Cable Terms of Service

WELCOME TO SHENTEL!

The services that you receive from Shentel are subject to the terms of our Acceptable Use Policy, these Terms of Service and any Addendums (“Terms of Service”). These agreements have been provided to you in your Welcome Kit and are also available online at https://www.shentel.com/Legal.

Billing & Payment

We may request that you pre-pay the charges for your first month’s service and any installation or equipment fees are payable at the time of installation. We will bill you for your services every month in advance. Charges for additional items (for instance, Pay-Per-View movies and events, international and directory assistance calling, additional services and features) will be billed the following billing cycle. We may place a limit on the dollar amount of Pay-Per-View programming you are permitted to order on your account. Exceeding this limit may affect your ability to order Pay-Per-View programming. If you are unable to order a Pay-Per-View event, please contact our Customer Service department for more information. Your monthly Shentel bill will identify your recurring service charges, additional charges and applicable taxes, fees and surcharges. These taxes, fees and surcharges may or may not include, depending on the services to which you subscribe, federal and state excise taxes and fees, state and local sales and business taxes and service-specific charges, such as federal and state universal service contributions, E911 support charges and regulatory and franchise fees.

Payment in full for all billed charges, including additional charges and all taxes, fees and surcharges, must be received by the date indicated on your bill to avoid late fees and other charges. Please report any billing errors immediately. In order to receive credit for disputed charges, such charges must be reported within 30 days of the day on which you receive your bill unless otherwise specified under applicable law. A late fee may be assessed upon any outstanding undisputed balance due that remains after the due date appearing on your bill.

Nonpayment of any portion of your Shentel bill may result in interruption or disconnection of any and all services, including VoIP phone services. You are liable for payment for all services rendered by Shentel and billed to your account. It is your responsibility to mail or make payment in a timely manner to ensure receipt by Shentel on or prior to the due date. If you know that your payment will be late, call our Customer Service department so we can make arrangements to avoid service interruption and reconnection fees, or, sign up at our website,www.shentel.com, to pay your bill online.

All equipment, including converters, terminals, remote controls and cable modems provided by Shentel are the property of Shentel and must be returned if you move or terminate your service. Your account will be charged a fee for any equipment which is not returned to Shentel at the time your service is disconnected. This charge also applies should any of the equipment be stolen from your home or returned damaged beyond the normal wear and tear.

“Adult at Home” Policy

Our installers and technicians will not enter your home to perform any work unless a responsible adult is present. We realize this may cause an inconvenience for some of our customers, but this policy is essential to protect you and our employees.

Equipment

Shentel will repair and/or replace the equipment we use to provide your services at no charge if the repair or replacement is not the result of your negligence, fault, or theft from your home.  If you are experiencing problems with your service, contact your local Customer Service office. Customer Service contact information is available online at https://www.shentel.com or by calling 1-800-SHENTEL. Shentel does not repair equipment owned by you such as DVD players, telephones, modems, computers and televisions and is only responsible for bringing service to the input of such equipment.

Home Wiring

The following notice will serve to inform you of your options regarding the home wiring located within your dwelling that is used to provide cable service. Home wiring is the cable which runs from your TV set to a point approximately twelve inches outside of your dwelling unit. It includes extra outlets, splitters, connections and fittings or wall plates attached to the wire but does not include devices such as converters, descramblers, CableCARDs, A/B switches, parental lockout devices, security devices and the like.

Pursuant to FCC regulations, all customers are given the option to acquire the home wiring within their dwelling unit upon termination of cable service. However, even prior to termination of cable service, we allow our customers to remove, replace, rearrange, repair or maintain any cable wiring located within the interior space of the customer’s dwelling unit so long as such actions do not interfere with our ability to meet FCC technical standards or to provide services to you or your neighbors. For example, you may not attach any device or equipment to your home wiring in a way that impairs the integrity of the local cable system, such as by creating signal leakage, or which may cause a violation of government regulations. Furthermore, you may not attach devices or equipment to the wiring which alone or together result in a degradation of signal quality to you or your neighbors.

If you choose to have us remove, replace, rearrange or maintain the wiring inside your home, you will be charged our regular hourly service charge on a per-visit basis. For maintenance, you have the option of purchasing our optional line protection plan for a small monthly fee. This optional program covers most but not all home wiring problems. For example, it does not cover damage to home wiring caused by you or any third party should you attempt to undertake your own removal, replacement, rearrangement, repair, extension or maintenance of that wiring. Furthermore, we are not responsible for problems relating to the operation of customer-owned consumer electronics equipment such as televisions, VCRs, DVRs, home antennas, etc., which may be connected to home wiring. We are, however, responsible for problems relating to any equipment which you lease from us, other than problems caused by tampering, neglect or abuse.

You also have the option of removing, repairing, rearranging or maintaining the home wiring yourself or of hiring a qualified outside contractor to do the work for you. It is extremely important that only high quality home wiring materials be used and that these materials be properly installed in order to avoid signal leakage and to maintain signal quality in compliance with FCC technical regulations.

Please Note...

In the event improper installation by anyone other than us or the use of improper materials causes signal degradation and/or leakage, you may be held responsible for the cost of rectifying the problem. Also, we may be required under federal law to terminate your cable service until the problem can be remedied.

Disconnection

You may request that your services be disconnected at any time. We will schedule a disconnect appointment for you, or you may come to our cable office to return any Shentel equipment (converter boxes/remote controls/modems). Unless otherwise provided by applicable law, billing for any disconnected services will stop on the date that the service disconnection takes effect and all equipment is returned. If you have entered a service contract to receive discounted pricing, you will be subject to an early termination fee if you disconnect your service before the end of your contract term.

Moving?

If you are moving within the same service area, we will be glad to schedule an appointment to install Shentel services at your new location. Please notify us at least 10 days prior to your move and we’ll arrange to transfer your services. Some fees and restrictions may apply. When you transfer your services, your account must be in current standing and any credits and charges from your previous service address will be transferred to your new account address*. These credits and charges may take up to two months to appear on your Shentel bill.

*New service address must be within the same locality (town, county, etc.) to receive the same pricing.

Specific Terms Regarding Shentel “Voice Over IP” (“VoIP”) Phone Service*

Shentel offers several different VoIP Calling Plans. All Calling Plans include popular calling features, including Call Waiting, Caller ID, Call Waiting ID, Call Forwarding, Speed Dialing, Three-Way Calling and Anonymous Call Rejection. Voice Mail and special features are available for an extra monthly charge. All rates and fees are subject to change. Current rates are available athttp://www.shentel.com.

*Service not available in all locations. For terms related to traditional telephone service in Shenandoah County, Virginia, please visithttps://www.shentel.com/legal/phone%20terms%20of%20service.

VoIP Calling Plans

Unlimited Local and Long Distance Calling service allows you to call anyone, anytime, anywhere in the United States, U.S. Territories and Canada as frequently as you like for one simple monthly price, based on the package of services you purchase from Shentel. Current rates and offers are available athttps://www.shentel.com. Additional charges apply for taxes, fees, international calling and calls to directory assistance and operator services. Unlimited Local and Long Distance Calling may be used to make calls using calling cards.

Unlimited Local Calling allows you to call anyone, anytime, anywhere within the boundaries of your local calling area as frequently as you like for one simple monthly price, based on the package of services you purchase from Shentel. Information regarding current rates, offers and local calling area information is available at http://www.shentel.com. Additional charges apply for taxes, fees, international calling, directory assistance and operator services calls. Unlimited Local Calling may be used to make calls using calling cards and dial around (10-10-) services.

Your Shentel VoIP phone charges will appear as a series of line items on your Shentel bill. You may request a mailed copy of your recent outbound calling details by contacting your local Customer Service office. Customer Service contact information is available online at https://www.shentel.com or you may call Customer Service at 1-800-SHENTEL. All calls to international locations will be billed on a per-minute basis. Current rates for calls to all locations outside the United States, Canada, Mexico, the Caribbean and U.S. Territories can be found at https://www.shentel.com. Charges for directory assistance, operator services, voicemail, and unpublished listings (“Additional Charge Services”) are not included in Calling Plans and will be billed separately, based on usage. Additional information about Calling Plans, rates and additional charge services may be found at https://www.shentel.com.

Shentel VoIP phone service is compatible with most home monitoring and security systems. Shentel does not install, support or service third party monitored security systems. If you plan to use Voip phone service with your home monitoring and security system, you must contact your service provider in order to test the compatibility of the service with VoIP phone service. Shentel will not be responsible for the cost of conducting any tests or configuring your monitoring or security system.

Emergency 911 Access

Our VoIP phone service cable modem is electrically powered, and VoIP phone service, including access to emergency 9-1-1 and home security services, may not operate in the event of an electrical power outage. If a power outage occurs in your home and your cable modem is equipped with a battery, it may enable back-up service for a limited period of time or not at all, depending on the circumstances. If your local Shentel system loses power or experiences other service issues, the battery in your cable modem, if any, will not provide back-up service and VoIP phone service will not be available. You may not move your VoIP modem to a new address. If you do so, Enhanced 9-1-1 services will not operate properly as emergency operators will be unable to accurately identify your location in an emergency. If you would like to establish service at a new address, you must call Shentel.

National Do Not Call List

If you would like to add or remove your number from the National Do Not Call List, you may do so by calling 1-888-382-1222 or online at www.donotcall.gov.

Specific Provisions Regarding Video Services

Products, Services and Pricing

Shentel provides customers with a wide selection of programming choices. All customers must subscribe to Basic service to access other programming choices, including tiers of service and services offered on a per program or per channel basis. A complete list of programming choices are provided to you upon subscription to our service, upon request, or online at https://www.shentel.com.

Instructions on How to Use Your Cable Service

Instructions on how to use your cable service are outlined in our Welcome Kit, which may be provided to you when your services are installed. This information is also available by request from your local Shentel office or on-line athttps://www.shentel.com.

Pricing and Service Changes

Unless otherwise provided by applicable law, Shentel will notify you 30 days in advance of any price or service change. Notice of these changes may be provided on your monthly bill, as a bill insert, as a separate mailing, in the Legal Notice section of the newspaper, on the cable system channel(s) or through other written means.

Complaint Procedures

If you have a complaint about your service, billing, or terms and conditions of service, you may call us directly using the Shentel toll free number provided on your monthly bill. In addition, where applicable, we have identified on your monthly bill the franchising authority that you may contact should we fail to resolve your complaint.

Maintenance

Our technicians must periodically test and occasionally repair our cable equipment throughout the cable system. Cable repair may cause a temporary loss of cable service to an entire neighborhood known as a “maintenance outage.” If your cable is not working properly, contact Customer Service. If a maintenance outage is affecting your area, you will be informed when you call. If the problem is not being caused by maintenance, we will determine the source of the problem and will restore your service as quickly as possible.

Service & Installation

Installation and service call appointments are scheduled in advance. If we cannot meet a scheduled commitment, we will attempt to notify you and reschedule the appointment for a convenient time.

Service Interruptions

Shentel maintains a high standard of technical operations within our cable systems and responds promptly to most service interruptions. On occasion, service interruptions may arise due to unforeseen problems such as power outages, electrical storms, severe weather conditions, equipment failures, auto accidents involving utility poles, and in some cases, loss of signal at the origination point of the program. In addition, twice a year our satellite reception is disrupted by activity from the sun. This disturbance, which affects most cable and satellite companies within the United States, occurs at the end of February and again in October, due to direct alignment of the sun with our satellite and our earth stations. Unless otherwise provided by applicable law, if you experience a verifiable service outage of more than two hours and notify us in a timely manner, we’ll credit your account for such loss of service.

Sports Blackouts

Professional sporting events, both local and national, may be subject to blackouts per the league’s broadcast rules. Due to these blackouts, not all programming and services will be available in all areas and programming may be subject to change.

Cable Service Theft

It is unlawful for any person to knowingly, with the intent to defraud, obtain or attempt to obtain, for himself or for another, telephone or cable television service by the use of any false information, device or scheme. Tampering with or altering a cable system or converter to receive unauthorized services is a Federal crime punishable by fines and/or imprisonment. We have the technology necessary to detect unauthorized hookups, and we conduct periodic system checks.

If the value of service, credit or benefit procured is $200 or more, the party shall be guilty of a Class 6 felony. Should the value be less than $200, a Class 1 misdemeanor charge will apply. In addition, the court may order restitution for the value of the services unlawfully used and for all costs incurred by the company.

To report a cable theft incident call 540-984-5224.

Equipment Compatibility

You may encounter problems when your television or VCR is connected directly to cable. This includes an inability to receive higher-numbered cable channels. Some channels may be scrambled and are only viewable with a digital set-top box. A digital set-top box converts cable channels to one channel (usually channel 3 or 4) on your TV. When using a digital set-top box, you may be unable to use certain features of your TV or VCR without additional equipment, including recording one program while watching another, recording two or more consecutive programs that appear on different channels, and picture-in-picture viewing.

Digital set-top boxes are available for lease from Shentel, or may be purchased at retail outlets. If you see advertisements for digital set-top boxes with built-in descramblers (so-called “pirate boxes” or “black boxes”) or for CableCARD security devices, please remember that these devices are illegal to sell or use unless authorized by your cable company. Shentel does not authorize the use of any “pirate boxes.” Receivers with descrambling capabilities and separate security devices may only be obtained from Shentel. Upon request, we will provide you with the technical parameters necessary for any compatible video equipment acquired from a retail outlet to operate with our security devices and cable television system. If you purchase or plan to purchase cable services that are encrypted to prevent theft, such as premium, pay- per-view, or digital services, you should make sure that any digital set-top box or other equipment you obtain from a retail outlet is capable of working with the separate “CableCARD” security device.

Televisions or other video equipment advertised as being “cable-ready” or “cable-compatible” may not perform as expected when connected directly to cable. In the US, video equipment must comply with FCC requirements before it can be labeled “cable-ready” or “cable-compatible.” Certain new digital televisions and other video equipment connected to digital cable systems may not be labeled “digital cable ready” unless they accept a separate “CableCARD” security device and comply with certain FCC technical requirements.

CableCARDs are available from Shentel for a low monthly fee and allow this equipment to connect directly to digital cable systems without a digital set-top box. Digital cable ready equipment cannot access two-way cable services such as pay-per-view events and video-on-demand without a digital set-top box. If your television cannot receive UHF television broadcast signals or the standard or high definition digital signals of television broadcast stations, you may need a digital set-top box to view these stations on primary and/or additional outlets. You must have an HD compatible television or other HD compatible video equipment to view services in high definition format.

A remote control is provided at no extra charge when you lease a digital set-top box from Shentel. The remote control that came with your TV or other video equipment may also be capable of controlling Shentel’s set-top boxes, or you may also purchase a “universal” remote control unit from a retail store that is capable of working with a digital set-top box. A representative list of compatible remote control models currently available through local retailers includes: RCA OARC05G, GE RM24930, and Zenith ZB310. Please note that these remotes may stop functioning if Shentel begins to offer a different type of box. If you have any questions about the compatibility of your remote control unit, please call Shentel’s Customer Service Department; contact information can be on our website or on your monthly statement.

Although every effort has been made to provide you with a complete and accurate list of universal remote controls, other remotes might be available that will work with your home electronics equipment. Although these remote controls are compatible with the converters, descramblers or other equipment we currently offer, they may not be functional should equipment technology change. Should you have a question about the compatibility of a remote control, please call us.

Governing Law

These Terms of Service will be governed by the laws of the state where your cable service is provided, without regard to its choice of law rules.

No Third Party Rights

These Terms of Service shall not provide any third party with a remedy, claim or right of reimbursement.

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.

Severability

If we do not enforce any right or remedy available under these Terms of Service, that failure is not a waiver. Except where these Terms of Service specifically provide otherwise, if any part of these Terms of Service is held invalid or unenforceable, the remainder of these Terms of Service will remain in force.

Arbitration

(a)    EXCEPT FOR (i) CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW; (ii) CLAIMS BROUGHT BY SHENTEL RELATED TO UNPAID CHARGES FOR THE SERVICES OR SHENTEL EQUIPMENT; OR (iii) CLAIMS BROUGHT BY SHENTEL FOR UNAUTHORIZED USE OF THE SERVICES OR SHENTEL EQUIPMENT, ALL THREE OF WHICH MAY BE BROUGHT IN ANY FORUM, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE. 

(b)     If any clause within this Arbitration section (other than the class action waiver clause) is found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision, and the remainder of this Arbitration section will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration section will be unenforceable. In the event that this entire Arbitration section is determined to be illegal or unenforceable for any reason, or if a claim is brought that is found by a court to be excluded from the scope of this Arbitration section, you and Shentel have each agreed to waive, to the fullest extent allowed by law, any trial by jury.

INDEMNIFICATION

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 SERVICES END.

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 OF SERVICE

BY USING THE SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS OF SERVICE. IF YOU ARE A NEW CUSTOMER AND DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, 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 30 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. WE MAY ALSO WITHDRAW A SERVICE BY GIVING YOU AT LEAST 30 DAYS NOTICE.