OMNIPOINT AGREEMENT FOR RESIDENTIAL SERVICES
ABOUT THIS AGREEMENT, OUR SERVICES, AND YOUR RIGHTS
OMNPOINT® Service(s) will be provided to you (“you,” “your,” or “Customer”) on the terms and conditions set forth in this Agreement for Residential Services (the “Agreement”) and applicable law by the operating company subsidiary of Omnipoint Corporation that (i) owns and/or operates the cable television system in your area and/or (ii) the subsidiary that is the OMNPOINT Digital Voice service provider or Unlimited Select and Local Select service provider (“Omnipoint,” “we,” “us,” or “our”). For purposes of this Agreement, “affiliate” means any entity that controls, is controlled by or is under common control with Omnipoint Technology Corporation. Service(s) may include, but are not limited to, OMNPOINT TV cable television service (“OMNPOINT Video”), OMNPOINT Internet service including OMNPOINT WiFi (“OMNPOINT Internet”), and OMNPOINT Voice or Unlimited Select and Local Select service (herein collectively “OMNPOINT Voice” WITH LIMITED EXCEPTIONS FOR UNLIMITED SELECT AND LOCAL SELECT AS OTHERWISE INDICATED BELOW) (each a “Service” and
collectively the “Services”). The Service(s) do not include Omnipoint owned or controlled websites such as Omnipointwireless.com, OmnipointTVNOW.com, Omnipointtechnology.com, or OMNPOINTPHONE.com. Those websites have their own terms of service and policies that are accessible directly from those sites.
We may change our prices, fees, the Service(s) and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies
otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the “Effective Date”) of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
Note: This Agreement contains a binding arbitration provision in Section 13 that affects your rights under this Agreement with respect to all Service(s). These terms and conditions are subject to applicable tariffs and service guides.
GENERAL TERMS AND CONDITIONS
1. ACCEPTANCE OF THIS AGREEMENT
You will have accepted this Agreement and be bound by its terms if you use the Service(s) or otherwise indicate your affirmative acceptance of such terms.
2. CHARGES AND BILLINGS
a. Charges, Fees, and Taxes You Must Pay. You agree to pay all charges associated with the Service(s), including, but not limited to, installation/service call charges, monthly service charges, OMNPOINT Equipment (as defined below) charges, measured and per-
call charges, applicable federal, state, and local taxes and fees (however designated), regulatory recovery fees for municipal, state and federal government fees or assessments imposed on Omnipoint, permitted fees and cost recovery charges, or any programs
in which Omnipoint participates, including, but not limited to, public, educational, and governmental access, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and programs supporting the 911/E911 system and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Service(s). YOU WILL BE RESPONSIBLE FOR PAYING ANY GOVERNMENT IMPOSED FEES AND TAXES THAT BECOME
APPLICABLE RETROACTIVELY. We will provide you with notice and an effective date of any change in our prices or fees, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees, or assessments, in which case we may
elect not to provide notice except where required by applicable law. Not all fees apply to all Service(s).
• For OMNPOINT Internet Customers. OMNPOINT Internet price information is available at www.Omnipointwireless.com (or an alternative site if we notify you).
• For OMNPOINT Voice Customers. OMNPOINT Voice price information is available at www.Omnipointtechnology.com (or an alternative site if we notify you).
• For Minimum Term Customers. If you have agreed to a minimum term arrangement, your price for Service(s) is as specified in the minimum term arrangement.
OR ALL OF THE SERVICE(S), THE FIRST MONTH’S SERVICE CHARGES, OMNPOINT EQUIPMENT CHARGES, ANY DEPOSITS, AND ANY INSTALLATION CHARGES. Your
first bill may include pro-rated charges from the date you first begin receiving Service(s), as well as monthly recurring charges for the next month and charges for non-recurring services you have received. You may be billed for some Service(s) individually after they have been provided to you; these include measured and per-call charges (as explained below) and charges for pay-per-view movies or events, interactive television, and
e-commerce. If you receive Service(s) under a promotion, after the promotional period ends, regular charges for the Service(s) will apply.
We do not waive our rights to collect the full balance owed to us by accepting partial payment. We will apply the partial payment to the outstanding charges in the amounts and proportions that we determine.
• For OMNPOINT Voice Customers. If you pay a flat monthly fee for your calling plan, that fee may not cover certain types of calls. You will be billed for these excluded call types on a per-call basis (e.g., operator services) or a measured basis (e.g., international calls).
Generally, for billing purposes, a measured call begins when the call is answered by the called party or an automated answering device (such as an answering machine or fax machine); it ends when one of the parties disconnects the call. 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 Omnipoint, its affiliates, or suppliers as if your call were answered by the called party, Omnipoint will charge you for a completed call.
Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. If the charge for a measured call or for taxes or surcharges
includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. See www.Omnipointphone.com for information on per-call charges and the timing of measured-call charges.
If your usage charges for OMNPOINT Voice exceed typical residential usage charges, we may: (i) require you to make advance payments for OMNPOINT Voice, which we may
offset against any unpaid balance on your account; (ii) establish a credit limit for usage charges for OMNPOINT Voice and/or features; and/or (iii) restrict OMNPOINT Voice or features. If you exceed your credit limit, we reserve the right to suspend OMNPOINT Voice and require payment for usage charges assessed to your account.
Our paper bills for OMNPOINT Voice contain only a summary of charges. Detailed information is available for a limited period at a password-protected portion of our website. You may call 1-844-764-6800 for a paper copy of outbound toll call records related to your most recent bill. There may be an additional charge for these paper copies except as otherwise required by applicable law.
offerings via the Internet or interactive options on your OMNPOINT Video Service that are separate and apart from the amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions.
d. Alternative Billing Arrangements. Omnipoint may agree to provide billing services on behalf of third parties, as the agent of the third party. Any such third-party charges shall be payable pursuant to any contract or other arrangement between you and the third party. We will not be responsible for any dispute regarding these charges between you and any third party. You must address all such disputes directly with the third party.
f. Our Remedies if You Pay Late or Fail to Pay.
1. Late or Non-Payments: You may be billed fees, charges, and assessments related to late or non-payments if for any reason (a) Omnipoint does not receive payment for the Service(s) by the payment due date or (b) you pay less than the full amount due for the Service(s).
• For Maryland Customers. YOU WILL BE ASSESSED A LATE FEE OF 10% PER MONTH FOR ANY PAYMENT AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 45 DAYS FROM THE DATE THE INVOICE WAS SENT, EXCEPT IN GARRETT AND ALLEGANY COUNTIES AND HANCOCK, MD. No more than
three (3) monthly late fees will be imposed for any single payment amount that is past due, regardless of the period during which the payment remains past due.
• For Garrett and Allegany County, Maryland Customers. YOU WILL BE ASSESSED A LATE FEE OF $4.95 PER MONTH FOR EACH ACCOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 45 DAYS FROM THE DATE THE INVOICE WAS SENT.
$2.00 PER MONTH FOR EACH ACCOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 45 DAYS FROM THE DATE THE INVOICE WAS SENT.
2. Fees Not Considered Interest or Penalties: Omnipoint does not anticipate that you will fail to pay for the Service(s) on a timely basis, and we do not extend credit to
customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Service(s) on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.
3. Collection Costs: If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or court costs.
4. Suspension/Disconnect: If you fail to pay the full amount due for any or all of the Service(s) then Omnipoint, at its sole discretion in accordance with and subject to applicable law, may suspend or disconnect any or all the Service(s) you receive.
Service(s) after disconnection, we may require you to pay an installation fee and/or service activation fee. These fees are in addition to all past due charges and other fees. Reconnection of the Service(s) is subject to our credit policies, this Agreement and applicable law.
h. Our Right to Make Credit Inquiries. YOU AUTHORIZE OMNIPOINT TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING YOU TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES. Omnipoint will not discriminate in the application of its credit inquiries and deposit policy on the basis of race, color, sex, creed, religion, nationality, sexual orientation, or marital status. Any risk assessments conducted by either Omnipoint or its third party credit bureau will be done in conformance with the requirements of all applicable state or federal laws.
i. Your Responsibilities Concerning Billing Questions. Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact Omnipoint within sixty
(60) days of the date on the bill. You waive any disputes or credits that you do not report within sixty (60) days.
• For Sacramento, California Customers. If there are any billing errors or other requests for credit, you must bring those to our attention within sixty (60) days of the time you receive the bill for which you are seeking correction, unless applicable law provides for a longer period which cannot be waived or otherwise modified. We will investigate and respond to all complaints within five (5) business days of the receipt of the complaint. In some cases, an investigation might require a search of historical records that could take up to 14 business days. If you believe a payment was made
which was not credited to your account, a copy of a cancelled check or money order may be required and the disputed amount will be set aside for up to fourteen (14) days while you gather that documentation.
3. REFUNDABLE DEPOSIT
We may require you to pay a refundable deposit when you activate the Service(s), if you add OMNPOINT Equipment and/or Service(s) or if you fail to pay any amounts when they are due. If we disconnect your Service(s) or are otherwise required under applicable law to refund the deposit, we shall within forty-five (45) days or as otherwise specified by applicable law return a sum equal to the deposit(s) you paid (without interest unless otherwise required by law) minus any amounts due on your account (including without limitation, any amounts owed for the Service(s) or for any OMNPOINT Equipment that is damaged, altered, or not returned).
4. CHANGES TO SERVICES
Subject to applicable law, we have the right to change our Service(s), OMNPOINT Equipment and rates or charges, at any time with or without notice. We also may rearrange, delete, add to, or otherwise change programming or features or offerings contained in the Service(s), including, but not limited to, content, functionality, hours of availability, customer equipment requirements, speed, and upstream and downstream rate limitations. If we do give you notice, it may be provided on your monthly bill, as a bill insert, e-mail, in a newspaper or other communication permitted under applicable law. If you find a change in the Service(s)
unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the change, this will constitute your acceptance of the change.
5. ACCESS TO YOUR PREMISES AND CUSTOMER EQUIPMENT
- Premises. You agree to allow us and our agents the right to enter your property at which the Service(s) and/or OMNPOINT Equipment will be provided (the “Premises”) at reasonable
- Customer Equipment. “Customer Equipment” means software, hardware or services that you elect to use in connection with the Service(s) or OMNPOINT Equipment. You agree to allow us and our agents the rights to insert cable cards and other hardware in the Customer Equipment, send software, firmware, and/or other programs to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment and OMNPOINT Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. If you are not the owner
times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Service(s) and/or OMNPOINT Equipment used to receive any of the Service(s). You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if we ask, the owner’s name, address, and phone number and/ or evidence that the owner has authorized you to grant access to us and our agents to the Premises.
• For California West Bay Area and San Francisco, California Customers. If we fail to keep an appointment, we will credit your account with free installation or service call free of charge if the appointment was for an installation or service call for which a fee was to be charged or a minimum credit of $20.
• For Sacramento, California Customers. If we fail to keep an appointment, we will credit your account with one month of Limited Basic up to a maximum credit equal to one month of the Standard Cable price.
of the Customer Equipment, you are responsible for obtaining any necessary approval from the owner to allow us and our agents access to the Customer Equipment to perform the activities specified above. In addition, you agree to supply us or our agents, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Customer Equipment to perform the activities specified above.
6. MAINTENANCE AND OWNERSHIP OF EQUIPMENT AND SOFTWARE
a. OMNPOINT Equipment. “OMNPOINT Equipment” means any equipment provided by Omnipoint such as gateways, routers, cable modems, voice-capable modems, wireless gateway/ routers, SIMCARDs, converters, digital adapters, remote controls, and any other equipment provided or leased to you by us or our agents, excluding equipment purchased by you from Omnipoint and Customer Equipment. OMNPOINT Equipment also includes any software, firmware, or other programs contained within Customer Equipment or OMNPOINT Equipment. You agree that all OMNPOINT Equipment belongs to us or other third parties and will not be deemed fixtures or in any way part of the Premises. You agree to use OMNPOINT Equipment only for the Service(s) pursuant to this Agreement. We may remove or change the OMNPOINT Equipment at our discretion at any time the Service(s) are active or following the termination of your Service(s). You acknowledge and agree that our addition or removal of or change to the OMNPOINT Equipment may interrupt your Service(s). You may not sell, lease, abandon, or give away the OMNPOINT Equipment, or permit any other provider of
video, broadband Internet (high speed data) or telephone services to use the OMNPOINT Equipment. The OMNPOINT Equipment may only be used in the Premises. At your request, we may relocate the OMNPOINT Equipment in the Premises for an additional charge, at a time
agreeable to you and us. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE OMNPOINT EQUIPMENT OR SERVICE(S) AT A LOCATION OTHER THAN THE PREMISES, THE SERVICE(S) MAY FAIL TO FUNCTION OR MAY FUNCTION
IMPROPERLY. You agree
that you will not allow anyone other than Omnipoint or its agents to service
the OMNPOINT Equipment. We suggest that the OMNPOINT Equipment in your
possession be covered by your homeowners, renters, or other insurance. You will
be directly responsible for loss, repair, replacement and other costs, damages,
fees and charges if you do not return the OMNPOINT Equipment to us in an
b. Customer Equipment.
1. Responsibility: Omnipoint has no responsibility for the operation or support, maintenance, or repair of any Customer Equipment including, but not limited to, Customer Equipment to which Omnipoint or a third party has sent software, firmware, or other programs.
• For OMNPOINT Video, OMNPOINT Internet, and OMNPOINT Voice Customers. You agree by using the Service(s), you are enabling and authorizing (i) Omnipoint, its authorized agents and equipment manufacturers to send code updates to the OMNPOINT Equipment and Customer Equipment, including, but not limited to, cable modems, digital interactive televisions with CableCARDs, and voice-capable modems at any time it is determined necessary to do so as part of the Service(s): and (ii) Omnipoint and its authorized agents to use the OMNPOINT Equipment, Customer Equipment and Inside Wiring connected to our cable network to provide the Service(s) to you and others, including, but not limited to, the OMNPOINT Internet WiFi Home Hotspot (“HHS”). Such code updates may change, add or remove features or functionality of any such equipment or the Service(s).
• For OMNPOINT Internet and OMNPOINT Voice Customers. You can find Omnipoint’s current minimum technical and other requirements for OMNPOINT Internet customers at https://omnipointtechnology.co…
requirements may be located at an alternative site if we so notify you. To use OMNPOINT Voice, you will need a voice-capable modem that meets our specifications. In some areas, we may permit you to use OMNPOINT Voice with a voice-capable modem that you have purchased. Depending on availability in your area, you may have an option to install the voice-capable modem yourself or to have Omnipoint install it for you. You agree to keep the voice-capable modem plugged into a working electrical power outlet at all times. Whether a cable modem, gateway/router, voice-capable modem or other device is owned by you or us, we have the unrestricted right, but not the obligation, to upgrade or change the firmware in these devices remotely or on the Premises at any time that we determine it necessary or desirable in order to provide Service(s) to you in accordance with our specifications and requirements.
• For OMNPOINT Voice Customers. You acknowledge and understand OMNPOINT Voice may not support or be compatible with non-recommended configurations including, but not limited to, voice-capable modems not currently certified by Omnipoint as compatible with OMNPOINT Voice; Customer Equipment, including, but not limited to, non-voice communications equipment, including certain makes or models of alarm and security systems or devices, certain medical monitoring devices, personal emergency alert, and home detention devices, certain fax machines, and certain “dial-up” modems; rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as private branch exchange (PBX) equipment, answering machines, and traditional Caller ID units. In order to use OMNPOINT Voice, you are required to provide certain equipment such as a phone handset or equivalent, inside phone wiring and outlets, and an electrical power outlet. 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 OMNPOINT VOICE VIA THE CORDLESS PHONE. DO NOT ATTEMPT TO CONNECT OMNPOINT VOICE TO INSIDE PHONE WIRING YOURSELF.
In order to use online features of OMNPOINT Voice, where we make those features available, you are required to provide certain hardware, such as a personal computer, software, an Internet browser, and access to the Internet.
Unlimited Select and Local Select Customers. You acknowledge and
understand Unlimited Select and Local Select will not support or be compatible
with: non-recommended configurations including, but not limited to,
voice-capable modems not currently certified by Omnipoint as compatible with
and Local Select; Customer Equipment, including, but not limited to, non-voice communications equipment, including certain alarm and security systems or devices, medical monitoring devices, personal emergency alert, and home detention devices, certain fax machines, and certain “dial-up” modems; rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as private branch exchange (PBX) equipment, answering machines, and traditional Caller ID units. In order to use Unlimited Select and Local Select, you are required to provide certain equipment such as a phone handset or equivalent, inside phone wiring and outlets, and an electrical power outlet. IF THERE IS AN ELECTRICAL POWER OUTAGE TO THE OMNIPOINT NETWORK IN YOUR AREA, YOUR UNLIMITED SELECT AND LOCAL SELECT WILL CEASE TO OPERATE DURING THE OUTAGE, PREVENTING INBOUND OR OUTBOUND COMMUNICATIONS TO OR FROM SYSTEMS OR DEVICES CONNECTED TO UNLIMITED SELECT AND LOCAL SELECT, INCLUDING, BUT NOT LIMITED TO, HOME ALARM OR HOME SECURITY SYSTEMS, MEDICAL MONITORING DEVICES, PERSONAL EMERGENCY ALERT DEVICES
OR HOME DETENTION DEVICES. DO NOT ATTEMPT TO CONNECT UNLIMITED SELECT AND LOCAL SELECT TO INSIDE PHONE WIRING YOURSELF. In order to use
online features of Unlimited Select and Local Select, where we make those features available, you are required to provide certain hardware, such as a personal computer, software, an Internet browser, and access to the Internet.
2. Non-Recommended Configurations: Customer Equipment that does not meet Omnipoint’s minimum technical or other specifications constitutes a “Non-Recommended Configuration.” NEITHER OMNIPOINT NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOU, YOUR PREMISES OR OMNPOINT EQUIPMENT. NEITHER OMNIPOINT NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. Omnipoint reserves the right to deny you customer support for the Service(s) and/or terminate Service(s) if you use a Non-Recommended Configuration.
3. No Unauthorized Devices or Tampering: You agree not to attach or assist any person to attach, any unauthorized device to our cable network, OMNPOINT Equipment or the Service(s). If you make or assist any person to make any unauthorized connection or modification to OMNPOINT Equipment or the Service(s) or any other part of our cable network, we may terminate your Service(s) and recover such damages as may result from your actions.
You also agree that you will not attach anything to the Inside Wiring, OMNPOINT Equipment, or Customer Equipment, whether installed by you or us, which singly or together impairs the integrity of our cable network or degrades our cable network’s signal quality or strength or creates signal leakage.
You also agree that we may recover damages from you for tampering with any OMNPOINT Equipment or any other part of our cable network or for receiving unauthorized Service(s). You agree that it would be difficult, if not impossible, to calculate precisely the lost revenue resulting from your receipt of unauthorized Service(s) or the tampering with OMNPOINT Equipment or our cable network. You therefore agree to pay us as liquidated damages, the sum of $500.00 per device used to receive the unauthorized Service(s) in addition to our cost to replace any altered, damaged, or unreturned OMNPOINT Equipment or other equipment owned by Omnipoint, including any incidental costs. The unauthorized reception of the Service(s) may also result in criminal fines and/ or imprisonment.
• For OMNPOINT
Voice Customers. You will be liable for all authorized and
unauthorized OMNPOINT Voice use at the Premises. You agree to notify us
immediately in writing or by calling 1-844-764-6800 during normal business
hours if your voice-
capable modem has been stolen or your Service(s) 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 theft of your voice-capable modem or unauthorized OMNPOINT Voice use. If you fail to notify us in a timely manner, your Service(s) may be terminated without notice and you may incur additional charges.
c. Inside Wiring. You may install wiring inside your Premises (“Inside Wiring”), such as additional cable wiring and outlets, provided it does not interfere with the normal operations of our cable network. If you have us install Inside Wiring, we will charge you for that service. Regardless of who installed it, we consider the Inside Wiring your property or the property of whomever owns the Premises. Accordingly, you are responsible for the repair and maintenance of the Inside Wiring, unless you and Omnipoint have agreed otherwise in writing. (If you do not own the Premises, contact your landlord or building manager about
the installation, repair or maintenance of Inside Wiring.) If you have us repair or maintain the Inside Wiring, we will charge you for that service.
• For Sacramento, California Customers. Omnipoint will be responsible to repair any defects of the Inside Wiring installed by Omnipoint for thirty (30) days after new residential video installations.
• For OMNPOINT Voice Customers. Except as described below, you may use OMNPOINT Voice with your telephone Inside Wiring, as long as we have reasonable access to it and you have the right to give us access to it. If you wish to have your voice-capable modem connected to your telephone Inside Wiring, you are advised to have a Omnipoint technician perform the installation. To make that connection, we must first disconnect
your telephone Inside Wiring from the network of your existing telephone provider, which may disable any services you receive from them. If you install OMNPOINT Voice yourself (where self-installation is an option), you should connect the voice-capable modem to a cordless phone, not directly to your telephone Inside Wiring. If the voice-capable modem is connected to your telephone Inside Wiring without first disconnecting the wiring from any existing telephone provider’s network, the voice-capable modem may be damaged and/or OMNPOINT Voice may not operate properly.
- End User Software Licenses. Your use of the software, firmware, and other programs contained within the OMNPOINT Equipment, and of any other software or plug-ins to such software distributed or used in connection with the Services shall comply with the terms of the Omnipoint Software License Agreement ( www.Omnipointtechnology.com) and any
OMNPOINT Internet Customers. The Omnipoint
Acceptable Use Policy (“AUP”) and other policies concerning OMNPOINT
Internet are posted at www.omnipointtechnology.com (or an
alternative website if we so notify you). You further agree that Omnipoint may
modify the AUP or other policies from time to time. Notwithstanding anything to
the contrary in this Agreement, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS OF THE
AUP AND ANY OTHER APPLICABLE OMNIPOINT POLICIES MAY BE PUT INTO EFFECT OR
REVISED FROM TIME TO TIME WITH OR WITHOUT NOTICE BY POSTING A NEW VERSION OF
THE AUP OR POLICY AS SET FORTH ABOVE. YOU AND OTHER USERS OF THE SERVICE(S)
SHOULD CONSULT THE AUP AND ALL POSTED POLICIES REGULARLY TO CONFORM TO THE MOST
- For OMNPOINT Voice Customers. The Omnipoint Acceptable Use Policy for Residential Voice Services (“Voice AUP”) is posted at www.omnipointtechnology.com(or an alternative website if we so notify you). OMNIPOINT RESERVES THE RIGHT TO LIMIT OR BLOCK ANY OMNPOINT VOICE USAGE AS OMNIPOINT DEEMS NECESSARY TO PREVENT HARM TO ITS NETWORK, FRAUD, OR OTHER ABUSE OF OMNPOINT VOICE SERVICES. You agree the voice-capable modem and OMNPOINT Voice will only be used at the Premises, except that certain online features may be accessible from locations other than the Premises. You understand and acknowledge that if you improperly install the OMNPOINT Equipment or OMNPOINT Voice at another location in the Premises, then OMNPOINT Voice, including, but not limited to, 911/E911, may fail to function or may function improperly. If you move the voice-capable modem or OMNPOINT Voice to another location without notifying us, you do so in violation of this Agreement and at your own risk. You agree not to use OMNPOINT Voice for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for any other use that results in usage inconsistent with normal residential calling patterns. If we determine, in our sole discretion, that your use of OMNPOINT Voice is in violation of this Agreement, we reserve the right (1) to terminate or modify immediately and without notice or (2) to assess additional charges for each month in which such violation occurred.
other end user license agreements accompanying such software, as such agreements may be amended from time to time. All such agreements are incorporated in this Agreement by reference. When this Agreement terminates, all end user licenses also terminate; you agree to destroy at that time all versions and copies of all software received by you in connection with the Services.
7. USE OF SERVICES
You agree that the Service(s) and the OMNPOINT Equipment will be used only for personal, residential, non-commercial purposes, unless otherwise specifically authorized by us in writing. You will not use the OMNPOINT Equipment at any time at an address other than the Premises without our prior written authorization. You agree and represent that you will not resell or permit another to resell the Service(s) in whole or in part. You will not use or permit another to use the OMNPOINT Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted Omnipoint policy applicable to the Service(s). Use
of the OMNPOINT Equipment
or Service(s) for transmission, communications or storage of any information,
data or material in violation of any U.S. federal, state or local regulation or
law is prohibited. You acknowledge that you are accepting this Agreement on
behalf of all persons who use the OMNPOINT Equipment and/or Service(s) at the
Premises and that you shall have sole responsibility for ensuring that all
other users understand and comply with the terms and conditions of this
Agreement and any applicable Omnipoint policies including, but not
limited to, acceptable use and privacy policies. You further acknowledge and
agree that you shall be
solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Service(s). You agree to indemnify, defend and hold harmless Omnipoint and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorneys’ fees) arising out of the use of the Service(s), the OMNPOINT Equipment and/or the Customer Equipment or the breach of this Agreement or any of the applicable Omnipoint policies by you or any other user of the Service(s) at the Premises. You shall not be required to indemnify Omnipoint and its affiliates, suppliers, and agents with respect to third parties use of HHS.
This Agreement and the Service(s) furnished hereunder may not be assigned by you. You agree to notify us immediately of any changes of ownership or occupancy of the Premises. We may freely assign our rights and obligations under this Agreement with or without notice to you.
9. TERMINATION OF THIS AGREEMENT
- Term. This Agreement will be in effect from the time that the Service(s) are activated until
- Termination by You. Unless you have signed a minimum term addendum, you may terminate this Agreement for any reason at any time by notifying Omnipoint in one of three
- Suspension and Termination by Omnipoint. Under the conditions listed below, Omnipoint reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Service(s) and/or to remove from the Service(s) any information transmitted by or to any authorized users (e.g., email or voicemail). Omnipoint may take these actions if it: (1) determines that your use of the Service(s) does not conform with the requirements set forth in this Agreement, (2) determines that your use of the Service(s) interferes with Omnipoint’s ability to provide the Service(s) to you or others, (3) reasonably believes that your use of the Service(s) may violate any laws, regulations, or written and electronic instructions for use, or (4) reasonably believes that your use of the Service(s) interferes with or endangers the health and/or safety of our personnel or third parties. Omnipoint’s action or inaction under this Section shall not constitute review or approval of your or any other users’ use of the Service(s) or information transmitted by or to you or users.
- Your Obligations Upon Termination. You agree that upon termination of this Agreement you will do the following:
(1) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (2) it is replaced by a revised Agreement. If you self-install OMNPOINT Equipment, Service(s) charges begin the earliest of (1) the day on which you picked up OMNPOINT Equipment at our service center, (2) the day you install the Service(s), or (3) five (5) days after the date we ship the OMNPOINT Equipment to you. If you self-install a voice-capable modem, cable modem, or converter you obtained from a source other than Omnipoint, charges begin the day your order for the Service(s) is entered into our billing system. The option to self-install a voice-capable modem, cable modem, or converter and/or to use
a non-Omnipoint-supplied voice-capable modem, cable modem or converter is subject to availability.
ways: (1) send a written notice to the postal address of your local Omnipoint business office;
- send an electronic notice to the e-mail address specified on www.Omnipointwireless.com; or
(3) call our customer service line during normal business hours. Subject to applicable law or the terms of any agreements with governmental authorities, all applicable fees and charges for the Service(s) will accrue until this Agreement has terminated, the Service(s) have been disconnected, and all OMNPOINT Equipment has been returned. We will refund all prepaid monthly service fees charged for Service(s) after the date of termination (less any outstanding amounts due Omnipoint for the Service(s), affiliate services, OMNPOINT Equipment, or other applicable fees and charges).
• For Prince Georges County, Maryland Customers. All applicable fees and charges will accrue until the termination of this Agreement or the date you request the Service(s) to be disconnected, whichever is earlier.
1. You will immediately cease all use of the Service(s) and all OMNPOINT Equipment;
2. Except as provided in Section 9(b) for Prince Georges County Customers, you will pay in full for your use of the Service(s) up to the date that this Agreement has been terminated and the Service(s) are disconnected; and
3. Within ten (10) days of the date on which Service(s) are disconnected, you will return all OMNPOINT Equipment to us at our local business office or to our designee in working order, normal wear and tear excepted. Otherwise, you will be charged the amount set forth in the current pricing lists for such OMNPOINT Equipment, or the revised amount for which you receive notice; if no amount has been specified for the particular model of OMNPOINT Equipment, you will be charged the retail price for a new replacement. You may
also be charged incidental costs that we incur in replacing the OMNPOINT Equipment. Upon our request during regular business hours at a time agreed upon by you and us, you
will permit us and our employees, agents, contractors, and representatives to access the Premises during regular business hours to remove all OMNPOINT Equipment and other material provided by Omnipoint.
• For Prince Georges County, Maryland Customers. Within five (5) business days of the date on which Service(s) are disconnected, you will return all OMNPOINT Equipment to us at our local business office or to our designee in working order, normal wear and tear excepted or make arrangements for Omnipoint to recover the OMNPOINT Equipment. Otherwise, you will be charged the amount set forth in the current pricing lists for such OMNPOINT Equipment, or the revised amount for which you receive notice; if no amount has been specified for the particular model of OMNPOINT Equipment, you will be charged the retail price for a new replacement. You may
also be charged
incidental costs that we incur in replacing the OMNPOINT Equipment. Upon our
request, you will permit us and our employees, agents, contractors, and
representatives to access the Premises during regular business hours to remove
the OMNPOINT Equipment and other material provided by Omnipoint. We will
conduct this removal at a time agreed on by you and us, and you will ensure
that all OMNPOINT
Equipment is returned to Omnipoint.
• For Montgomery County, Maryland OMNPOINT Internet Customers. If you are mobility impaired, upon your request, we will arrange for the pickup or exchange of your cable modem at the Premises.
10. LIMITED WARRANTY
THE OMNPOINT EQUIPMENT AND THE SERVICE(S) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OMNIPOINT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THE OMNPOINT EQUIPMENT OR
THE SERVICE(S) WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER OMNIPOINT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
11. LIMITATION OF OMNIPOINT’S LIABILITY
a. Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of Omnipoint and its underlying third-party service providers, agents, suppliers, distributors, licensors and business partners (and their respective officers, employees, agents, contractors or representatives) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.
b. Customer Equipment. CUSTOMER EQUIPMENT MAY BE DAMAGED OR SUFFER SERVICE OUTAGES AS A RESULT OF THE INSTALLATION, SELF-INSTALLATION, USE, INSPECTION, MAINTENANCE, UPDATING, REPAIR, AND REMOVAL OF OMNPOINT
EQUIPMENT, CUSTOMER EQUIPMENT AND/OR THE SERVICE(S). EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER OMNIPOINT NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS 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 OMNIPOINT, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
• For OMNPOINT Internet and OMNPOINT Video Customers. YOU UNDERSTAND THAT YOUR COMPUTER OR OTHER DEVICES MAY NEED TO BE OPENED, UPDATED, ACCESSED OR USED EITHER BY YOU OR BY US OR OUR AGENTS, IN CONNECTION WITH THE INSTALLATION, UPDATING OR REPAIR OF OMNPOINT INTERNET OR VIDEO SERVICE(S). THE OPENING, ACCESSING OR USE OF YOUR COMPUTER, OTHER DEVICES USED IN CONNECTION WITH OMNPOINT INTERNET OR VIDEO SERVICE(S) MAY VOID WARRANTIES PROVIDED BY THE COMPUTER OR OTHER DEVICE MANUFACTURER OR OTHER PARTIES RELATING TO THE COMPUTER’S OR DEVICE’S HARDWARE OR SOFTWARE. NEITHER OMNIPOINT NOR ANY OF ITS AFFILIATES,
SUPPLIERS, OR AGENTS, SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
- Other Services or Equipment. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST OMNIPOINT FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE OMNPOINT EQUIPMENT OR THE SERVICE(S) AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICE(S) IN
- Directory Listings. IF WE MAKE AVAILABLE AN OPTION TO LIST YOUR NAME, ADDRESS, AND/OR TELEPHONE NUMBER IN A PUBLISHED DIRECTORY (WHETHER IN PRINT OR ONLINE) OR DIRECTORY ASSISTANCE DATABASE, AND ONE OR MORE OF THE FOLLOWING CONDITIONS OCCURS: (1) YOU REQUEST THAT YOUR NAME,
- 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 Service(s), including without limitation, their services, equipment, infrastructure, or content. Omnipoint is not responsible for the performance (or non-performance) of third-party services, equipment, infrastructure, or content, whether or not they constitute components of the Service(s). Omnipoint shall not be bound by any undertaking, representation or warranty made by an agent, or employee of Omnipoint or of our underlying third-party providers and suppliers in connection with the installation, maintenance, or provision of the Service(s), if that undertaking, representation, or warranty is inconsistent with the terms
- Damages. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER OMNIPOINT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO,
- Customer’s Sole Remedies. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Certain of the above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of Omnipoint and its employees, affiliates, suppliers, agents, contractors, distributors, licensors and business partners is limited to the maximum extent permitted by law.
- Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement;
ACCORDANCE WITH SECTION 9.
d. Software. When you use certain features of the Service(s), such as online features (where available), you may require special software, applications, and/or access to the Internet. Omnipoint makes no representation or warranty that any software or application installed on Customer Equipment, downloaded to Customer Equipment, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Customer Equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Service(s)
if a virus or other harmful feature or software is found to be present on your Customer Equipment. 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 Customer
Equipment, 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 Customer Equipment. NEITHER OMNIPOINT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS 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.
In addition, as part of the installation process for the software and other components of the Service(s), system files on your Customer Equipment may be modified. Omnipoint does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s),
or cause the loss of files. Omnipoint does not represent, warrant, or covenant that the installation of the special software or applications 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 OMNIPOINT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.
e. Disruption of Services. The Service(s) are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service(s) could lead to severe injury to business, persons, property, or environment
(“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Service(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion;
malicious mischief; fire,
flood, lightning, earthquake, wind, ice, extreme weather conditions, or other
acts of God; failure or reduction of power; or any court order, law, act or
order of government restricting or prohibiting the operation or delivery of the
Service(s). In all other cases of an interruption of the Service(s), you shall
be entitled upon a request made within sixty (60) days of such interruption, to
a pro rata credit for any Service(s) interruption exceeding twenty-four
consecutive hours after such interruption is reported to us, or such other
period of time as may be specifically provided by law. Unless specifically
provided by law, such credit shall not exceed the fixed monthly charges for the
month of such Service(s) interruption and excludes all nonrecurring charges,
one-time charges, per call or measured
charges, regulatory fees and surcharges, taxes and other governmental and quasi- governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION
OF SERVICE(S). Any credits provided by Omnipoint are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Omnipoint.
• For Connecticut OMNPOINT Video Customers. In the event of an interruption of OMNPOINT Video of more than twenty four (24) consecutive hours and of which Omnipoint has received actual notice, a credit will be issued to your OMNPOINT Video monthly service charges for the length of time OMNPOINT Video was interrupted.
• For Maine OMNPOINT Video Customers. In the event your OMNPOINT Video services are interrupted for more than six (6) consecutive hours in a thirty (30) day period, you may request a pro-rate credit or refund by calling 1-800-OMNPOINT.
• For New York OMNPOINT Video Customers. In the event of an interruption of OMNPOINT Video for at least four (4) hours between 6:00 p.m. and 12:00 a.m., except for emergency notice events, a credit equal to one day will be issued to your OMNPOINT Video monthly service charges. If your OMNPOINT Video is interrupted for less than four (4) hours or outside of the hours of 6:00 p.m. and 12:00 a.m., please call 1-800-OMNPOINT to request a credit.
• For Vermont OMNPOINT Video Customers. In the event of an interruption of OMNPOINT Video for more than twenty-four (24) consecutive hours and of which Omnipoint has received actual notice, Omnipoint will issue a credit to your OMNPOINT Video monthly service charges for the total period of the interruption in an amount proportionate to your regular monthly service charge. If Omnipoint has not been made aware of the interruption, you must call 1-800-OMNPOINT to request a credit.
• For Montgomery County, Maryland.
OMNPOINT Video Customers. Under its franchise with Montgomery County, Maryland, Omnipoint has the following rebate policy: In the event of a OMNPOINT Video Service interruption (loss of picture or sound of one or more channels to any customer) Omnipoint shall repair the OMNPOINT Video Service interruption as soon
as possible. This obligation is satisfied if Omnipoint offers you the next available repair appointment within the 24-hour period following the OMNPOINT Video Service interruption, or at your request, to a mutually convenient later time for the repair call, and successfully repairs the OMNPOINT Video Service interruption during the agreed upon appointment. If the Service interruption is not repaired at the time of the scheduled appointment, you will receive a credit of 10% of your normal monthly bill for OMNPOINT Video for each 24-hour period, or segment thereof, that the Service
interruption continues beyond the scheduled repair call. You may contact Omnipoint at (888) 788-8549.
OMNPOINT Internet Customers. Under its franchise with Montgomery County, Maryland, Omnipoint has the following rebate policy: In the event of a Service interruption of OMNPOINT Internet (loss of cable modem service) Omnipoint shall repair the OMNPOINT Internet Service interruption as soon as possible. This obligation is satisfied if Omnipoint offers you the next available repair appointment within the
24-hour period following the OMNPOINT Internet Service interruption, or at your request, to a mutually convenient later time for the repair call, and successfully repairs the OMNPOINT Internet Service interruption during the agreed upon appointment. If the OMNPOINT Internet Service interruption is not repaired at the time of the scheduled appointment, you will receive a prorated credit for each 24-hour period, or segment thereof, that the OMNPOINT Internet Service interruption continues beyond the scheduled repair call. You may contact Omnipoint at (888) 788-8549.
Prince Georges County, Maryland Customers. In the event of a OMNPOINT
Video Service interruption (loss of picture or sound of one or more channel to
any customer) lasting between two (2) and six (6) hours, you shall be entitled
upon request, to a pro- rata credit for such OMNPOINT Video Service interruption.
In the event of a OMNPOINT Video Service interruption lasting between six (6)
and twenty-four (24) consecutive hours,
you shall be entitled to a pro-rata credit equal to one day of your monthly OMNPOINT Video Service charge.
• For New Jersey Customers. Omnipoint will issue credit for OMNPOINT Video Service outages or service interruptions in accordance with N.J.A.C. 14:18-3.5.
• For OMNPOINT Voice Customers. You understand and acknowledge that you will not be able to use OMNPOINT Voice under certain circumstances, including, but not limited to, the following: (1) if our network or facilities are not operating or (2) if normal electrical power to the voice-capable modem is interrupted and the voice-capable modem does not have a functioning battery backup. You also understand and acknowledge that
the performance of a battery backup is not guaranteed. If the battery backup does not provide power, OMNPOINT Voice will not function until normal power is restored. You also understand and acknowledge that Omnipoint does not support priority restoration of OMNPOINT Voice. You also understand and acknowledge that you will not be able to use online features of OMNPOINT Voice (where available), under certain circumstances including, but not limited to, the interruption of your Internet connection.
ADDRESS AND/OR PHONE NUMBER BE OMITTED FROM A DIRECTORY OR DIRECTORY ASSISTANCE DATABASE, BUT THAT INFORMATION IS INCLUDED IN EITHER OR BOTH;
(2) YOU REQUEST THAT YOUR NAME, ADDRESS AND/OR PHONE NUMBER BE INCLUDED IN A DIRECTORY OR DIRECTORY ASSISTANCE DATABASE, BUT THAT INFORMATION IS OMITTED FROM EITHER OR BOTH; OR (3) THE PUBLISHED OR LISTED INFORMATION FOR YOUR ACCOUNT CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE AGGREGATE LIABILITY OF OMNIPOINT AND ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL NOT EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO OMNIPOINT TO LIST, PUBLISH, NOT LIST, OR NOT PUBLISH THE INFORMATION FOR THE AFFECTED PERIOD. YOU SHALL HOLD HARMLESS OMNIPOINT AND ITS AFFILIATES, SUPPLIERS OR AGENTS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE ERRORS AND OMISSIONS REFERENCED ABOVE.
of this Agreement. In addition, you understand that you will have access to the services and content of third parties through the Service(s), including without limitation that of content providers [whether or not accessible directly from the Service(s)]. Omnipoint is not responsible for any services, equipment, infrastructure, and content that are not provided by us [even if they are components of the Service(s)], and we shall have no liability with respect to such services, equipment, infrastructure, and content. You should address questions or concerns relating to such services, equipment, infrastructure, and content to the providers of such services, equipment, infrastructure, and content. We do not endorse or warrant any third-party products, services, or content that are distributed or advertised over the Service(s).
TRESPASS, CONVERSION, TORT OR CONTRACT) HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES,
PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (a) YOUR RELIANCE ON OR USE OF THE OMNPOINT EQUIPMENT OR THE SERVICE(S); (b) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF THE SERVICE(S) (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE(S), THE OMNPOINT EQUIPMENT, OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL, OR OTHER INFORMATION OR DATA); (c) THE USE OF OMNPOINT EQUIPMENT OR CUSTOMER EQUIPMENT TO PROVIDE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM OTHERS ACCESSING CUSTOMER EQUIPMENT,OMNIPOINT’S NETWORK, OR THE CONTENTS OF YOUR TRANSMISSIONS MADE THROUGH THE SERVICE(S), OR
YOUR USE OF FILE SHARING, PRINT SHARING, OR OTHER CAPABILITIES THAT ALLOW OTHERS TO GAIN ACCESS TO YOUR COMPUTER NETWORK. OR
(2) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE OMNPOINT EQUIPMENT OR THE SERVICE(S) BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
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.
12. INDEMNIFICATION AND LIABILITY OF CUSTOMER
YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS OMNIPOINT AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND BUSINESS PARTNERS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED
BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICE(S) OR OMNPOINT EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY,
COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE(S) OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (c) ANY CLAIMS OR DAMAGES ARISING
OUT OF THE LACK OF 911/E911 OR DIALING ASSOCIATED WITH A HOME SECURITY, HOME DETENTION, OR MEDICAL MONITORING SYSTEM; AND (d) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.
13. BINDING ARBITRATION
a. Purpose. If you have a Dispute (as defined below) with Omnipoint that cannot be resolved through an informal dispute resolution with Omnipoint, you or Omnipoint may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts.
b. Definitions. The term “Dispute” means any dispute, claim, or controversy between you and Omnipoint regarding any aspect of your relationship with Omnipoint, whether
based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be
enforced. As used in this Arbitration Provision, “Omnipoint” means Omnipoint and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
- Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY OMNIPOINT IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY BY MAIL TO OMNIPOINT 235 EASTERN AVENUE, SPRINGFIELD, MA. 01109, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO OMNIPOINT MUST INCLUDE YOUR NAME, ADDRESS AND OMNIPOINT ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO
- Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Omnipoint elect to resolve your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may open a case with the American Arbitration
- Arbitration Procedures. Because the Service(s) provided to you by Omnipoint concerns interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from Omnipoint may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration shall be applicable under this Arbitration Provision.
- Location of Arbitration. The arbitration will take place at a location convenient to you in the area where you receive the service from us.
- Payment of Arbitration Fees and Costs. OMNIPOINT WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN OMNIPOINT’S FAVOR, YOU SHALL REIMBURSE OMNIPOINT FOR THE FEES AND COSTS ADVANCED TO
- Severability. If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court.
- Continuation. This Arbitration Provision shall survive the termination of your Service(s) with Omnipoint.
NOT WISH TO RESOLVE DISPUTES WITH OMNIPOINT THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH OMNIPOINT OR THE DELIVERY OF SERVICE(S) TO YOU BY OMNIPOINT. IF YOU HAVE PREVIOUSLY NOTIFIED OMNIPOINT OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Association – Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Commercial Arbitration Rules of the American Arbitration Association “AAA.”
If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Omnipoint. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If an award granted by
the arbitrator exceeds $75,000, either party can appeal that award to a
three-arbitrator panel administered by the same arbitration organization by a
notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal.
The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
1. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH YOU MUST CONTACT OMNIPOINT WITHIN SIXTY (60) DAYS AS PROVIDED IN SECTION 2 OF THIS AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR
LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF
OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS.
YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE OMNIPOINT FOR ANY OF THE FEES AND COSTS ADVANCED BY OMNIPOINT. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, OMNIPOINT WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and Omnipoint have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
j. Exclusions from Arbitration. YOU AND OMNIPOINT AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY OMNIPOINT THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND
WHOSE AMOUNT IN
CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO
ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S
INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM
ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; (4) ANY
DISPUTE THAT ARISES BETWEEN OMNIPOINT AND ANY STATE OR LOCAL REGULATORY
AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT
A FRANCHISE UNDER 47 U.S.C. § 522(9);
AND (5) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
• For New York OMNPOINT Video Customers. You may elect to resolve a Dispute through the New York Public Service Commission in accordance with NYCRR 16§890.709(a) and NYCRR 16§709(c).
14. CUSTOMER PRIVACY NOTICE AND SECURITY
- Omnipoint will provide you with a copy of our customer privacy notice at the time we enter into an agreement to provide any Service(s) to you, and annually afterwards, or as
- To the extent Omnipoint is expressly required to do so by applicable law, we will provide notice to you of a breach of the security of certain personally identifiable information about you. It is Omnipoint’s information security policy to provide such notice to you in the manner set forth in Section 16.
otherwise permitted by law. You can view the most current version of our privacy notice by going to www.Omnipointtechnology.com
- Entire Agreement. This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between you and Omnipoint with respect to the subject matter of this Agreement, and replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in
- Additional Representations and Warranties. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:
- Age: You are at least 18 years of age.
- Information Provided to Third Parties. Omnipoint is not responsible for any information provided by you to third parties, and this information is not subject to the privacy provisions of this Agreement or the privacy notice for the Service(s). In addition you are responsible for controlling access to any OMNPOINT Equipment and any other device you use to access the Services (“Connected Device”). You assume all privacy, security, and other risks associated with providing any individual with access to a Connected Device or providing any information, including CPNI or personally identifiable information, to third parties
- Protection of Omnipoint’s Information and Marks. The Service(s), OMNPOINT Equipment and related documents are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of Omnipoint and its affiliates are and shall remain the exclusive property of Omnipoint. Nothing in this Agreement shall grant you the right or license to use any of the marks.
OMNPOINT Internet and OMNPOINT Voice Customers. Omnipoint
may deliver any required or desired notice to you in any of the following ways,
as determined in our sole
- Massachusetts Customers: In addition if you are unsatisfied with our handling of your complaint, you may contact your local franchise authority: the Consumer Division of the
- Connecticut Customers: If you experience a problem with your Service(s), please contact us first and give us an opportunity to resolve your problem. If the matter is not resolved to your satisfaction please contact the Connecticut Department of Utility Control at 1-800-382-4586 (toll free within Connecticut) or 1-860-827-2622 (outside Connecticut) or TDD 1-860-827-2837.
- New York Customers: If you experience a problem with your Service(s), please contact
- New Hampshire and Maine Customers: The Office of the Attorney General Consumer Protection and Antitrust Bureau has the authority to enforce Consumer Protection Laws and provide assistance in the mediation of consumer complaints. Customers should file written complaints concerning any alleged misrepresentations and unfair or deceptive practices of the cable company to:
- Vermont Customers: The Vermont Department of Public Service can provide assistance in the resolution of consumer complaints. Customers should file complaints with the Customer Hotline at 1-800-622-4496.
full force and effect. Omnipoint does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement. Neither the course of conduct between you and Omnipoint nor trade practice shall act to modify any provision of this Agreement.
ii. Customer Information: During the term of this Agreement, you have provided and will provide to Omnipoint information that is accurate, complete and current, including
without limitation your legal name, address, telephone number(s), the number of devices on which or through the Service(s) is being used, and payment data (including without limitation information provided when authorizing recurring payments). You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. Failure to provide and maintain accurate information is a breach of this Agreement.
via the Service(s). For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.
e. Export Laws. You expressly agree to 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. You further expressly agree not to use the Service(s) in any way that violates any provision of such laws or their implementing regulations.
f. Retention of Rights. Nothing contained in this Agreement shall be construed to limit Omnipoint’s rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, Omnipoint and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on Omnipoint’s or its suppliers’ servers or systems. In addition, you may forfeit your account user name and all e-mail, IP and Web space addresses, and voice mail. In the event you cancel OMNPOINT Voice without porting your voice service and the telephone number to another service provider, you will forfeit the telephone number. We shall have no liability whatsoever as the result of the loss of any such data, names, addresses, or numbers.
16. NOTICE METHOD FOR CHANGES TO THIS AGREEMENT
We will provide you notice of changes to this Agreement consistent with applicable law. The notice may be provided on your monthly bill, as a bill insert, in a newspaper, by e-mail, or by other permitted communication. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive the Service(s) after the change, we will consider this your acceptance of the change.
discretion: (1) by posting it on www.omnipointtechnology.com another website about which you have been notified, (2) by sending notice via first class U.S. postal
mail or overnight mail to your Premises; (3) by sending notice to the e-mail address on Omnipoint’s account records, or (4) by hand delivery. You agree that any one of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. Because we may from time to time notify you about important information regarding the Service(s) and this Agreement by these methods, you agree
to regularly check your postal mail, e-mail and all postings www.omnipointtechnology.com or on another website about which you have been notified or you bear the risk of failing to do so.
17. IMPORTANT INFORMATION
If you are unable to get a problem resolved to your satisfaction at your local Omnipoint office, you may write to the Omnipoint Corporate Offices at 235 EASTERN AVENUE, SPRINGFIELD, MA. 01109 with concerns and complaints.
Department of Telecommunications and Cable (DTC) toll free at 1-800-392-6066 or you may write to them at Two South Station, Boston, MA 02110.
us first and give us an opportunity to resolve your problem. If your concerns have not been resolved contact your local government, or call the New York State Public Service Commission (PSC) at 1-800-342-3377, or write to: Customer Service Representative, New York State Public Service Commission, Office of Customer Services,
Three Empire State Plaza, Albany, New York 12223-1350.
Maine – Office of the Attorney General, Department of Consumer Fraud and Antitrust, State House Station #6, Augusta, ME 04333
New Hampshire – Office of the Attorney General, Department of Consumer Fraud and Antitrust, 25 Capital Street, Concord, NH 03301
ADDITIONAL PROVISIONS APPLICABLE TO OMNPOINT INTERNET SERVICE
In addition to the provisions above that are applicable to OMNPOINT Video, OMNPOINT Internet and OMNPOINT Voice, the following are specifically applicable to OMNPOINT Internet Customers.
- INTELLECTUAL PROPERTY RIGHTS
a. Ownership of Addresses. You acknowledge that use of OMNPOINT Internet does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including, but not limited to, Internet Protocol (“IP”) addresses, e-mail addresses, and
Web addresses. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes. Upon termination of an OMNPOINT Internet account, we reserve the right permanently to delete or remove any or all addresses associated with the account.
with the provisions of this Agreement, (2) consent to and authorize Omnipoint, its agents, suppliers, and affiliates to reproduce, publish, distribute, and display the content worldwide and (3) warrant that you have the right to provide this authorization. You acknowledge
that material posted or transmitted using OMNPOINT Internet may be copied, republished or distributed by third parties, and you agree to indemnify, defend, and hold harmless Omnipoint, its agents, suppliers, and affiliates for any harm resulting from these actions.
2. ADDITIONAL LIMITATIONS ON OMNIPOINT’S LIABILITY FOR OMNPOINT INTERNET
RELATING TO ACCESS TO SUCH CONTENT OR MATERIAL BY YOU OR OTHERS. Questions
or complaints regarding
content or material should be addressed to the content or material provider.
You acknowledge that software programs are commercially available that claim to
be able to restrict access to sexually explicit or other objectionable material
on the Internet.
We make no representation or warranty regarding the effectiveness of such programs.
b. Eavesdropping. The public Internet is used by numerous persons or entities including, without limitation, other subscribers to OMNPOINT Internet. As is the case with all
shared networks like the public Internet, there is a risk that you could be subject to “eavesdropping.” This means that other persons or entities may be able to access and/ or monitor your use of OMNPOINT Internet. If you post, store, transmit, or disseminate any
sensitive or confidential information, you do so at your sole risk. NEITHER OMNIPOINT NOR ITS AFFILIATES, SUPPLIERS, OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY YOU. You acknowledge that
software programs are commercially available that claim to be capable of encryption or anonymization. We make no representation or warranty regarding the effectiveness of these programs.
any other equipment you choose to use in connection with the Service(s), including without limitation any data stored on such equipment. NEITHER OMNIPOINT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS
OR PROCEEDINGS RESULTING FROM, ARISING OUT OF, OR OTHERWISE RELATING TO THE USE OF SUCH APPLICATIONS BY YOU, OR THE ACCESS BY OTHERS TO YOUR CUSTOMER EQUIPMENT OR OTHER EQUIPMENT OF YOURS.
on an ongoing basis, the nature and extent of its facilities allocated to support OMNPOINT Internet, including, but not limited to, the amount of bandwidth to be utilized and delivered in conjunction with OMNPOINT Internet.
i. The Terms and Conditions of Sale for Products for OMNPOINT Internet Customers is available at www.Omnipoint.com/termsofservice/termHSI.html.
3. WIRELESS INTERNET ACCESS THROUGH OMNPOINT WIFI
If you subscribe to the OMNPOINT Performance Internet service or above you may also access the Internet and use OMNPOINT Internet wirelessly (“OMNPOINT WiFi”) through our access points, HHS and access points of affiliated companies providing wireless Internet access at no additional charge by using your OMNPOINT user ID and password to log in. If you use an OMNPOINT WiFi access point owned or operated by Omnipoint to access OMNPOINT Internet, including an HHS your use will be subject to the terms of this Agreement, the OMNPOINT WiFi terms of service
and our acceptable use policies. If you use an access point owned or operated by one of our affiliated companies to access the Internet, you may be subject to the terms and conditions and acceptable use policies of our affiliate as well. If you subscribe to OMNPOINT Internet at a level below OMNPOINT Performance Internet service, OMNPOINT WiFi may be made available to you on a trial, sponsored or pay per use basis subject to different terms. Your use of OMNPOINT WiFi indicates your acceptance of the applicable terms. If you do not accept the applicable terms, you should not use OMNPOINT WiFi Service. OMNPOINT WiFi is not available in all locations and availability is subject to change without notice.
ADDITIONAL PROVISIONS APPLICABLE TO OMNPOINT VOICE SERVICE
In addition to the General Terms and Conditions above, the following terms and conditions are specifically applicable to OMNPOINT Voice Customers.
1. SPECIAL NOTICE FOR OMNIPOINT DIGITAL VOICE SUBSCRIBERS: LIMITATIONS OF OMNPOINT VOICE SERVICE
that may differ from the
911/E911 functionality furnished by other providers. As such, it may have
certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU
ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF 911/E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICES. IF YOU HAVE ANY QUESTIONS ABOUT 911/E911, CALL
i. Correct Address: In order for your 911/E911 calls to be properly directed to emergency services, Omnipoint must have your correct Premises address. If you move OMNPOINT Voice to a different address without Omnipoint’s approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/ or OMNPOINT Voice (including 911/E911) may fail altogether. Therefore, you must call
1-800-OMNPOINT before you move OMNPOINT Voice to a new address. Omnipoint will need several business days to update your Premises address in the E911 system so that your 911/E911 calls can be properly directed. All changes in service address require Omnipoint’s prior approval.
ii. Service Interruptions: OMNPOINT Voice uses the electrical power in your home. If there is an electrical power outage, 911 calling may be interrupted if a battery backup in the
associated voice-capable modem is not installed, fails, or is exhausted after several hours. Furthermore, calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/ power failure, or another technical problem.
iii. Suspension and Termination by Omnipoint: You understand and acknowledge that all OMNPOINT Voice, including 911/E911, as well as all online features of OMNPOINT Voice,
where we make these features available, will be disabled if your account is suspended or terminated.
iv.Telephone Number Assignments: The telephone numbers utilized for OMNPOINT Voice are assigned in accordance with applicable federal and state numbering rules. Therefore, OMNPOINT Voice cannot accommodate the assignment of a telephone number outside of the telephone rate center to which that number is appropriately assigned.
911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OMNIPOINT AND ITS AFFILIATES, SUPPLIERS OR AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE(S) RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE(S), INCLUDING THOSE RELATED TO 911/E911.
2. ADDITIONAL OMNPOINT VOICE-SPECIFIC PROVISIONS REGARDING CUSTOMER EQUIPMENT
a. Incompatible Equipment and Services. You acknowledge and understand that OMNPOINT
Voice may not support or be compatible with:
a. Non-Recommended Configurations as defined in Section 6(b) [including, but not limited to, voice-capable modems not currently certified by Omnipoint as compatible with the Service(s)];
b. Certain non-voice communications equipment, including certain makes or models of alarm and home security systems, certain medical monitoring devices, personal
emergency alert, and home detention devices, certain fax machines, and certain “dial- up” modems;
c. Rotary-dial phone handsets, and certain makes and models of other voice-related communications equipment including key systems, private branch exchange (PBX) equipment, answering machines, and traditional Caller ID units;
d. Casual/dial around (10-10) calling; 976, 900, 700, or 500 number calling;
e. 311, 511, or other N11 calling (other than 411, 611, 711, and 911); and
f. Other call types not expressly set forth in our product literature (e.g., outbound shore-to- ship calling); and
service codes such as automatic callback and automatic recall (e.g., *66, *69)
due to compatibility limitations with other carrier signal functions.
3. VOICE-CAPABLE MODEM BACKUP BATTERY
If the voice-capable modem is equipped with a backup battery, such battery is used to provide service during a power outage to your home where power to Omnipoint’s network remains available. The length of time that OMNPOINT Voice will be available during a power outage will depend on the following: (i) the backup battery remains properly installed in the voice-capable modem; (ii) the condition and age of the backup battery; and (iii) the amount of OMNPOINT
Voice usage when the voice-capable modem is utilizing power from the backup battery.
You understand and acknowledge that: (i) the performance of the backup battery is not guaranteed; and (ii) you will not be able to use OMNPOINT Voice if electrical power to the voice- capable modem is interrupted and the voice-capable modem does not have a functioning backup battery. A voice-capable modem backup battery does not power cordless phones or other equipment connected to the telephone line that require electricity from your Premises, such as telecommunications devices used to assist customers with disabilities.
4. TRANSFER OF YOUR PHONE NUMBER(S)
For information about switching to another provider from OMNPOINT Voice and the assignment of telephone numbers related to OMNPOINT Voice Service please call 1-800-OMNPOINT.
5. CUSTOMER INFORMATION
Omnipoint 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 information that is stored on Omnipoint’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 information.
6. INTEGRATED SERVICES
Use of OMNPOINT Voice’s integrated services provided through online portals such as applicable communications center or voice center are governed by the GENERAL TERMS AND CONDITIONS of this Agreement.
7. ADDITIONAL TERMS OF SERVICE
To view additional terms of service applicable to OMNPOINT, please go to http:// www.Omnipointtechnology.com