This document includes important information about Frontier Voice-Over-Internet Protocol ("VoIP") and Frontier digital voice service that is provided over fiber-optic and/or copper facilities and require electrical power at the customer's service location for the service to function (collectively "Frontier's Digital Voice" service or "Service). This notice provides important information regarding the limitations associated with these Frontier's Digital Voice services availability to make emergency 911 and other calls during network or electrical outages. More information is available at the Frontier's Digital Voice Terms of Service at Frontier.com/terms. THIS NOTICE ALSO 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.
Frontier's Digital Voice is a residential or business enhanced voice communication service over Frontier's IP or fiber-optic facilities, including all software, equipment and other features provided by Frontier related to the voice service. Frontier's Digital Voice includes direct-dialed calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which may be offered at additional costs, all of which Frontier, in its sole discretion, may add, modify, or delete from time to time. Frontier's Digital Voice also includes a telephone number or numbers that may be included in Frontier printed directories and/or directory assistance databases, and options, available at additional costs, to have numbers withheld from Frontier printed directories and/or directory assistance databases. Residential subscribers of Frontier's Digital Voice may not use this service for business purposes. It is not mobile or nomadic and will function only in your service location.
When you use or pay for Frontier's Digital Voice service, you are agreeing to the provisions in this notice and the Frontier's Digital Voice Terms of Service (TOS) at Frontier.com/terms. You become the main account holder for each telephone number assigned to the Frontier's Digital Voice service and all plans, features, and functionalities associated with each telephone number, whether those telephone numbers, plans, features, and functionalities are purchased initially or are added subsequently. The provisions in this notice and the Frontier's Digital Voice TOS apply to all such telephone numbers, and to the Frontier's Digital Voice plans, features, and functionalities for both the main account and all sub accounts.
You agree that the use of the Frontier's Digital Voice service, without limitation, is your sole responsibility, is at your own risk, and is subject to all applicable local, state, national and international laws and regulations. This includes the use of the Service by others, with or without your permission.
YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF 911 SERVICE OVER FRONTIER'S DIGITAL VOICE AND THE DISTINCTIONS BETWEEN 911 SERVICE OVER SERVICE OVER FRONTIER'S DIGITAL VOICE AND 911 SERVICE OVER TRADITIONAL WIRELINE TELEPHONE SERVICE. YOU AGREE TO ADVISE ALL INDIVIDUALS WHO MAY PLACE CALLS OVER FRONTIER'S DIGITAL VOICE OF 911 LIMITATIONS DESCRIBED BELOW.
You are responsible for providing the electrical power necessary for the Frontier's Digital Voice service to function. The Service (including 911 dialing) will not function during a power outage without a backup power source. An optional battery back-up feature is available for your Service. With a fully-charged battery (or batteries), the battery back-up feature will power the basic calling functions of your Frontier's Digital Voice service for up to eight (8) to twenty (20) hours, depending on the type of battery backup device installed, in the event of a power outage. The battery back-up feature will not power cordless phones, Internet or TV service, or alarm system equipment. A power failure or service disruption may require you to reset or reconfigure equipment prior to using the Service.
You acknowledge and understand that Frontier's Digital Voice requires electrical power to function and that, therefore, you must at all times maintain a working backuo\p battery for your Frontier's Digital Voice service to function. You acknowledge and understand that it will take a minimum of 18 hours to charge an initial backup battery after Frontier's Digital Voice is installed and/or after a replacement battery is installed. In the event of a power outage, the battery backup unit only supplies power for voice services from a phone that is not dependent on a power supply. Cordless phones and telecommunications devices used to assist customers with disabilities require a power supply to function. Frontier recommends that you have at least one alternative means of calling 911 in a power outage such as wired phone or cellphone, which can access the network without the need of a power source.
You acknowledge and understand that to conserve battery power during a power outage, you should not attempt to use the backup batteries for any purpose other than to power Frontier's Digital Voice (or to power your Internet connection, for the purpose of powering your security alarm, if you have an IP- based security alarm that uses Frontier Internet service). You acknowledge and understand that the backup batteries initially supplied by Frontier do not provide power for cordless phones or telecommunications devices used to assist customers with disabilities and that, if you are using such devices with Frontier's Digital Voice, a separate backup battery or other power source may be required if there is a power outage. You acknowledge and understand that you are solely responsible for determining when the battery backup unit requires replacement and for replacing and recycling used batteries in accordance with manufacturer or other directions. You also acknowledge and understand that you are solely responsible for obtaining and maintaining backup batteries or other sources of power for any cordless phones you use with Frontier's Digital Voice. If you require a new battery you may notify Frontier or the manufacturer to request replacement.
You acknowledge that 911 service over Frontier's Digital Voice will not function if your service is not configured correctly or if your Frontier's Digital Voice is interrupted or not functioning for any reason, including, but not limited to, in the event of a power outage, network outage, or disconnection of your service because of billing issues. If there is a power outage, you may be required to reset or reconfigure the equipment prior to being able to use your services, including use for 911 calling. You acknowledge that Frontier strongly recommends you maintain, at all times, an alternative means of accessing 911 services.
You acknowledge and understand that Frontier will not be liable for any losses incurred directly or indirectly as a result of service outage and/or inability to dial 911 using your Frontier's Digital Voice service or inability to access emergency service personnel for any reason, including but not limited to the 911 characteristics and limitations set forth in this document and/or the characteristics, limitations, and/or failure of the 911 network itself.
Frontier's Digital Voice may be provided to you over a broadband (Internet Protocol or "IP") network. If there is a broadband network outage, your Frontier's Digital Voice service will not function and you will not be able to make 911 calls with this service.
Frontier's Digital Voice requires a regular analog touchtone landline telephone, which you must supply and which must be connected to the Frontier network interface of the RG or ONT), either directly or through your service location's inside wiring. (Rotary and pulse phones will not work).
You agree that neither you nor a third party will move any equipment used for Frontier's Digital Voice within your premises or to any other physical location outside of the premises where it was installed by Frontier. Frontier's Digital Voice is not designed to be nomadic and will not function properly if the network interface connection is moved or altered by a non-Frontier employee.
Frontier does not guarantee that Frontier's Digital Voice service will be continuous or error-free. You acknowledge and understand that Frontier cannot guarantee that Frontier's Digital Voice is completely secure.
Frontier makes no warranty that (i) Frontier's Digital Voice used as a communications pathway for monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices, will be uninterrupted, timely, secure, or error-free; (ii) the service will be compatible with any particular or all monitored burglar alarm(s), monitored fire alarm(s), or medical monitoring system(s) or device(s); or (iii) battery backup power will be sufficient to maintain the service throughout any and/or all power or network outages.
Monitored fire alarm and burglar alarm systems and medical monitoring devices may not be compatible with Frontier's Digital Voice. If you have or purchase a monitored fire alarm or burglar alarm system or a medical monitoring device that you intend to use with Frontier's Digital Voice as the communications pathway, you agree to contact your provider for those systems/devices to determine compatibility with Frontier's Digital Voice and to arrange for your provider to test such systems/devices after installation of Frontier's Digital Voice. You also acknowledge and understand that even if such systems and devices are compatible with Frontier's Digital Voice, they will not be able to communicate with monitoring stations during a power outage unless you maintain battery backup power for Frontier's Digital Voice as described in this notice and the Frontier's Digital Voice TOS. If you purchase a monitored burglar alarm or monitored fire alarm system after voice has been installed, you also agree to call Frontier prior to installation of any such system. Subsequent installation of these systems may require re- result in time and material charges. (Frontier does not provide support for, or re-wiring of Frontier's Digital Voice in support of, medical monitoring systems or devices).
Once Frontier's Digital Voice has been installed for use with a monitored fire alarm or monitored burglar alarm system, you agree that you will not change or modify the inside wiring of your service location or move or reconfigure your RG/ONT in any way without contacting Frontier and your alarm service provider. You also agree that you will not plug any telephone equipment into the back of the RG/ONT. You acknowledge and understand that if you change or modify your inside wiring, move or reconfigure your RG/ONT in any way, or plug any telephone equipment into the back of the RG/ONT it could result in a failure of your monitored burglar alarm or monitored fire alarm system.
By accepting service, you acknowledge and agree to the provisions in this notice and the Frontier's Digital Voice TOS, use Frontier's Digital Voice at your own risk and waive any claim against Frontier for interference with or disruption of a monitored fire alarm or burglar alarm system, a medical monitoring device, or other such systems or devices due to Frontier's Digital Voice.
OUR LIABILITY REGARDING YOUR USE OF FRONTIER'S DIGITAL VOICE, OR THE FAILURE OF OR INABILITY TO USE FRONTIER'S DIGITAL VOICE, 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.
Our liability to you, to anyone dialing 911 using the Service, or to any other person or party, for any loss or damage arising from errors, interruptions, omissions, delays, defects, or failures of 911 services whether caused by our negligence or otherwise, shall not exceed the amount of our charges for such services during the affected period of time. This limitation of liability is in addition to any other limitations contained in this Agreement.
Service Outage Due to Suspension of Your Account. You acknowledge and agree that a service outage due to suspension of your account as a result of billing issues will prevent ALL Service from being provided to you, including any 911 emergency response services.
Potential Limitations. You agree that any 911 calls made using the Service may be subject to network congestion and/or reduced routing or processing speed. If you have Call Forwarding, Do Not Disturb, Simultaneous Ring or other features programmed and in use at the time you dial a 911 call and your call is interrupted, the emergency dispatcher may not be able to call you back at the phone from which you dialed the call.
Additional Service Limitations that Apply in the Event that Frontier Cannot Route Your 911 Call Directly to the Appropriate Emergency Service Provider. If, for any reason, Frontier cannot directly route your 911 call to the appropriate emergency service provider, your 911 call may be routed to an operator. You agree that the operator and/or emergency response center personnel receiving your call may not be able to identify your phone number or the physical address from which you are calling. You will need to state the nature of your emergency promptly and clearly, including your telephone number and location. You agree that the individual answering the call may not be able to call you back or determine your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to provide your phone number and physical location and/or if the Service is not operational for any reason. After you identify your location, the operator will determine the appropriate emergency response center for your location and route you to the general telephone number for that center.
Frontier makes no warranty that Frontier's Digital Voice for access to 911 will be uninterrupted, timely, secure, or error-free or battery backup power will be sufficient to maintain the service throughout any and/or all power outages.
THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. FRONTIER DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. WE DO NOT MANUFACTURE EQUIPMENT OR SOFTWARE, AND YOUR ONLY WARRANTIES OR REPRESENTATIONS, IF ANY, WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE THAT MAY BE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER).
Without limiting any provisions of this notice and the FRONTIER'S DIGITAL VOICE TOS, you agree to defend, indemnify, and hold harmless Frontier, its subsidiaries, affiliates, officers, agents, directors, employees, and any other service provider who furnishes services to you in connection with the Frontier's Digital Voice service, from any and all claims, losses (including loss of profits or revenue), liabilities, damages, fines, penalties, demands, actions, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of you or any third party or user of the Frontier's Digital Voice service, regardless of the nature of the claim, including without limitation claims related to 911 dialing, arising from or in connection with any failure or outage of Frontier's Digital Voice or any failure or outage of the 911 network itself.
Arbitration Provision which applies to you and your use of Frontier services
***PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS ***
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. In the unlikely event that you are not able to resolve your concerns through our Customer Service department, you and Frontier each agree to resolve all disputes through binding arbitration or a small claims court rather than lawsuits in courts of general jurisdiction, 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 attorney's fees if the law allows. For any non-frivolous claim that does not exceed $75,000, Frontier will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from Frontier for your own dispute to the same extent as you would be in court. In addition, under certain circumstances (as explained below), Frontier will pay you more than the amount of the arbitrator's awards if the arbitrator awards you an amount that is greater than what Frontier has offered you to settle the dispute.
(a) You and Frontier agree to arbitrate all disputes and claims between us related to or associated with the Service. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is 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. It also includes claims that currently are the subject of class action or purported class action litigation in which you are not a member of a certified class. References to "Frontier," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Frontier Broadband Services under this or prior Agreements between us.
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 each agree to 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 claim 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.
This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision, even after the Agreement is terminated.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Frontier should be addressed to: Frontier Communications, Legal Department, 401 Merritt 7, Norwalk, CT 06851 ("Notice Address"). The Notice must (1) describe the nature and basis of the claim or dispute, and (2) set forth the specific relief sought ("Demand"). If Frontier and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Frontier may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Frontier or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Frontier is entitled.
(c) The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by the terms of this Agreement, and will be administered by the AAA. Procedure, rule and fee information is available from the AAA online at http://www.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, including the scope, interpretation, and enforceability of section (f) below, are for a court to decide. If your claim is for $25,000 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 $25,000, the right to a hearing will be determined by the AAA Rules. Unless Frontier and you agree otherwise, any in person hearings will take place at a location that the AAA selects in the state of your primary residence unless you and Frontier agree otherwise. 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 ("AAA fees") for claims for damages of up to $75,000 and for claims for non-monetary relief up to the value of $75,000, as measured from either your or Frontier's perspective (but excluding attorneys' fees and expenses). After Frontier receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the AAA. If you are unable to pay this fee, Frontier will pay it directly upon receiving a written request.) 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). In such case, the payment of AAA fees will be governed by the AAA Rules, and you agree to reimburse Frontier for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorneys' fees and expenses), as measured from either your or Frontier's perspective, the payment of AAA fees will be governed by the AAA Rules.
(d) 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 last written settlement offer, then Frontier will pay you the amount of the award or $5,000 ("the alternative payment"), whichever is greater. If Frontier does not offer to settle your dispute prior to appointment of the arbitrator, and the arbitrator awards you any relief on the merits, then Frontier agrees to pay you the amount of the award or the alternative payment, whichever is greater. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
(e) 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.
(f) You and Frontier agree to seek, and further agree that the arbitrator may award, 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 seeks any nonmonetary relief, including injunctive or declaratory relief, the arbitrator may award relief on an individual basis only, and may not award relief that affects 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. FURTHERMORE, UNLESS BOTH YOU AND FRONTIER AGREE OTHERWISE IN WRITING, 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. If a court decides that applicable law precludes enforcement of any of this paragraph (f)'s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. 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.
(g) Notwithstanding any provision in this Agreement to the contrary, you and Frontier agree that if Frontier makes any change to this arbitration provision during the period of time that you are receiving Frontier services, you may reject that change by providing Frontier with written notice within 30 days of the change to the Notice Address provided in (b) above 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.
Frontier Digital Voice 911 Acknowledgement
This acknowledgement applies to both Frontier VoIP and FiOS Voice (referred to herein simply as "Frontier's Digital Voice"). There are significant differences between accessing 911 service using service using traditional wireline telephone service.
Historically, telephone service primarily has been powered by electrical power within the telephone network. By contrast, Frontier's Digital Voice is powered in part by electrical power in your service location. Frontier provides a battery backup unit at the point where the electrical power is required in most markets. It is your responsibility to ensure the battery remains charged and to replace the battery periodically.
Your backup battery or batteries may be in different locations, depending on your network configuration:
a. Residential Gateway (RG) You may have an RG, which is inside your service location near your primary computer or television set. It requires service location-provided electrical power, and has an attached or integrated backup battery.
b. Optical Network Terminal (ONT) You may have an ONT, which is a box typically located on the side of your house or in your garage. Depending on the type of ONT installed, it may have an internal backup battery or an optional external battery backup unit, which powers the ONT.
During a power outage, you will not be able to make or receive calls, including 911 calls, unless you have a functioning backup battery. To conserve battery power for Frontier's Digital Voice, DO NOT use any Frontier service other than Frontier's Digital Voice during a power outage. Frontier recommends that you use a corded phone with Frontier's Digital Voice during a power outage. (Cordless phones as well as telecommunications devices used to assist customers with disabilities require electrical power to work and may not be equipped with backup batteries.) Frontier also recommends that you always have an alternative means of accessing 911 during a power outage, such as a traditional wireline phone or cellphone.
Checking Your Battery:
A backup battery unit will not function properly if the battery is not charged or the battery is not replaced periodically. Batteries lose their functionality over time due to a variety of reasons, including age, corrosion, and weather and temperature extremes. Therefore, you should periodiically check your Frontier's Digital Voice battery, and replace it as necessary, to insure that it has sufficient charge in order it to provide backup power in case of a power outage.
Checking the Battery Level and Replacement
Depending on the type of battery backup unit you have, you can check the battery level by monitoring the battery level indicator on the battery backup unit itself, on the RG/ONT, or using a battery test strip. If the indicator shows a low battery, contact Frontier or the manufacturer to request a replacement at a nominal charge.
Frontier's Digital Voice may be provided to you over a broadband (Internet Protocol or "IP") network. If there is a broadband network outage, your Frontier's Digital Voice service will not function and you will not be able to make 911 calls with this service.
Please note that Frontier's Digital Voice will work only in your service location. You will not be able to make any calls, including 911 calls, from any other location, even if you move your Frontier's Digital Voice service equipment to the new location.