THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF CHARTER VOICE SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE GENERAL TERMS AND CONDITIONS FOR CHARTER RESIDENTIAL SERVICES, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Subscriber's use of Charter VoiceTM Service (also, “Voice Service”) shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Any user who does not agree to be bound by the Terms of Service should immediately stop their use of Charter Voice Service and notify Charter’s Customer Service Department at 1-855-757-7328 to terminate the Service. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. This is a binding legal document (“Agreement”).
Charter regularly updates and amends these Terms of Service. Subscriber should consult Charter’s website www.charter.com to be sure Subscriber remains in compliance.
1. Services Provided: Charter Voice Service provides unlimited calling within the United States, Puerto Rico, Canada, the US Virgin Islands and Guam in accordance with these terms and conditions. Charter Voice Service also offers optional international calling plans for direct-dialed calls made from the Subscriber's home to locations outside of the U.S., Puerto Rico, Canada, the US Virgin Islands and Guam. Subscribers must reside in an area where Charter is authorized to provide Voice Service and where, in Charter’s sole discretion, it is technically and operationally feasible. Residential Voice Service is only intended for use by Subscriber, Subscriber’s family and guests, and persons residing at Subscriber’s residential premises, including persons temporarily subleasing Subscriber’s residential premises.
2. Monthly Service Fee: Subscriber agrees to pay the monthly service charge for Charter Voice Service. Charter reserves the right to increase or decrease the fee for any Services offered. Fees for Charter Voice Service shall be posted in the applicable Price Guide at www.charter.com, under “Terms of Service/Policies.” Charter Voice Service will be terminated in the event the Subscriber does not pay. Certain fees for Charter’s Voice Service are based upon periodic studies that analyze the intrastate, interstate and international minutes of all customers purchasing a bundled Voice Service.
3. Voice Service Features: Charter standard Voice Service is offered with the following features:
a. Calling and Features: Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada, the US Virgin Islands and Guam. Anonymous Call Rejection, Repeat Dialing, Call Forward - Selective, Call Forward - Variable, Call Return, Caller ID, Caller ID on TV, Call Screening, Call Waiting, Call Waiting with Caller ID, Custom Ring, Selective Call Acceptance, Speed Dial 8, Three Way Calling, Directory Assistance, Directory Listed Numbers, Operator Services, Voice Mail, Distinctive Ring, Private Number Service, Speed Dial 30, Call Forwarding - Busy Line, and Call Forwarding - No Answer. Direct dialed calls outside of the U.S., Puerto Rico, Canada, the US Virgin Islands and Guam are available with per-minute charges or with one of Charter’s International Calling Plans. Legacy customers who may subscribe to a plan other than Unlimited LD, can find a description of their plan in the Price Guide.
b. E911: Enhanced 911 (E-911) is a feature of Charter Voice Service that allows emergency operators to automatically receive the telephone number and address of the dialing party.
This E-911 feature has certain requirements in order to operate, as well as certain limitations:
i. The emergency service provider handling the E-911 call, and the address the emergency service provider will see, are linked to the service address Charter has on file when the Subscriber originally signed up for service. If the Subscriber does not correctly identify where the Subscriber's voice modem is actually located, or if the voice modem is moved away from the original service address, the Subscriber's 911 calls may be misdirected to the wrong location or to the wrong emergency service provider.
Therefore, in order to have 911 calls routed correctly, Subscriber agrees not to move the voice modem from the service address at which it was installed by Charter and acknowledges responsibility to promptly notify Charter of any change in service address prior to moving the voice modem.
ii. IMPORTANT – Keeping Your Phone Number When you Move: Please be aware that during the first 72 hours of arriving at Subscriber's new service address, if Subscriber dials 911 from their Charter Voice Service, Subscriber must relay to the emergency service operator the new (current) service address. This is necessary to ensure emergency services are dispatched to Subscriber's new service address and not the old service address in the event the emergency services operator may not have the new Registered Location in their records.
iii. Charter Voice Service does not have its own power supply. If there is a power outage, or if there is a disruption to the cable network or facilities, the Voice Service will not work. Subscriber expressly acknowledges that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services.
iv. If the Subscriber chooses, Subscriber may separately purchase a battery backup for use with the Voice modem by calling Charter at 1-855-757-7328. Each battery backup is designed to provide power for up to 8 hours (or 5 hours of “talk” time) for a power outage at Subscriber’s residence that is not also a network-related outage.
v. In some locations, E-911 service may not yet be available. Such services are dependent on the equipment and facilities of the local governments in which Charter provides Voice Service. In such cases, 911 service will be available and Subscriber will need to convey the location information to the emergency operator.
c. Number of Lines: Subscribers to Charter Voice Service can purchase up to two (2) lines at their service address.
d. Professional Installation: Charter’s Voice Service offers professional installation only. Professional installation includes activation of all existing working phone jacks or the installation and activation of one phone jack if there is not currently a working phone jack in Subscriber’s residence. Additional wiring charges may apply if Subscriber requests additional jacks to be installed or activated. Additional charges may also apply for special construction needed to complete the installation. Charter also provides and installs a voice modem, or Multimedia Terminal Adaptor (MTA), that is used to communicate with our private communications network. Charter does not provide a handset. The Subscriber is responsible for maintaining all inside wire and phones within the home. The subscriber has the option of Charter’s Wire Maintenance repair program that may help avoid costly repair charges. For a low monthly fee, we can provide repair service for your jacks and inside wiring. (The wiring must meet certified technical standards.) Wire maintenance is included in some bundles. For more information about Wire Maintenance Insurance, go online to Charter’s Wire Maintenance plan information. In certain buildings such as multiple dwelling units, Charter’s technicians may not have access to Subscriber's inside wiring located within the multiple dwelling unit. In these instances, Charter has the right to determine how best to wire the Subscriber’s residence, subject to additional applicable charges.
e. International Calling: Charter Voice Service offers a per minute calling plan for direct-dialed calls made from the Subscriber's residence to locations outside of the U.S., Puerto Rico, Canada, the US Virgin Islands and Guam. A Subscriber who chooses to use this service will be charged for direct-dial international calls in addition to the flat monthly recurring rate that the Subscriber pays for Charter Voice Service. Charter’s Voice Service also offers optional flat rate international calling plans for direct-dialed calls made from the Subscriber’s residence to locations outside of the U.S., Puerto Rico, Canada, the US Virgin Islands and Guam. If you choose an international plan, you will be charged a flat monthly fee for direct-dial international calls in addition to the monthly recurring rate that you pay for Voice Service. After your monthly international calling plan minutes are used, unless your plan includes unlimited international calling, each additional minute will be charged at a per minute rate. For both per-minute international calling and international calling plans, calls are measured in increments of one minute. All calls which are a fraction of a minute are rounded up to the next whole minute. Timing on completed calls begins when the call is answered by the called party. Answering is determined when call signaling provided by the terminating local carrier, and/or any intermediate carrier(s), so indicate. Timing terminates on all calls when the calling party hangs up or when Charter’s network receives a termination signal from the terminating local carrier and/or any intermediate carrier(s). Unused minutes per month do not roll over to the next month. You may access international rates and information about international calling plans online at International Calling Plans. Charter reserves the right to modify service features at any time.
f. Service Modifications: Charter may, from time to time, offer additional Service features or functionality, or discontinue certain Service, features or functionality. Information about these features or functions will be available in the applicable Price Guide at www.charter.com, under “Terms of Service/Policies.” These additional Services, features or functions may be subject to additional specific terms and conditions, and may be subject to change at any time by Charter.
g. Caller Name: Charter Voice Service will associate the Subscriber's name on the Charter account to the telephone number to be displayed in association with Caller Name (CNAM) lookup services provided as part of the Service and other telecommunications service providers for all calls made from any of the Charter telephone numbers on the account. In the event that Subscriber wishes to modify the Caller Name, Subscriber agrees to the following: Caller Name submission(s) shall not mislead or impersonate any person or company; Caller Name submission(s) shall not contain false information and shall accurately represent the name of the person that subscribes to the Service and that is included in directory listings, if any; Caller Name submission(s) shall not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Charter, in its sole discretion; and Caller Name submission(s) shall comply with all relevant laws, rules and regulations.
4. Voice Service Limitations:
a. Service Outages: The Charter Voice Service modem is electrically powered and will not work in a power outage or if broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones and Services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 service and the use of Charter Voice Service as the connection between a home security system and central monitoring services. To reduce this risk, Subscriber may choose to purchase a battery backup for use in the event of a non-network related outage.
b. Home Security Systems: Although Charter Voice Service will supply a connection that will allow the operation of Subscriber's existing home security system, Charter does not guarantee that any such system will be in complete operational order following the installation of the Voice Service. As such, it is Subscriber's obligation to contact their home security system provider to inform them of Charter Voice Service installation, and any change in phone number, and to request a complete operational test of their system immediately following installation of the Voice Service. In addition, it is Subscriber's responsibility to test their system on a regular basis. In the event of a power outage or network outage (whether unplanned or maintenance related), your Voice Service, including any home security system which uses the Voice Service to connect to central station monitoring, will not function. As set forth in Section 3(b)(iv) above, Subscriber may separately purchase a battery backup for use with their voice modem in the instance of a non-network related outage.
Like any other communications service provider, we do not represent that our service is fail-safe. In addition, Charter prohibits the use of Charter Voice Service as the connection between medical alert systems and a central station monitoring, and will neither connect to such services nor provide technical support for the connection.
c. Additional Limitations:
i. Currently, certain operator-assisted services such as busy line verification and busy line interruption, dial around services (10-10-XXX), pay services (900 and 976 services), and third-party billing are not offered with the Voice Service.
ii. If Subscriber receives Voice Mail, Subscriber may be eligible for voice-to-text or voice-to-email (“Readable Voicemail”) as part of the Voice Mail feature. As a result of the voice-recognition software used by Charter, some processed messages may not be fully transcribed and will appear as incomplete messages. In such cases, Subscriber may obtain the full message by listening to the voice mail message. As a condition of using the voice-to-text or voice-to-email feature, Subscriber consents to allow Charter, or its service vendors, to process those voice files and to use voice mail messages, and other data associated with such messages, to enhance and/or improve the feature.
iii. Charter’s obligation to furnish Voice Services is dependent upon its ability to secure and retain, without unreasonable expense, suitable facilities and rights for the construction and maintenance of the necessary facilities and equipment. Charter may limit communications, refuse to provide Services or discontinue Services when necessary because of: (i) the lack of transmission medium, transmission capacity or any other facilities or equipment; (ii) the lack of available services from, or interconnection with, the services or facilities of service providers; or (iii) any cause beyond Charter’s control.
iv. Charter shall use reasonable efforts to make Voice Services available by the estimated service date. Charter shall not be liable for any damages resulting from delays in meeting the estimated service date due to delays resulting from normal installation procedures. Such delays shall include, but not be limited to delays in obtaining right-of-way approvals, delays in actual construction work being done by Charter, including its contractors or representatives, and any delays due to any other service provider where Charter is relying upon such provider to meet an estimated due date which is beyond Charter’s reasonable control.
v. Charter offers the use of its facilities for communications between Subscriber and other parties. Charter is not responsible, and shall have no liability, for any communications or miscommunications between Subscriber (including any users) and other parties (including operator-assisted and 911 calls).
vi. At Charter’s discretion, facilities of other service providers may be used in establishing connections to points not reached by Charter’s facilities. In establishing connections with other providers, Charter is not responsible or liable for any action or inaction of other service providers.
d. Equipment: Charter Voice Service requires a voice modem. Charter will supply a voice modem for so long as Subscriber remains a Voice Service Subscriber or until Charter changes this Service offering. Depending on the Charter Voice Service plan, there may be a monthly charge for the voice modem. Upon termination of Charter Voice Service for any reason, Subscriber may be asked to return the Charter-supplied voice modem within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee charged by Charter at the time the voice modem was supplied by Charter. An exception to this return policy is when the modem is also supporting Internet service, in which case Subscriber may continue to use the modem until such time as Internet is no longer provided or Charter requests a substitution of the modem. Equipment and facilities furnished by Charter to provide Voice Service (except for inside wiring and inside jacks) are the property of Charter. Telephone numbers assigned to Subscriber by Charter are portable and transferable with the Subscriber at the same location; however, Subscriber has no property right in telephone number(s) or any other call number designations associated with the Voice Services, and Charter may change such numbers as deemed necessary.
5. Term: Charter Voice Service shall continue until such time as terminated by Subscriber, which shall be effective upon notice, or terminated by Charter for breach (including nonpayment) of this Agreement or otherwise terminated by Charter in accordance with the Terms of Service.
6. Directory Listing: Charter Voice Service includes one (1) basic directory listing in an alphabetical white pages directory, arranged for by Charter, containing an alphabetical list of names, telephone numbers and addresses of all telephone customers in a particular geographic area set by the publisher. The alphabetical list of customer names is for the purpose of informing interested parties of the telephone number and address of listed customers, and special position or arrangement of names may be provided for an additional charge. Listings shall conform to the publisher’s practices with respect to published directories. Charter limits the length of any listing in the directory by the use of abbreviations when, in Charter’s opinion, the clearness of the listing or the identification of the customer is not impaired by doing so. Directory listings are regularly provided with the Voice Service unless Subscriber requests Private Number service. Private Number service may be requested by Subscribers who do not want their name, telephone number or address to appear in the directory, or be available to directory assistance. Exclusion from the directory is subject to various annual deadlines set by the publisher and Charter will use reasonable efforts to accommodate a Subscriber’s request for Private Number service. The duration of directory listings, when the listings have been published, is the directory period. The directory period is from the day on which the directory is first distributed to customers to the day the succeeding directory is first distributed to customers. Charter’s liability for directory listing errors or omissions is set out in Section 7, “Limitation of Liability.”
7. Limitation of Liability:
a. Charter Voice Service is provided “AS IS.” The liability of Charter, or its service vendors, for damages or losses arising out of the furnishing of Services hereunder, including but not limited to mistakes, omissions, interruptions, delays, errors or other defaults, representations or use of the Services, or arising out of the failure to furnish the Voice Service, including E-911/911 service, whether caused by acts of commission or omission, and/or loss of electrical power, shall be limited to an allowance prorated for the time period of the Voice Service interruption. Charter, including its service vendors, shall not be liable for any direct, indirect, special, consequential, exemplary or punitive losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries that a Subscriber, or its users, may suffer. Finally, Charter, and its service vendors, shall not be liable for any loss or interruptions in Service or for any damages or losses due to the fault or negligence of the Subscriber, any authorized user, or any other party or person(s), or due to the failure or malfunction of Subscriber-provided or user-provided equipment or facilities, or due to the failure of the Subscriber to fulfill any obligation under this Agreement.
b. Charter’s liability for damages due to errors or omissions in directory listings will be limited to a credit equal to one month’s recurring monthly fee for the Service (not including one time charges, measured and per-call charges and applicable taxes and fees). You agree to indemnify and hold Charter harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of a listing which you have requested to be omitted from the applicable white pages directory or the disclosing of such a listing to any person.
8. Indemnification: In requesting and accepting Charter Voice Service, the Subscriber agrees to indemnify and hold Charter, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (collectively, “Charter”) harmless from and against any and all demands, claims, suits, attorney or witness fees, liabilities and other expenses for damages to property, bodily injury or death of any person arising from the installation and provision of Voice Service and/or Equipment, except such as was caused by the gross negligence (or equivalent behavior) or willful misconduct of Charter. The Subscriber agrees that Charter is not liable for any damages as a result of any loss of Voice Service, nor will the Subscriber make any claims or undertake any actions against Charter for loss of Voice Service. The Subscriber shall be solely responsible for any damage to or loss of Charter Equipment, unless such damage is caused by the negligence or willful misconduct of Charter. The Subscriber agrees to defend, indemnify and hold Charter harmless from any and all actions, claims, judgments, damages, demands, liabilities, and expenses, including (without limitation) reasonable attorney’s fees, arising from or in connection with:
a. libel or slander resulting from any use of the Voice Service (a) by the Subscriber or (b) by any other person using the Services provided to the Subscriber;
b. any loss, damage, or destruction of any property or any personal injury (including death) not due to Charter’s gross negligence (or equivalent behavior) or willful misconduct and caused, directly or indirectly, from the installation, operation, or other use of (or failure to use) the Voice Service or any Charter Equipment (i) in combination with services or equipment supplied by the Subscriber or any third party, or (ii) in an explosive or otherwise hazardous environment;
c. infringement of any patent, copyright, trademark, trade name, service mark or trade secret arising from: (i) the transmission of any material transmitted (a) by the Subscriber or (b) by any other person using the Services provided to the Subscriber; or (ii) from the combination of the Subscriber’s use of the Voice Service with facilities or services provided by the Subscriber or obtained from third parties;
d. any unauthorized, unlawful, or fraudulent use of or access to the Service provided to the Subscriber, except as otherwise provided by applicable law; and
e. any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use, of the 911/E911 service features and the equipment associated therewith, or by any Services furnished by Charter in connection with the 911/E911 service, including but not limited to, the identification of the telephone number, address or name associated with the telephone used by persons accessing 911/E911 service thereunder, and/or which arises out of the negligence or other wrongful act of the Subscriber, the Subscriber’s user(s), agencies or municipalities, or the employees or agents of any one of them.
9. Force Majeure: Charter shall not be liable for any failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electrical power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Charter, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
10. Installation: Charges for installation services and equipment will be charged at the then current rate in effect.
11. Taxes: Applicable fees and surcharges, if any, will be added to your monthly bill.
12. Proprietary Rights: Charter and/or its service vendors own all rights in and to the Services. Subscriber has a limited right to use the Voice Service in accordance with these Terms of Service. However, the Terms of Service do not grant Subscriber (or any user) any rights to, or interests in, patents, copyrights, database rights, trade secrets, trade names, trademarks or service marks (whether registered or unregistered), or any other rights or licensees related to Charter Voice Service (including all of its features) or any related documentation.
13. Prohibited Uses:
a. Non-Residential Use: Charter Voice Service may be used as a residential voice service only and may not be used for commercial purposes, including, but not limited to, telemarketing, call center services, medical transcription or facsimile broadcasting. In addition, auto-dialers and predictive dialers may not be used with Charter Voice Service. Charter Voice Service is intended to be used consistent with its intended normal residential use. For instance, unlimited voice plans are intended to be used for continuous live dialog between the Subscriber and a third party. Certain other activity such as excessive consistent usage, unusual call patterns, and lack of continuous dialog activity may be presumed indicative of use that is inconsistent with normal residential use of the Service in violation of these Terms of Service. Charter reserves the right to reclassify Subscriber’s Voice Service from residential to business, and to immediately apply business rates in the event of misuse or excessive use of the Voice Service by Subscriber and/or any users of Subscriber’s Voice Service.
b. Fraud: Charter may block calls that are made to certain countries, cities or telephone exchanges, or that use certain authorization codes if, in its sole discretion, Charter deems it reasonably necessary to prevent unlawful or fraudulent use of the Voice Service. The Subscriber is responsible for securing the Subscriber’s telephone equipment, and Charter’s Equipment located at Subscriber’s premises, from being used to place fraudulent calls using Charter Voice Service provided to Subscriber. The Subscriber is also responsible for any fraudulent or unauthorized use of the Voice Service that occurs through the Subscriber’s account regardless of who is responsible for such usage. The Subscriber shall be solely responsible for payment of all applicable charges for Voice Service provided by Charter and charged to the Subscriber’s account, even where calls are originated by fraudulent means either from the Subscriber’s Premises or from remote locations. Charter is not liable for any damages or fees, including toll usage charges, the Subscriber may incur as a result of unauthorized use of the Voice Service provided to Subscriber. Unauthorized use of the Subscriber’s facilities may include, but is not limited to, the placement of calls from Subscriber’s Premises and the placement of calls through the Subscriber’s equipment that are transmitted or carried on Charter’s network. Misuse of Service could include voice modem hijacking, excessive usage of International calling, 411 directory assistance calls and other per-use charges.
c. In addition, Charter reserves the right to discontinue Service when Subscriber or its users is using the Service in violation of law or the provisions of the Terms of Service.
14. Amendments: : Charter may, in its sole discretion, change, modify, add or remove portions of this Charter Residential Voice Service Agreement at any time. Charter may notify Subscriber of any such changes by posting notice of such changes on Charter’s website at www.charter.com, under “Terms of Service/Policies”, or sending notice via electronic mail or U.S. postal mail. The Subscriber's continued use of Charter Voice Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using the Voice Service and notify Charter that Subscriber is terminating the Voice Service. In addition, this Agreement is subject to change in compliance with applicable law.
15. Entire Agreement: This Agreement shall be posted along with the General Terms and Conditions for Charter Residential Services governing Subscribers’ use of Charter Voice Service at www.charter.com, under “Terms of Service/Policies,” and are the only terms and conditions that govern Charter Voice Service. No undertaking, representation or warranty made by any agent or representative of Charter in connection with the sale, installation, maintenance or removal of Voice Services shall modify or amend this Agreement or the General Terms and Conditions for Charter Residential Services.