PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT IS ESPECIALLY IMPORTANT FOR YOU TO READ SECTION 3 (DISPUTE RESOLUTION) CAREFULLY, AS SECTION 3 PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS OR MASS ACTION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM FEDERAL OR STATE AGENCIES.

1. Definitions.

“You” or “Customer” means the person or entity that subscribes to Services or purchases or leases Equipment and anyone who accesses the Services and Equipment provided to you, except as specifically provided in Section 3 (Dispute Resolution) herein.

“We,” “us,” “our,” “Company,” “Windstream” refer to the Windstream legal entities providing Services to you and as identified on your bill.

“Service(s)” refer to any services you have agreed to obtain from us.

“Equipment” means any equipment or accessories you purchase or lease from us or those provided by us for use in any manner in connection with your Services. For ease of reference, Services and Equipment provided by Windstream shall be referred to in this document collectively as “Services.”

“Promotional Terms” mean terms that apply to special offers from time to time. Promotional terms will be specified in your first bill message. Promotional terms may include limited-time promotional pricing, a term commitment and an early termination fee in the event the Service is not installed or maintained, or in the event you disconnect Service prior to the end of the term.

“Service Order” means the form (whether paper or electronic, including online order forms), if any, in which you apply for or make changes to Services and may include the length of time you will subscribe to a Service, rate plans, access charges, fees, taxes and surcharges, choice of long-distance carrier, and the Equipment you have selected.

2. Agreement and Acceptance.

You accept this Agreement and agree to be bound by these Terms and Conditions (“Terms”) by: (a) giving us your written or electronic signature; (b) telling us orally or electronically that you accept (i.e., by clicking the “I Accept” button for online purchases or account changes); or (c) activating, using, or paying for any Services. If you have never used the Services before, and do not wish to be bound by this Agreement, then do not begin using them, and notify us immediately. By accepting this Agreement, you acknowledge that you are 18 years of age or older, are competent to enter into a contract with us, and are authorized to obtain Services or make changes to an existing account.

3. Dispute Resolution.

PLEASE READ THIS CAREFULLY – IT AFFECTS YOUR RIGHTS. This section outlines how disputes between you and Windstream will be resolved through an informal dispute resolution process, individual arbitration, or small claims court.

For purposes of this Dispute Resolution section, references to “Windstream”, “we”, and “us” include our subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. This Dispute Resolution provision shall survive termination of this Agreement.

You and Windstream agree to waive any right to a trial by jury in a court of general jurisdiction and any right to participate in a class or mass action or consolidated action regarding a dispute except as provided in this section. Specifically, you and Windstream agree to waive any right to pursue a dispute by joining a disputed claim with the disputed claim of any other person or entity or to assert a disputed claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding.

Resolving your dispute directly with Windstream within sixty (60) days.

• • If you have a dispute, first, notify Windstream’s Customer Care department at the number listed on your invoice. If the Customer Care department is unable to resolve your dispute, you must submit your dispute in writing at the following address:
  •   2nd Floor, A – 9 I.T Park,
      Sahastradhara Rd, Dehradun, Uttarakhand 248001

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License

Unless explicitly stated otherwise, Windstream and/or its licensors retain the intellectual property rights for all materials on the Windstream website. All rights are reserved. You may access this material for personal use, subject to the restrictions outlined in these terms and conditions.

You must not:

• Republish material from the Windstream website
• Sell, rent, or sub-license material from Windstream
• Reproduce, duplicate, or copy material from Windstream
• Redistribute content from Windstream

This Agreement takes effect on the date of acceptance.

Parts of our website offer users the opportunity to post and exchange opinions and information. Windstream does not filter, edit, publish, or review comments prior to their presence on the website. Comments reflect the views and opinions of the individuals posting them and do not necessarily represent the views of Windstream, its agents, and/or affiliates.

Windstream reserves the right to monitor all comments and to remove any comments that are deemed inappropriate, offensive, or in violation of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the comments on our website and have all necessary licenses and consents to do so.
• The comments do not infringe upon any intellectual property rights of third parties.
• The comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material that invades privacy.
• The comments will not be used to solicit or promote business, custom, or present commercial or unlawful activities.

By posting comments, you grant Windstream a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your comments in any and all forms, formats, or media.