFT number to WOW!, Customer authorizes WOW! to continue charging the credit card or EFT for all monthly fees (including without limitation monthly service fees and equipment charges, as well as applicable taxes and fees) payable to WOW!, and any other charges incurred by Customer and payable to WOW! pursuant to the Agreement. Monthly service fees and equipment fees may be charged up to thirty (30) days in advance of the first day of the month for which the charges relate.

21. Security. WOW! may in its discretion require a security deposit, valid credit card on file or bank account information (EFT) to secure return of equipment and payment for services and other charges. Customer understands and agrees that EFT’s cannot be provided solely for security purposes. EFT’s provided for security purposes will also automatically deduct the full balance due on the customer’s account on a monthly basis. By providing a security deposit, or a credit card or EFT number to WOW!, Customer authorizes WOW! to charge against the credit card or EFT or withdraw from any security deposit or account: (i) the repair cost or replacement value (as determined by WOW! in its sole discretion) of all of our Equipment that is not returned to WOW! undamaged within ten (10) business days after disconnection of Service; and (ii) amounts due to WOW! for services, fees and other charges. Customer will be refunded the balance of any security deposit (without interest unless otherwise required by law), and all or a portion of the amount charged to Customer’s credit card or EFT for WOW! Equipment, if payment has been timely made for all amounts due on Customer’s account and Customer timely returns our Equipment undamaged.

22. Credit Card and Bank Account Authorization. Customer warrants that Customer is either the authorized signatory on the credit card or EFT placed with us, or Customer has secured permission from the authorized signatory on the credit card or EFT to allow us to charge amounts to the authorized signatory’s credit card or EFT in accordance with this Agreement. Customer authorizes us to charge all amounts due to us against the credit card or EFT. Customer agrees that we are not liable for any NSF, overdraft or other charges that may be imposed upon Customer as a result of any EFT or credit charge against Customer’s account. Customer agrees to inform us immediately of any change in credit card or EFT information (including without limitation a change in the credit card expiration date). Customer’s card issuer agreement governs use of the credit card in connection with the WOW! Service, and Customer must refer to that agreement with respect to Customer’s rights and liabilities as a cardholder. If we do not receive payment from Customer’s bank or credit card issuer or their agents, Customer agrees to immediately pay all amounts due upon demand by us.

23. Late Fee and Service Disconnection: If Customer’s account is 20 days past due (or such longer period specified by applicable law), Customer will be charged a $5.00 late fee, in addition to any past due balance. If Customer’s account is 40 or more days (or such longer period specified by applicable law) past due, Customer’s Service may be interrupted. If Customer’s account is 60 or more days (or such longer period specified by applicable law) past due, Customer’s service may be disconnected and an additional $5 late fee may be applied.

24. Reconnection Charges, Terms and Conditions: Before restoring a Customer’s Service after disconnection for non-payment, WOW! may require that Customer establish an EFT method of payment (see paragraphs 20-22 above) and/or pay the full balance owed to WOW!, a security deposit, the published reconnection charge, and any applicable fees, taxes and any other applicable charges. Disconnected Customers who elect to remain disconnected are legally responsible for payment of all past due amounts, as well for as for the safe return of all WOW! Equipment.

25. Credit Inquiries; Customer Information; Privacy: WOW! RESERVES THE RIGHT TO VERIFY AND APPROVE CREDIT AS A CONDITION OF PROVIDING ANY SERVICES, AND CUSTOMER AUTHORIZES WOW! TO INVESTIGATE CUSTOMER’S CREDIT HISTORY BY OBTAINING A CREDIT REPORT OR OTHER SIMILAR INFORMATION AND/OR MAKING INQUIRIES OF ACCOUNT HISTORIES.  CUSTOMER AUTHORIZES WOW! TO ENTER THIS INFORMATION IN CUSTOMER’S FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING CUSTOMER TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES.  Customer further agrees that WOW! may, from time to time, collect information concerning Customer, and Customer’s use of the Service in the manner and for the purposes set forth the WOW! Privacy and CPNI Policies, which has been provided to Customer and is available for review on WOW!’s website, http://www.wowway.com/. You acknowledge that you have received the WOW! Privacy and CPNI Policies and that you expressly consent to the terms of those policies, which we may amend from time to time.  Customer expressly grants WOW! permission to disclose personally identifiable information relating to Customer or Customer’s account in response to: (a) a government subpoena or warrant issued in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order. In addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, WOW! shall have the right (except where prohibited by law notwithstanding Customer’s consent), but not the obligation, to disclose any information to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. Customer hereby consents to such actions or disclosures.

26. Disability Access and 911 Dialing: WOW! phone uses the 711 dialing code for access to Telecommunications Relay Services (TRS). TRS permits persons with a hearing or speech disability to use the telephone system via a text telephone (TTY) or other device to call persons with or without such disabilities. If you want to call someone using TRS, use your TTY or telephone, dial 711, and you will automatically be connected to a TRS operator. If you have any questions concerning access to or use of the WOW! phone service, please call us at 1-866-496-9669 or contact us from the Customer Care page at http://www.wowway.com/. For those WOW! Phone customers that utilize TRS by dialing 711 from your WOW! Phone, please use this service only in non-emergency situations. For any emergencies, please remember to dial 911 directly for quick and accurate emergency response.

27.  Customer Representations.  Customer represents and warrants that Customer is at least 18 years of age, and has provided and will continue to provide to WOW! accurate, complete, and current Customer information, including but not limited to Customer’s  legal name, address, phone number(s), and payment data (including but not limited to credit card numbers and expiration dates). Customer agrees that during the term of this Agreement Customer will promptly notify us if there is any change in the information that Customer has provided to us in accordance with the terms of this Agreement. If Customer fails to provide and maintain accurate information, Customer is in breach of this Agreement.

28. No Warranties: WOW! MAKES NO WARRANTY THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (II) THE QUALITY OF THE SERVICES OBTAINED BY CUSTOMER WILL MEET CUSTOMER’S EXPECTATIONS. ALL SERVICES AND EQUIPMENT PROVIDED BY WOW! ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WOW! MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. CUSTOMER FURTHER AGREES THAT ALL USE OF THE WOW! PHONE SERVICE IS AT CUSTOMER’S SOLE RISK. WOW! MAKES NO WARRANTY AS TO THE SECURITY OF CUSTOMER’S COMMUNICATIONS VIA WOW!'S FACILITIES OR THE SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR PHONE COMMUNICATIONS. CUSTOMER AGREES THAT WOW! WILL NOT BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER’S COMPUTER AND PHONE COMMUNICATIONS. THE SERVICE IS NOT FAIL-SAFE AND IS NOT DESIGNED OR INTENDED FOR USE IN SITUATIONS REQUIRING FAIL-SAFE PERFORMANCE OR IN WHICH AN ERROR OR INTERRUPTION IN THE SERVICE COULD LEAD TO SEVERE INJURY TO PERSONS, BUSINESS, PROPERTY OR ENVIRONMENT ("HIGH RISK SITUATIONS"). THESE HIGH RISK SITUATIONS MAY INCLUDE, WITHOUT LIMITATION, SITUATIONS REQUIRING FAIL-SAFE PHONE AND EMERGENCY SERVICE ACCESS DUE TO MEDICAL CONDITIONS OR OTHER EMERGENCIES, OR OTHER SITUATIONS WHERE ABSOLUTELY NO ERROR OR INTERRUPTION IN SERVICE IS REQUIRED. CUSTOMER EXPRESSLY ASSUMES THE RISKS OF ANY DAMAGES OR INJURIES RESULTING FROM SUCH HIGH RISK SITUATIONS.

29. General Limitation of Liability: EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT, WOW!, INCLUDING ITS AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, EVEN IF WOW! IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY. CUSTOMER UNDERSTANDS THAT THE INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE SERVICE, EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO CUSTOMER'S COMPUTER(S) OR OTHER HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. WOW! SHALL HAVE NO LIABILITY, AND WOW! EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, HARDWARE, DATA OR FILES.

30. Limitations on WOW!’s Liability for Customer Equipment and Software: Customer Equipment may be damaged or suffer service outages as a result of the installation, self-installation, use, inspection, maintenance, repair, and removal of the WOW! Equipment and the Services. Except for gross negligence or willful misconduct by us, neither WOW! nor any of its affiliates or agents 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 WOW!, 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.

When you use certain features of the Services, such as online features of the Services (where available), you may require special software, applications, and/or access to the Internet. WOW! makes no representation or warranty that any software or application installed on your computer(s) or the Internet 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(s), 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 WOW! NOR ITS AFFILIATES OR AGENTS 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.
WOW! does not represent, warrant, or covenant that the installation of the software or applications described in the preceding paragraph or access to our web portal(s) will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer(s). 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 WOW! NOR ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.

31.  Limitations on WOW!’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. WOW! 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. WOW! shall not be bound by any undertaking, representation, or warranty made by an agent or employee of WOW! or of our underlying third-party 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 in this Agreement apply to any acts, omissions, and negligence of WOW! and its affiliates, employees and agents which, but for that provision, would give rise to a cause of action in contract, tort, or any other legal doctrine.

32. Sole Remedy: Customer’s sole and exclusive remedies are as expressly set forth in these Terms and Conditions as the same may be amended in writing by WOW! from time to time. Some states do not allow the exclusion or limitation of implied warranties, and some states do not allow the limitations or exclusion of incidental or consequential damages, so certain of the exclusions described above in this Agreement may not apply. In such states, THE LIABILITY OF WOW! AND ITS AFFILIATES AND AGENTS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

33. Customer Indemnification: Customer agrees to defend, indemnify and hold harmless WOW! from and against any and all claims and expenses, including reasonable attorneys' fees: (i) arising out of or related in any way to the use of the Service by Customer or otherwise arising out of the use of Customer’s Account or any equipment or facilities in connection therewith, or the use of any other products or services provided by WOW! to Customer; (ii) breach of this Agreement; and/or (iii) violation of applicable law, including laws relating to libel, slander, protection of patents, copyrights, trademarks and other intellectual property rights. WOW! reserves the right to terminate or suspend the Service, and/or remove content from the Service, if WOW! determines, in its sole discretion, that Customer’s use of the Service does not conform with the requirements set forth in this Agreement, interferes with WOW!’s ability to provide the Service, or violates any laws or regulations. WOW!'s actions or inaction under this Section shall not constitute review or approval of any use of the Service or content transmitted by Customer. Customer agrees to indemnify and hold WOW! harmless from and against any and all liability arising from the content transmitted by Customer (or anyone using Customer’s Account) by use of the Services.

34.  Survival of Limitations.   All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.

35. Complaint Resolution: Customer may submit a complaint to WOW! with regard to any aspect of the Service at any time. WOW! maintains a toll-free telephone number ((866) 4WOW-NOW) that is available 24 hours a day, 7days a week. When you call about a service problem, a customer care representative (CCR) will attempt to determine the nature of the problem. If possible, the CCR will help you resolve the problem over the telephone. If the problem cannot be resolved during the call, the CCR will schedule a service technician to visit your home. If a Customer has a complaint requiring further escalation, Customer should contact WOW! at our toll-free number, in writing at WOW! Internet & Cable, Attn: Billing Disputes, P.O. Box 63000, Colorado Springs, CO 80962-3000, or by e-mailing us from the “Contact Us” section on http://www.wowway.com/. WOW!’s policy is to reply to an escalated Customer complaint within thirty working days of receipt. WOW! will endeavor to include in its reply a statement of action taken, description of future work needed to resolve any issue or an explanation why the complaint is unjustified or outside the jurisdiction of WOW!.

36. Binding Arbitration: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT THAT CANNOT BE RESOLVED INFORMALLY AS DESCRIBED ABOVE (EXCEPT FOR (1) CLAIMS FILED BY WOW! TO COLLECT OUTSTANDING BALANCES FOR UNPAID SERVICE OR THE THEFT OF ANY SERVICE OR EQUIPMENT; (2) ANY DISPUTE OVER VALIDITY OF EITHER PARTY'S INTELLECTUAL PROPERTY RIGHTS OR WOW!’S LICENSES TO OPERATE ITS BUSINESS; (3) ANY DISPUTE INVOLVING VIOLATIONS OF 47 U.S.C. §551 OR 18 U.S.C. §§2510-2521; or (4) CLAIMS ARISING OUT OF COMMERCIAL ACTIVITIES) SHALL BE RESOLVED BY BINDING ARBITRATION COMMENCED WITHIN ONE (1) YEAR UNDER THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (OR ANY CONSUMER RULES ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION TO WHICH BOTH PARTIES AGREE), EXCEPT THAT EITHER PARTY MAY SEEK EQUITABLE OR INJUNCTIVE RELIEF ONLY IN AN APPROPRIATE COURT OF LAW OR EQUITY. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW OR EQUITY. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. ANY AWARD OF THE ARBITRATOR SHALL BE IN WRITING AND SHALL STATE THE REASONS FOR THE AWARD. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD ANY DAMAGES IN EXCESS OF THE APPLICABLE LIMITS SET FORTH IN OR EXCLUDED UNDER ANY SECTION OF THIS AGREEMENT. THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 TO 16, SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. EACH PARTY SHALL BEAR ITS OWN EXPENSES AND THE COST OF ARBITRATOR(S) SHALL BE SHARED. THE PARTIES EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEYS’ FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR SHALL NOT HAVE THE POWER TO ORDER PRE-HEARING DISCOVERY OF DOCUMENTS OR THE TAKING OF DEPOSITIONS, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS AT THE HEARING.

37. Modification of Terms; Customer Notices: So long as Services are provided to Customer, these Terms and Conditions, as amended, will remain in effect until canceled by either party in accordance with these Terms and Conditions. CUSTOMER AGREES AND ACKNOWLEDGES THAT WOW! MAY FROM TIME TO TIME AMEND, REVISE OR RESTATE THESE TERMS AND CONDITIONS. CUSTOMER SHALL BE NOTIFIED OF ANY AMENDMENTS, REVISIONS OR RESTATEMENTS THROUGH ELECTRONIC, WRITTEN OR OTHER MEANS.  FOR EXAMPLE, WE MAY NOTIFY YOU OF SUCH CHANGES BY U.S. OR OVERNIGHT MAIL, BY HAND DELIVERY (E.G., AT THE TIME OF INSTALLATION OF SERVICE), BY SENDING YOU AN EMAIL OR BY POSTING THE CHANGE ON OUR WEBSITE AT HTTP://WWW.WOWWAY.COM/ (OR AN ALTERNATIVE SITE AS DESIGNATED BY WOW!).  YOU AGREE THAT ANY ONE OF THE FORGOING MEANS OF NOTIFICATION IS SUFFICIENT.   ANY AMENDMENT, REVISION OR RESTATEMENT OF THIS AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY UPON THE GIVING OF SUCH NOTICE. CUSTOMER’S CONTINUED ACCESS TO OR USE OF THE SERVICE SHALL BE DEEMED CONCLUSIVE ACCEPTANCE OF THE AMENDED, REVISED OR RESTATED AGREEMENT AND ITS TERMS AND CONDITIONS.  BECAUSE WE MAY FROM TIME TO TIME USE THE METHODS DESCRIBED ABOVE TO NOTIFY YOU ABOUT IMPORTANT INFORMATION REGARDING THE SERVICES, THIS AGREEMENT, AND RELATED MATTERS, YOU AGREE TO REGULARLY CHECK YOUR POSTAL MAIL, E-MAIL, AND ALL POSTINGS ON OUR WEBSITE AT WWW.WOWAY.COM  (OR AT AN ALTERNATIVE SITE AS DESIGNATED BY WOW!).  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU BEAR THE RISK OF FAILING TO DO SO.

38. Retention of Rights: Nothing contained in this Agreement shall be construed to limit WOW!’s rights and remedies available at law or in equity. WOW! and its suppliers reserve the right both during the term of this Agreement and upon its termination to delete your voicemail, call detail, data, files, or other Customer information that is stored on WOW!’s or its suppliers’ 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 voicemail, call detail, data, files, or other Customer information.

39. Change in Regulatory Status: Customer acknowledges and understands that the Service uses Voice over Internet Protocol (VOIP) to transmit calls. At present, VOIP is not regulated as a “telephone” service. Important distinctions exist between regulated telephone service and the information Service offering provided by WOW!. The Service is subject to different regulatory treatment than telephone service. This treatment may, for example, limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies. The FCC and State regulators are currently reviewing the proper regulatory status of VOIP services. Customer agrees that this Agreement shall be restated to the extent necessary to comply with any change in or clarification to applicable law that impacts upon the Service.

40. Entire Agreement: This Agreement, together with any applicable sales or work order or other written agreement (and rules, regulations and policies adopted by WOW!), constitutes the entire agreement between the Customer and WOW!. No undertaking, representation or warranty made by any agent or representative of WOW! in connection with the sale, installation, maintenance or removal of WOW!’s Services shall be binding on WOW! except as expressly set forth in writing herein.

41. Severability: The parties acknowledge that WOW! is subject to the provisions of applicable federal, state and local laws and regulations (“Applicable Law”). Any duty or promise of WOW! under this Agreement that conflicts with any provision of Applicable Law is to that extent void. Notwithstanding, the terms of this Agreement are considered severable, and in the event that any term is rendered unenforceable due to any such conflict, this Agreement shall remain in full force and effect, except for such term.

42. Force Majeure: WOW! shall not be responsible for any failure to perform or delay in performance due to unforeseen circumstances, or due to a cause beyond WOW!’s control, including but not limited to acts of God, war, terrorist event, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages, failures or unavailability of telecommunications or computer facilities, resources, fuel, energy, labor or materials.

43. Applicable Law: This Agreement shall be construed and enforced under applicable federal law, the regulations of the FCC and laws of the state and locality in which the Services are performed.

(Terms and Conditions Revised as of November 10, 2009)