November 1, 2025
This CenturyLink® Inside Wire Protection Subscriber Agreement together with the materials referenced herein (“Agreement”) is between CenturyLink and the end user of the CenturyLink Inside Wire Protection service described below (“you”, “your”, or “Customer” or “Subscriber”). For your convenience, this Agreement combines obligations of multiple CenturyLink entities, but does not create joint liability between the CenturyLink entities. The particular CenturyLink entity providing you Service and the provision and receipt of such is subject to all applicable provisions of this Agreement, unless otherwise specified herein. Please review the Agreement carefully; it governs your use and each CenturyLink entity’s provision of the Service.
Your enrollment in, activation of, use of, or payment for Service constitutes your acceptance of this Agreement, and you represent that you are of legal age to enter into this Agreement and are bound by it. You should read this Agreement in its entirety, but even if you choose not to read it, its terms and conditions will be legally binding upon you. If you do not accept this Agreement, do not use the Service and notify CenturyLink immediately to cancel Service via the methods described at the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts) or the CenturyLink phone number provided on your bill.
BELOW ARE IMPORTANT PROVISIONS IN THIS AGREEMENT THAT AFFECT YOUR RIGHTS UNDER CERTAIN CIRCUMSTANCES:
CENTURYLINK STRONGLY ENCOURAGES YOU TO READ YOUR BILL EACH MONTH.
CenturyLink does not guarantee Service and strongly encourages you to take steps to prevent losses from issues you may encounter with your Service.
"CenturyLink" (also “we” or “us”) means the affiliate of Lumen Technologies, Inc. that provides you the Service. Lumen Technologies, Inc. does not provide Service.
“Enterprise Class” means any CenturyLink customer (a) billed more than $500 in MRCs for Service, or (b) with 10 or more employees using the Service.
“Force Majeure Event” means an unforeseeable event beyond the reasonable control of a party, including without limitation: act of God; fire; flood; epidemics, pandemics, or outbreaks of communicable diseases; quarantines; national or regional emergencies; labor strike or unrest; sabotage; cable cuts; acts of terror; power shortage or power failure, e.g., rolling blackouts; material shortages or unavailability or other delay in delivery not resulting from CenturyLink's failure to timely place orders therefore; lack of or delay in transportation; government codes, laws, regulations, ordinances, rules, or restrictions; war or civil disorder; or failures of suppliers of goods and services.
“Inside Wire” means the wire that runs from CenturyLink’s connection point (usually a small box on the outside or inside of your premises) to the telephone jacks or outlets inside your premises to which you plug your telephone, high-speed internet, and data equipment. For business key and PBX systems, Inside Wire runs from that connection point to the last connection to your common equipment. Inside Wire and jacks do not include wire or cable serving other electronic systems such as computers or entertainment systems. Inside Wire does not include distribution panels or other non-wire parts of so-called structured wire, or repairs to more complex inside wire.
“Late Charge” is a fee of up to the maximum amount allowed by law that is assessed each month in which any portion of the payment is not received by or immediately available to CenturyLink by the due date.
“MRCs” means monthly recurring charges.
“NRCs” means non-recurring, one-time charges.
“Payment Services” means CenturyLink electronic and online methods you use to view and pay such invoices to CenturyLink, including, but not limited to, the following: bank draft, credit/debit/charge card, MyCenturyLink or other customer account portals, AutoPay, eBilling, Quick Bill Pay, and payments you make through interactive voice response systems or through websites associated with or linked from CenturyLink websites, which may change at any time in CenturyLink’s sole discretion with prior written notice to you.
"Regulatory Activity” means any regulation and/or ruling, including modifications thereto, by any regulatory agency, legislative body or court of competent jurisdiction.
“Service" or “Services” means the CenturyLink Inside Wire Protection service.
“Taxes” means foreign, federal, state and local taxes, tariffs, duties, other similar charges, and any other imposition or tax-like charges that may be imposed, that governmental entities or agencies may pass on to you, or require us to collect from you, or that governmental authorities collect or require use to collect from you in support of programs, funds, or third parties, regardless of whether applicable law assesses them on you or us. In some jurisdictions, certain Taxes are included in the MRC pursuant to applicable state or local law. CenturyLink collects payment from Customers for Taxes, and CenturyLink remits what is collected to applicable governmental entities or agencies or quasi-governmental authorities. Taxes may be subject to change or increase as required by law or regulation without written notice to you.
“Trouble Location” means that CenturyLink will identify the trouble with your service and the location of that trouble, to the best of CenturyLink’s ability, including whether the problem is in the inside wire, telephone jacks or outlets, or our facilities located outside or inside your premises. “Trouble Location” does not include trouble located in the voice or data equipment at your premises connected to or used with a connection to the Internet or other services or trouble located in facilities or equipment of other carriers or providers.
To the extent allowed and effective under applicable law, CenturyLink may:
(a) Effective upon posting to https://www.centurylink.com/aboutus/legal/terms-and-conditions/personal-residential.html or after written notice to you, including email and messages on or with your invoice:
(i) change the Service and/or this Agreement in a way that does not directly result in a material and adverse economic impact to you. Please check the website and your email regularly for changes.
(b) Effective upon 30 days written notice to you, including email and messages on or with your invoice:
(i) increase MRCs and/or NRCs,
(ii) change the Service and/or this Agreement in a way that directly results in a material and adverse economic impact to you,
(iii) stop offering the Service, and/or
(iv) change the Dispute Resolution provision (Section 10). CenturyLink may reduce the foregoing notice period if such increase is based upon Regulatory Activity.
(c) If your Services or this Agreement are changed as outlined in Section 3(a) above and you disagree with the changes, you must cancel the Services immediately upon posting or any notice to you. If your Services or this Agreement are changed as outlined in Section 3(b) above and you disagree with the changes, you must cancel the Services prior to the effective date of the changes. Your continued use of the Service after the applicable posting or notice period constitutes acceptance of any changes. If you later conclude you no longer agree to the terms of your Service, you must immediately stop using the Service and terminate your Service. The Term and Termination provision below describes how you can terminate your Service. Any changes you make or other terms you add to this Agreement, or propose in any other documents, written or electronic, are void.
The following conditions apply to the Service. CenturyLink may suspend, terminate, or limit use of your Service if you violate any of these conditions.
The Service cannot be used for any unlawful, abusive, or fraudulent purpose, including without limitation, using the Service in a way that:
(i) interferes with CenturyLink's ability to provide service to CenturyLink customers,
(ii) avoids your obligation to pay for services,
(iii) constitutes a criminal offense,
(iv) gives rise to a civil liability, or
(v) otherwise violates any law, order, ordinance, governmental requirement or regulation or this Agreement.
You agree not to resell or distribute, transfer or assign this Agreement and/or the Service, except with CenturyLink's prior consent and according to CenturyLink's policies and procedures. This Agreement is intended solely for you and it will not benefit or be enforceable by any other person or entity.
CenturyLink may assign this Agreement and your rights and obligations under this Agreement, in whole or in part, at any time without notice to you and you agree to make all subsequent payments as directed. If CenturyLink does that, CenturyLink has no further obligations to you.
(a) Rates and Charges.
You are responsible for any charges associated with the Service, including without limitation, monthly Service charges, changes to Service, one-time trouble isolation or assessment charges, activation and installation charges, repair charges, shipping and handling fees, replacements charges, construction, connection charges, Taxes, fees, surcharges, billing service provisioning, and other charges. CenturyLink may impose fees, surcharges, or additional charges to recover costs related to the Service, costs we incur in association with providing the Service, charges related to costs we incur related to billing the Service to you, and amounts assessed by third parties, including duties on imports, associated expenses, or related to CenturyLink’s provision of Service to you. These fees, surcharges, or additional charges are not Taxes and are not required by law but are set by CenturyLink and may change. Other than promotional MRCs, plans with MRCs that don’t change, and MRCs offered with a term commitment, your MRCs for Service, Taxes, fees, surcharges, or additional charges are not guaranteed and may increase during the period in which you subscribe to Service. In the event CenturyLink offers the ability to pay any of the charges in installment payments over time (“Installment Option”), the aggregate payments under the Installment Option may be greater than the charge(s) paid by customers who pay the total charge(s) in one payment. Please see https://www.centurylink.com/home/help/account/billing/taxes-fees-and-surcharges-on-you for more information about taxes, fees, and surcharges.
You will not be eligible for any discounts or promotional offers other than those you qualify for at the time you order qualifying Service, unless the discount or promotional offer specifically states that existing customers are eligible and in that instance you will receive the discount or promotional offer strictly in accordance with its terms. Customers who move Service or disconnect and reconnect Service may not be eligible for promotional pricing available to new customers. You may only take advantage of one special pricing promotion per Service per account during any twelve-month period, but we reserve the right to alter this time period at any time without notice to you.
(i) Payment Services.
(A) Description. To use or enroll in a Payment Service, you must provide CenturyLink with your email address for the receipt of notices. You agree to keep your email address updated and understand it is your responsibility to provide any changes or updates to your email address to CenturyLink. You are responsible for directly updating, or notifying CenturyLink, of any changes to your selected Payment Service, including, but not limited to changes to account or card numbers, expiration dates, your billing address, or overall account or card status. CenturyLink may, but is not obligated to, monitor the Payment Services for various purposes, and CenturyLink and its third-party vendors may access and use information regarding performance of Payment Services to perform maintenance, support, and other service-quality activities. For your convenience, you may elect to have CenturyLink retain your payment information, including but not limited to your billing name, address, telephone number, credit card or debit card information or numbers, bank account and/or associated banking or financial institution information or numbers, applicable expiration dates, and permit such information to be used in future transactions with CenturyLink that you authorize. You are responsible for adding, updating, maintaining, deleting, and verifying the accuracy of any payment information that you ask CenturyLink to retain for you. Fees, surcharges, or additional charges may be assessed to you when using Payment Services, including fees, surcharges, and charges we may assess to you or pass through to you that are assessed to us by third parties as described in this Agreement, and you agree to pay all such charges. CenturyLink reserves the right to terminate access to Payment Services for any account at any time.
(B) Effect on Paper Invoices. You may view and pay your invoices from CenturyLink through Payment Services. Certain CenturyLink offers or promotions may require you to enroll in specified Payment Services as a condition to receiving such offer or promotion. Your failure to enroll or maintain enrollment in the required Payment Services may affect the amounts at which CenturyLink provides you Service. Certain Payment Services send an email notification to you each month when your new invoice is available for review. However, if you are unable to view your invoice electronically or online for any reason, you are still required to make your payment on time. In such situations, you are responsible for obtaining an invoice copy and/or account balance by contacting CenturyLink via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). To the extent permitted by applicable law, CenturyLink reserves the right to cease providing you a paper invoice via U.S. postal service, including ceasing to provide you a paper invoice once you elect to use or enroll in a Payment Service on a recurring basis. In such instances, you will no longer receive a paper invoice from CenturyLink. CenturyLink also reserves the right to assess additional charges to you if you choose to receive a paper invoice mailed to you regardless of whether you are enrolled in a Payment Service, request copies of prior invoices, or are enrolled in a Payment Service but request CenturyLink to provide you with a paper invoice on either a one-time or continuing basis.
(C) Applicable Policies; Online Payments, Website, Acceptable Use and Privacy. You agree to comply with CenturyLink policies, including the CenturyLink Electronic and Online Payment Terms and Conditions, CenturyLink Website User Agreement, CenturyLink Acceptable Use Policy, and CenturyLink Privacy Notice, all as posted to https://www.centurylink.com/aboutus/legal.html and incorporated by this reference. If you do not agree with the terms of any of these policies, do not use the Service or Payment Services. CenturyLink may, but is not obligated to, monitor the Payment Services for various purposes, and CenturyLink and its third-party vendors may access and use information regarding performance of Payment Services to perform maintenance, support, and other service-quality activities.
(D) Unlawful, Abusive, or Fraudulent Purposes. Payment Services will not be used for any unlawful, abusive, or fraudulent purpose, including without limitation, using Services in a way that: (1) interferes with CenturyLink's ability to provide Services or Payment Services to CenturyLink customers, (2) avoids your obligation to pay for Services, (3) constitutes a criminal offense, (4) gives rise to a civil liability, or (5) otherwise violates any laws.
Unless otherwise specified herein, Service is offered on a monthly basis for a term that begins on the date your Service order is completed, ends on the last day of the billing cycle during which you placed the order for Service, and automatically renews monthly.
IF YOU ORDER SERVICE WITH A TERM COMMITMENT, YOU AGREE TO MAINTAIN THAT SERVICE FOR THE ENTIRE TERM COMMITMENT PERIOD. IF YOU TERMINATE THAT SERVICE BEFORE THE END OF THE TERM COMMITMENT PERIOD YOU WILL BE REQUIRED TO PAY THE EARLY-TERMINATION CHARGE EQUAL TO (1) 100% OF THE MRC MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN-CURRENT TERM COMMITMENT OR (2) SUCH OTHER AMOUNT AS MAY BE IDENTIFIED TO YOU IN A PROMOTIONAL OFFER. FOR PURPOSES OF THIS SECTION, MAKING A CHANGE TO ANY PART OF YOUR SERVICE THAT CARRIES A TERM COMMITMENT IS CONSIDERED TERMINATION OF THE ENTIRE SERVICE. THE EARLY-TERMINATION CHARGE IS NOT A PENALTY. RATHER, IT IS AN OFFSET OR RECOVERY OF CENTURYLINK COSTS RELATED TO EARLY TERMINATION AND THE DISCOUNTS ASSOCIATED WITH YOUR TERM COMMITMENT. THE EARLY TERMINATION CHARGE WILL BE WAIVED IF (A) YOU NOTIFY CENTURYLINK WITHIN 30 DAYS OF THE DATE YOU ORDERED THE SERVICE WITH A TERM COMMITMENT THAT YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. CenturyLink may waive the early-termination charge if you move or upgrade Service; your original term commitment period may start over. After the term commitment period, Service will continue on a month-to-month basis (which may be at a charge higher than under a term commitment) until terminated by you or by CenturyLink. You may be given the option to select a new term commitment.
You may terminate this Agreement and your use of the Services at any time and for any reason by calling CenturyLink at the number listed on your bill or the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts); YOU CANNOT TERMINATE YOUR SERVICE BY EMAIL. CenturyLink may terminate this Agreement, your password, your account, and/or your use of the Service, without notice and for any reason, including, without limitation, if you fail to pay any charges when due or if CenturyLink believes you or someone using your account has violated this Agreement. CenturyLink may, but is not obligated to, send notice of any violations to you before termination. When an account has been terminated or suspended, the reactivation of the old account or the acquisition of a new account will only be allowed by the express approval of CenturyLink and is subject to applicable charges. If Services are terminated by you or CenturyLink on any day other than the last day of your applicable billing cycle, your payment for that month of Services will not be prorated or refunded and your Services will continue to be available through the end of the applicable billing cycle.
THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY REGARDLESS OF THE CAUSE OR LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED (WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE), EXCEPT AS TO A PARTY WHOSE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE CAUSED YOUR DAMAGES OR LOSSES. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, the limitation(s) NOT PERMITTED shall be reduced or modified to the maximum LIMITATION allowed by applicable law. THE LIMITATIONS IN THIS SECTION ALSO ARE SUBJECT TO SECTION 10(b)(ii).
(a) YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND THE RESULTS OF YOUR USE OF THE SERVICE AND ACCESS THE INTERNET AT YOUR OWN RISK.
(b) CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IF THE SERVICE REQUIRES EQUIPMENT CHANGES, DEGRADES EQUIPMENT PERFORMANCE OR SERVICE PERFORMANCE WITH THE EQUIPMENT, OR MAKES EQUIPMENT OBSOLETE.
(c) CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF OTHER CARRIERS AND PROVIDERS. ADDITIONALLY, IF TROUBLE IS LOCATED IN EQUIPMENT OBTAINED FROM A THIRD PARTY, YOU SHOULD SEEK RELIEF FROM ANY SUCH THIRD-PARTY.
(d) Payment services.
(i) PAYMENT SERVICES UTILIZE, IN WHOLE OR IN PART, OTHER PROVIDERS AND THE PUBLIC INTERNET AND NETWORKS TO TRANSMIT INVOICE INFORMATION AND YOUR ACCOUNT AND PAYMENT INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT CENTURYLINK CANNOT GUARANTEE THAT PAYMENT SERVICES ARE COMPLETELY SECURE. THERE IS A RISK THAT THIRD PARTIES MAY ATTEMPT TO ACCESS PAYMENT SERVICES ON YOUR BEHALF OR ATTEMPT TO OBTAIN INFORMATION AND DATA RELATED TO PAYMENT SERVICES, INCLUDING ACCOUNT AND PAYMENT INFORMATION. YOU ACKNOWLEDGE THIS RISK AS INHERENT TO THE NATURE OF THE PAYMENT SERVICES AND YOU AGREE TO TAKE ADEQUATE SECURITY PRECAUTIONS TO SAFEGUARD YOUR INFORMATION AND DATA.
(ii) CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF YOU, OTHER PROVIDERS, OR THIRD PARTIES IN CONNECTION WITH PAYMENT SERVICES. EXAMPLES OF THE FOREGOING LIMITATION INCLUDE THAT CenturyLink has no liability if: (a) your financial institution or credit card provider showing that your designated account has insufficient funds or credit availability; (b) CenturyLink is prohibited by law or court order from withdrawing payment from your account; (c) the account from which payment is to be made is closed, frozen, or otherwise unavailable; (d) any part of the electronic funds transfer system or credit card/debit card processing system is not working properly at any time, including when you are attempting to use Payment Services to pay your invoice; or (e) there are any delays or failures in performance of Payment Services or any interruptions arising from any cause or circumstance beyond CenturyLink's reasonable control.
(iii) Accounts credited with a payment that is subsequently returned for any reason by your financial institution or credit card provider, including but not limited to insufficient funds, account closed or invalid account number, are debited for the amount of the original payment and all applicable returned check charges or other, similar charges. Your CenturyLink account may also be temporarily suspended immediately upon our receipt of the denial of payment or returned check and remain suspended until payment is received via a cash transaction, e.g., cash, cashier's check, or money order.
(iv) CENTURYLINK DOES NOT GUARANTEE THAT PAYMENT SERVICES WILL BE AVAILABLE AT ALL TIMES OR WITHOUT DELAY; YOU REMAIN RESPONSIBLE FOR PAYING YOUR BILL REGARDLESS OF THE AVAILABILITY OF PAYMENT SERVICES. If you are unable to view or pay your invoice electronically or online for any reason, contact CenturyLink Customer service by calling the phone number on your bill or through these websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts).
(e) AS PART OF PROVIDING SERVICE, CENTURYLINK MAY ACCESS YOUR PREMISES, COMPUTER HARDWARE AND SOFTWARE, AND YOUR NETWORKING AND INTERNET-RELATED EQUIPMENT. CENTURYLINK DOES NOT REPRESENT OR WARRANT THAT THE TECHNICIANS DOING SUCH WORK HAVE ANY SPECIAL EXPERTISE REGARDING YOUR COMPUTER OR SUCH EQUIPMENT.
(f) THE LIABILITY OF CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS IS FURTHER LIMITED AS FOLLOWS:
(i) FOR ANY SERVICE RELATED CLAIMS, YOUR EXCLUSIVE REMEDY IS THAT CENTURYLINK WILL CORRECT ANY ALLEGED OR ACTUAL DEFECTS IN SUCH WORK OR MATERIALS THAT ARE CENTURYLINK'S RESPONSIBILITY, WITHOUT ADDITIONAL CHARGES. IF, FOR ANY REASON, THIS LIMITATION IS HELD TO BE UNENFORCEABLE, YOU AGREE THAT ANY DAMAGES CENTURYLINK MIGHT HAVE TO PAY WILL NOT EXCEED THE TOTAL CHARGES PAID BY YOU TO CENTURYLINK DURING THE SIX MONTHS PRIOR TO NOTIFYING CENTURYLINK OF YOUR DISPUTE.
(ii) FOR CLAIMS RELATED TO DAMAGES OR LOSSES TO REAL OR PERSONAL PROPERTY, PERSONAL INJURY, AND WRONGFUL DEATH, CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS SHALL HAVE NO LIABILITY WHATSOEVER;
(iii) FOR CLAIMS RELATED TO ANY LOSS OR LACK OF PRIVACY AS TO, USE OR MISUSE OF, THEFT OF, DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, INFORMATION, OR DATA, INCLUDING ANY ACCOUNT OR PAYMENT INFORMATION, CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS SHALL HAVE NO LIABILITY WHATSOEVER; AND
(iv) FOR ALL OTHER CLAIMS, INCLUDING CLAIMS RELATING TO OR ARISING OUT OF THE SALE OF THE SERVICE OR CENTURYLINK'S BILLING FOR THE SERVICE, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL CHARGES YOU PAID TO CENTURYLINK IN THE SIX MONTHS PRIOR TO NOTIFYING CENTURYLINK OF YOUR DISPUTE. IF YOU GIVE NOTICE OF A DISPUTE AFTER TERMINATING SERVICE, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL CHARGES YOU PAID TO CENTURYLINK DURING THE LAST SIX MONTHS BEFORE TERMINATING SERVICE.
(v) REGARDLESS OF WHETHER CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY, LOSS, OR DAMAGE, CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF BUSINESS, LOST OR IMPUTED PROFITS OR REVENUES, LOSS OF INFORMATION OR DATA, DIMINUTION IN VALUE, COSTS OF COVER, OR INTERRUPTED SERVICE) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR SERVICE EVEN IF ANY SUCH DAMAGES ARE CAUSED BY CENTURYLINK, ITS AFFILIATES, AGENTS, OR CONTRACTORS.
(g) CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT IF SUCH DELAY OR FAILURE IS CAUSED BY A FORCE MAJEURE EVENT OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.
(a) Even though CenturyLink may take your order for Service, that does not mean CenturyLink will absolutely be able to provide the Service to you. After your order is taken, CenturyLink will be assessing CenturyLink's ability to implement the Service at your location. It may be that CenturyLink is unable to provide the Service to you. If CenturyLink ultimately decides CenturyLink can provide the Service, CenturyLink may need to change the original Service date.
(b) Disclaimer of Warranties. THE SERVICE, INVOICE AND PAYMENT-RELATED CONTENT, PAYMENT SERVICES AND ALL RELATED INFORMATION AND SUPPORTING SYSTEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. CENTURYLINK PROVIDES THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. CENTURYLINK DOES NOT WARRANT THAT THE SERVICE, PAYMENT SERVICES OR ANY OF ITS WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY CENTURYLINK, ITS AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. CENTURYLINK IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. CENTURYLINK TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
You agree to indemnify, defend, and hold harmless CenturyLink and its affiliates, contractors, officers, directors, employees, or agents from any and all third-party claims, liabilities, costs, and expenses, including reasonable attorney fees and punitive damages arising from:
(a) violation of any provision of this Agreement by you or others who use your Service;
(b) installation, modification, or use of the Service by you and/or any parties who use your Service, with or without your permission;
(c) claims for libel, slander, invasion of privacy, or infringement of any intellectual property rights arising from the use of the Service;
(d) patent infringement arising from your acts combining or using the Service in connection with facilities or equipment (circuit, apparatus, system or method) furnished by you;
(e) negligent acts, errors, omissions, gross negligence, or intentional conduct by you.
THIS SECTION 10 SHALL NOT APPLY TO ANY ENTERPRISE CLASS CUSTOMER.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS (AS OPPOSED TO ON A CLASS, REPRESENTATIVE, MASS, COLLECTIVE, CONSOLIDATED, OR COORDINATED BASIS), THROUGH PRE-SUIT DISPUTE RESOLUTION, AND IF APPROPRIATE, BY COURT ACTIONS DECIDED BY A JUDGE (NOT BY A JURY). IT LIMITS YOUR TIME TO NOTIFY CENTURYLINK OF A DISPUTE AND LIMITS YOUR TIME TO FILE ANY CLAIM, DISPUTE, ACTION, OR LAWSUIT. THIS SECTION GOVERNS ALL DISPUTES, CLAIMS, ACTIONS, OR LAWSUITS BETWEEN YOU AND CENTURYLINK ARISING OUT OF OR RELATING TO THIS AGREEMENT OR SERVICES, REGARDLESS OF THE LEGAL THEORY.
Before filing or commencing any lawsuit, claim, or action in any court, you must first present any claim or dispute to CenturyLink in writing in a manner reasonably sufficient to allow CenturyLink a fair and adequate opportunity to resolve the dispute without litigation (“Notice of Claim”). Any Notice of Claim should be emailed to legalaffairs@lumen.com or mailed to Lumen Technologies, Attn: Litigation Department, 931 14th Street, Suite 900, Denver, CO 80202.
THESE PRE-FILING REQUIREMENTS ARE MATERIAL TERMS OF THIS AGREEMENT PROVIDING YOU AND CENTURYLINK WITH SUBSTANTIVE, NOT MERELY PROCEDURAL, RIGHTS. YOUR FAILURE TO ABIDE BY THEM MAY BE GROUNDS FOR DISMISSAL OF ANY LAWSUIT.
Your Notice of Claim must be on your own individual behalf and shall not be made on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that any Notice of Claim must be on an individual basis, it is a violation of this Agreement for two or more claimants to include claims in a single Notice of Claim or attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same CenturyLink account.
(A) CenturyLink commits to work with you in good faith to resolve any disputes you may have. For your individual Notice of Claim to provide CenturyLink a fair and adequate opportunity to resolve the dispute without litigation, your Notice of Claim must include:
(1) the CenturyLink account number(s) for the account(s) related to the claim or dispute;
(2) a reasonable description of the facts underlying the claim or dispute, including relevant dates when you experienced billing, Service, equipment, software or other issues;
(3) an estimate of your money damages and how those damages were calculated;
(4) a description of any relief sought other than money damages; and
(5) supporting documentation, including copies of your bills supporting any billing dispute.
In addition to the information provided in your Notice of Claim, you also agree to respond within a reasonable time to any request from CenturyLink for additional information to support or clarify your claim or dispute.
(B) If your individual Notice of Claim includes any claim based on any alleged false statement, fraud, deception, or misrepresentation, then your individual Notice of Claim also must identify:
(1) the content of any alleged false or misleading statement or advertisement;
(2) the approximate date(s) on which you received, heard, or read that statement or advertisement;
(3) how you received that statement or advertisement; and
(4) if the alleged false or misleading statement was made by a particular person, that person’s name or affiliation with CenturyLink (e.g., CenturyLink employee, CenturyLink-authorized service technician, or contractor).
(C) Using information you provide pursuant to Sections 10(a)(ii)(A) and (B), CenturyLink will use reasonable efforts to search for and identify records of your account history, if any, that might be helpful in resolving your dispute. CenturyLink will also attempt to contact you directly to discuss your dispute. If you do not provide the information required by Sections 10(a)(ii)(A) and (B), CenturyLink is not obligated to search its records.
ii. Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis.
As consideration for the Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis in this Section 10(b), CenturyLink agrees that:
(A) CenturyLink will reimburse you for filing fees you incur for filing any lawsuit in small claims court, so long as your filing was consistent with these Dispute Resolution terms, regardless of whether you prevail on any claim in small claims court;
(B) If you both (1) prevail on a claim in court and (2) receive an award of actual damages that exceeds CenturyLink’s highest offer of settlement during the 60-Day Pre-Filing Period, CenturyLink will reimburse you for your reasonable attorneys’ fees, as well as any costs and expenses you or your attorney reasonably incurred for investigating, preparing, and pursuing your claims. The calculation of actual damages for purposes of this section excludes any award of attorneys’ fees, statutory minimum damages, statutory multiple damages or penalties, consequential damages, exemplary or punitive damages, and any other costs or expenses incurred in pursuing your claims;
(C) Nothing in this Agreement, including the limitations on liability in Section 7, will prevent or limit the recovery of statutory remedies;
(D) The damages cap in Section 7(f)(iv) is increased so that it will not exceed the total charges you paid to CenturyLink in the twelve months prior to notifying CenturyLink of your dispute. If you give notice of a dispute after terminating service, the damages cap in Section 7(f)(iv) is increased so that it will not exceed the charges you paid to CenturyLink during the last twelve months before terminating service; and
(E) CenturyLink will waive its right to any award of attorneys’ fees, costs, and expenses to which it might be entitled as a prevailing party in the lawsuit you filed, except that CenturyLink retains its right, as allowed by applicable law, to seek attorneys’ fees, costs, and expenses on the basis that your claim was frivolous or otherwise brought in bad faith or for the purpose of harassment.
Your right to attorneys’ fees, costs, and expenses provided by this Section 10(b)(ii) is not intended to limit your rights to recover these items under applicable law (if any such rights exist). If applicable law entitles you to a greater award to attorneys’ fees, costs, and expenses than allowed under Section 10(b)(ii), you may recover that greater amount. However, you may not recover duplicative awards of attorneys’ fees, costs, and expenses under both Section 10(b)(ii) and applicable law.
Both you and CenturyLink waive the right to a jury trial on your individual claims. To the extent court action is appropriate under this Agreement, any trial of your claims and CenturyLink’s defenses or counterclaims shall be to a judge or court presiding without a jury (i.e., a “bench trial”), except as provided in Section 10(d).
If a court deems Section 10(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action for any reason, the Waiver of Right to Jury Trial in Section 10(c) shall be unenforceable and severed from this Agreement.
YOU MUST NOTIFY CENTURYLINK OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT AS SOON AS IT IS DISCOVERED, BUT IN ANY EVENT, WITHIN 6 MONTHS AFTER IT IS DISCOVERED. FOR EXAMPLE, IF YOU DISPUTE ANY CHARGE ON YOUR INVOICE, YOU MUST NOTIFY CENTURYLINK OF THE DISPUTE WITHIN 6 MONTHS OF THE DATE OF YOUR INVOICE. YOU ACCEPT ALL CHARGES NOT DISPUTED WITHIN 6 MONTHS OF YOUR DISPUTED INVOICE. ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. IF A COURT DEEMS EITHER OF THE FOREGOING LIMITATIONS UNENFORCEABLE, THE LIMITATION(S) FOUND UNENFORCEABLE SHALL BE EXTENDED BY THE MINIMUM TIME NECESSARY TO MAKE THE LIMITATION(S) ENFORCEABLE.
Your disputes, claims, actions, and lawsuits shall be governed by the law of the state in which you receive the Services that are the subject of the dispute, claim, action or lawsuit.
This Section 11 shall apply only to Enterprise Class customers. Both you and CenturyLink waive the right to a jury trial on your claims. By this Agreement, both you and CenturyLink waive any right to pursue any disputes and claims on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that disputes and claims be pursued and resolved in court solely on an individual basis, it is a violation of this Agreement for two or more claimants to (1) pursue their claims in a single court action, or (2) attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same CenturyLink account.
This Section 12 shall apply only to Enterprise Class customers. YOU MUST NOTIFY CENTURYLINK OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT AS SOON AS IT IS DISCOVERED, BUT IN ANY EVENT, WITHIN 6 MONTHS AFTER IT IS DISCOVERED. FOR EXAMPLE, IF YOU DISPUTE ANY CHARGE ON YOUR INVOICE, YOU MUST NOTIFY CENTURYLINK OF THE DISPUTE WITHIN 6 MONTHS OF THE DATE OF YOUR INVOICE. YOU ACCEPT ALL CHARGES NOT DISPUTED WITHIN 6 MONTHS OF YOUR DISPUTED INVOICE. ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. IF A COURT DEEMS EITHER OF THE FOREGOING LIMITATIONS UNENFORCEABLE, THE LIMITATION(S) FOUND UNENFORCEABLE SHALL BE EXTENDED BY THE MINIMUM TIME NECESSARY TO MAKE THE LIMITATION(S) ENFORCEABLE.
Except as otherwise provided herein, all required notices to CenturyLink must be in writing and sent to 931 14th Street, 9th Floor, Denver, CO 80202; Attn.: Legal Department. Except as otherwise provided herein, you agree that all required notices to you will be provided by one or more of the following: posting online or in your CenturyLink account portal, bill message, bill insert, postcard, letter, call to your billed telephone number, or email to an address you provided either when you ordered Service or at a later time. You agree to provide CenturyLink with any and every change to your email address by reason by contacting CenturyLink via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). If you fail to provide updated email address information to CenturyLink, you agree that any notices sent to the email address provided by you will be deemed to have been received by you.
Except as otherwise provided herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after mailed via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when posted online or in your CenturyLink account portal or when sent electronically to the email address you provided.
(a) For customers other than Enterprise Class:
(i) In the event of any inconsistency between this Agreement and any other documents exchanged between you and CenturyLink related to the Service, the provisions of this Agreement will control.
(ii) In the event of any inconsistency between Sections 7 and 10 of this Agreement and the liability limitations and dispute resolution provisions of any other agreement between you and CenturyLink or any of its affiliates, Sections 7 and 10 of this Agreement shall control. The sole exception to the foregoing is that if you are subject to this Agreement and the CenturyLink® Connected Voice Subscriber Agreement, then Section 14(a)(iv) of the CenturyLink Connected Voice Subscriber Agreement shall be treated as an additional limitation of liability; and
(iii) In the event any other agreement between you and CenturyLink or any of its affiliates does not contain liability limitations or dispute resolution provisions, Sections 7 and 10 of this Agreement shall control to the greatest extent permitted by law.
(b) For Enterprise Class customers:
(i) In the event of any inconsistency between this Agreement and any other documents exchanged between you and CenturyLink related to the Service, the order of priority for resolving any inconsistency shall be as follows: your master service agreement or a CenturyLink-approved government contracting vehicle and any other documents attached to or expressly incorporated into the same, and then this Agreement.
(ii) Notwithstanding any other provision in this Agreement, Section 10 of this Agreement shall not apply, and any dispute resolution provisions of any other agreements between you and CenturyLink or any of its affiliates shall control.
15. General.
If any term or provision of this Agreement is held invalid, illegal or unenforceable, such term or provision will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms and provisions will remain in effect. Neither party’s failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. All terms and provisions of this Agreement that should by their nature survive the termination of this Agreement will so survive. All URLs listed in this Agreement include any successor URLs and content contained at such URLs are incorporated by reference. In the event any content contained at such URLs conflict with this Agreement, this Agreement controls. You agree that CenturyLink’s use of successor URLs and content contained therein does not cause a material and adverse economic impact to you. If such impact would result from the updated content, we will provide you notice of such change as described in Section 4(b) of this Agreement. You agree that you will not harass, threaten, or conduct yourself in a verbally or physically threatening or abusive manner toward any CenturyLink employee, vendor, contractor, or agent at any time. CenturyLink reserves the right to terminate your Services without notice in the event of such behavior.
For customers other than Enterprise Class, this Agreement, together with the other agreements, disclosures, and policies and posted information referenced herein, constitutes the entire agreement between you and CenturyLink with respect to the subject matter of this Agreement, and supersedes all prior or contemporaneous oral or written agreements or understandings between you and CenturyLink relating to the subject matter of this Agreement.
For any Enterprise Class customers, this Agreement, together with the other agreements, disclosures, and policies and posted information referenced herein, constitutes the entire agreement between you and CenturyLink with respect to the subject matter of this Agreement, and supersedes all prior or contemporaneous oral or written agreements or understandings between you and CenturyLink relating to the subject matter of this Agreement.
Please contact CenturyLink via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts) if you have any questions regarding your account or want more information about your Services and/or account.
Where required by law, customers who cancel their Service within the first three days, or seven days, as applicable, following acceptance of this Agreement will be refunded all charges incurred with respect to their account.
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