Terms and Conditions: Frontier Communications of America, Inc.
About These Terms and Conditions
THIS NOTICE DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH FRONTIER WILL PROVIDE ITS CUSTOMERS
WITH SERVICE ("Service") AND REQUIRES THAT ANY DISPUTE BE RESOLVED BY BINDING ARBITRATION ON AN
INDIVIDUAL BASIS RATHER THAN LAWSUITS, JURY TRIALS, OR CLASS ACTIONS, AS EXPLAINED MORE FULLY BELOW.
BY USING FRONTIER SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU
SIGNED AN AGREEMENT WITH A PHYSICAL OR ELECTRONIC SIGNATURE, THAT AGREEMENT SUPERSEDES ANYTHING
INCONSISTENT IN THESE TERMS AND CONDITIONS.
Termination by Customer
You may terminate a service to which you subscribe on a month-to-month basis at any time by notifying us. You remain liable for
payment of all outstanding charges for all services you used and equipment you purchased prior to termination. If you receive special
rates in return for subscribing to multiple services and subsequently unbundle, terminate, or disconnect any of these services at any
time, then we may adjust the rates for the remaining services. A change in your service address or the location to which any service is
provided to you may constitute your termination of that service.
Termination by Frontier
We may interrupt or terminate a service: (1) if you do not honor any provision of these terms and conditions (including payment
obligations to Frontier for these or any other services), (2) if you use a service in a manner that adversely affects service to other
customers or harasses our customers or employees or (3) if you or others use a service to engage in fraud or unlawful conduct or are
suspected of doing so. We may restore such interrupted or terminated service, in our sole discretion, following correction of the violation
and payment of any amounts due, including any restoration charge we assess for restoring your service.
We will bill you monthly for all charges associated with the services or equipment provided. Payment in full is due no later than the due
date indicated on your bill. You are responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in
connection with these services. If you have authorized payment for services or equipment by credit card or by debiting a bank account,
no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any
reason. We may accept late payments, partial payments or any payments marked as being "payment in full" or as being settlement of
any dispute without losing any of our rights under this agreement. You agree to pay costs and fees we incur to collect an unpaid
balance from you including attorney's fees. A reasonable handling charge, not less than $10.00, will be assessed for all checks
returned by the drawee bank for insufficient funds, closed account, apparent tampering, missing signature or endorsement, or any other
insufficiency or discrepancy. Interest at the rate of 1.5% per month (unless a lower rate is prescribed by law, in which event at the
highest rate allowed by law) may be applied in accordance with Frontier's standard credit policy to any unpaid amount commencing 20
days after the statement date.
Credits and Deposits
You authorize us to ask credit reporting agencies for credit information about you. We may, in our discretion, require you to submit a
deposit as security for payment of charges. An additional deposit may be required if either the amount or number of services is
increased or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be
refunded if satisfactory credit has been established or upon termination of service. We reserve the right to apply the deposit to any
amount due and unpaid. We may require a guarantee of payment by an individual or entity approved by us.
We may assign telephone numbers in connection with the service subscribed to. You have no proprietary right to any such identifiers,
and we reserve the right to change them upon notice to you.
Theft and Fraud
If your service or equipment is lost or stolen or fraudulently used, then you are responsible for all usage incurred before we receive
notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such
information and documentation as we may request (including affidavits and police reports).
Dispute Resolution with Frontier by Binding Arbitration
***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 attorneys’ 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 award 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 claims court's authority. In addition, you may bring any issues to the attention of federal,
state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek
relief against us on your behalf. 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.
If required by law, this agreement will be governed by the laws of your state. Otherwise, this agreement will be governed by the laws of
the state of New York, without regard to its choice of law rules.
No Third Party Rights
This agreement shall not provide any third party with a remedy, claim or right of reimbursement.
We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this
Agreement without our consent.
Acts Beyond Our Control
Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power
blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war,
terrorist acts, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes
beyond our reasonable control, except that you must pay for any services used.
If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. Except where this Agreement
specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will
remain in force.
YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM
YOUR USE OF THE SERVICES, FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO
THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEY'S FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR
WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT
LIMITATION OF LIABILITY
OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE
SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT 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.
DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTY REGARDING THE SERVICES AND DISCLAIM 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 AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY
THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER).
ABOUT THESE TERMS AND CONDITIONS
BY USING FRONTIER COMMUNICATIONS OF AMERICA SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS
AND CONDITIONS. IF YOU ARE A NEW CUSTOMER AND DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
DO NOT BEGIN USING THE SERVICES OR EQUIPMENT AND NOTIFY US IMMEDIATELY. WITH RESPECT TO CURRENT
CUSTOMERS, WE MAY CHANGE PRICES, TERMS AND CONDITIONS AT ANY TIME BY GIVING YOU AT LEAST 25 DAYS
NOTICE BY BILL MESSAGE OR OTHER NOTICE UNLESS GUARANTEED BY CONTRACT. YOU ACCEPT THE CHANGES IF
YOU USE THE SERVICES OR EQUIPMENT AFTER YOU RECEIVE OUR NOTICE. YOU WILL STILL BE RESPONSIBLE FOR ALL
CHARGES FOR SERVICE AND EQUIPMENT MADE BEFORE YOU TERMINATED YOUR AGREEMENT. FRONTIER MAY ALSO
WITHDRAW A SERVICE BY GIVING YOU AT LEAST 25 DAYS NOTICE.
These terms and conditions, together with the service order and any applicable tariff, are the entire agreement between you and
Frontier, which may only be amended as described above. These terms and conditions supersede any inconsistent or additional
promises made to you by any of our employees or agents. Interstate rates and charges for each of our products can be found in our
current price list at tariffs.frontiercorp.com. If you do not have internet access, you may call the customer service number on your bill to
request this information.