NOTICE TO WINDSPEED BROADBAND TELEVISION CUSTOMERS
We've designed our Notice to help you with any questions you may have regarding your WindSpeed Broadband cable television service. We follow various policies and practices when providing you cable television. We summarize in this Notice the policies and practices that directly affect you. We may change these policies and practices in the future and, if that occurs, we will notify you. We regularly review our services, policies and practices as part of our commitment to improve the quality of services we provide to our subscribers. We will send you a written, electronic or other appropriate notice informing you of any changes and the effective date of those changes. If you find the change unacceptable, you have the right to cancel your service; however, if you continue to receive services after the effective date of any change, we will consider that your acceptance of the change.
WindSpeed Broadband is committed to providing you exceptional service to give you the finest cable system possible. We sincerely appreciate your business and look forward to serving all of your communications and entertainment needs.
WindSpeed Broadband offers various cable television services at rates and fees more particularly described in a separate Channel Lineup / Price List.
How to Use Your Cable Service and Equipment Compatibility Notification
VIEWING BASIC CABLE SERVICE ON YOUR TELEVISION
Basic Cable service contains your local channels and broadcast networks plus a variety of cable services. Basic Cable can be viewed on any cable ready television or tuned through a VCR. Our cable system utilizes the VHF band of channel frequencies from channel 2 through 99. Your television or VCR owner's manual will state the VHF channel capability. If your television set or VCR will not tune VHF channels up to and including channel 99, you may need to purchase a standard converter from a local electronics merchant or rent a converter from WindSpeed Broadband.
Various options exist to connect your VCR with our cable service. Your VCR can be installed in such a manner that will allow viewing and recording the same channel or for viewing one channel while recording another. Additional installation and equipment charges may apply. Your VCR manual has detailed instructions concerning how to connect your VCR to our cable system.
Basic Cable may be viewed on any cable-ready television or VCR that can tune up to channel 99. If you do not currently possess "cable ready" equipment, you may choose to buy a standard converter at a retail outlet or rent a converter from WindSpeed Broadband.
According to government rules, after October 31, 1994, TVs and VCRs sold in the U.S. cannot be called "cable ready" unless they comply with new requirements, including the ability to properly tune channels. In addition, some TVs and VCRs cannot tune all channels without some interference. If this is the case with your equipment, you may need to purchase a converter from a retail outlet or rent a converter from WindSpeed Broadband. If you use a converter, you can only tune to one channel at a time. Certain features on your TV and VCR that depend on channel tuning of these devices may not be available with this configuration. For instance, taping one program while watching another, recording two or more consecutive programs that appear on different channels, and the use of advanced picture generation and display features such as picture-in-picture, channel review and other functions that necessitate channel selection by the consumer device may not be possible without additional equipment.
WindSpeed Broadband uses state-of-the-art descrambling methods to ensure the security of our system. Converters with descrambling capability for the WindSpeed Broadband service can only be obtained directly from WindSpeed Broadband. Certain cable converters that have descramblers (so called "pirate boxes" or "black boxes") are illegal to sell, purchase or use on the cable system. To the extent our descrambling methods affect your reception of signals, we can supply to you special equipment that will enable the simultaneous reception of multiple signals. We will consult with you to determine your specific equipment needs. Upon request, we will attempt to provide you with the types of special equipment needed to resolve your compatibility problem. Charges will apply for purchase or lease of such equipment, in accordance with federal law.
The converter offered by WindSpeed Broadband is operated with a hand-held remote control device. This remote performs some universal functions for many of the most popular TVs and VCRs. Consult the remote control manual for more information. The remote control that came with your TV or VCR may be capable of controlling some features of our converter box. You may also buy a "universal" remote control device from a third party. Models of remote control units currently available from third party retailers that are compatible with most customer premises equipment include the "One For All" brand of universal remote control. Please contact us to inquire about whether a particular remote control unit that you are considering for purchase would be compatible with the customer premises equipment.
Billing and Complaint Procedures
You can contact us by calling 216-851-2215. A representative will be available to take your call 24 hours a day, seven days a week. After normal business hours, i.e., those hours during which most similar businesses in the community are open to serve customers, the access line may be answered by a service or an automated response system. Inquiries received after normal business hours will be responded to by trained company representatives on the next business day.
Under normal operating conditions, except during special promotions, pay-per-view events, rate increases, seasonal demand periods, and maintenance or upgrade of the system, telephone answer time by a customer representative, including wait time, will not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time will not exceed thirty (30) seconds. These standards will be met no less than ninety percent (90%) of the time under normal operating conditions, measured on a quarterly basis.
WindSpeed Broadband will mail a statement to you monthly. It will include an itemization of the amount due for the current billing cycle plus past due amounts from the previous billing cycle, if any. The total of these amounts is the amount due to the company. Your first full monthly billing cycle begins the first day of the following month after installation of service is completed. If you disconnect service, your next statement may not include charges for pay-per-view movies or events that may still be recorded in your WindSpeed Broadband converter at the time of disconnection. We will review these converters on their return and will include any unrecorded movie or event charges on your final statement. In any case where a customer requests a cancellation or reduction of service within thirty (30) days after the notification of a scheduled rate or charge adjustment, then the customer’s liability for the newly implemented rate or charge shall cease from the moment that the rate or charge adjustment becomes effective.
PAYMENT DUE DATE
Statements are dated on the first (1st) of each month and require payment within twenty (20) days after the bill date. Accounts with a delinquent balance will be assessed a late fee of $5.00. The late fee policy protects our current paying subscribers, who otherwise would be subsidizing increased costs caused by late-paying customers.
WindSpeed Broadband offers several convenient methods to pay your monthly invoice:
- WindSpeed Broadband Payment Office or drop box located at 1395 Hayden Avenue, East Cleveland, Ohio.
- Send Bank check and bill stub via US Postal Service to the office at 1395 Hayden Avenue, East Cleveland, Ohio 44112.
- Electronic payment with your Visa or MasterCard.
RETURNED CHECK POLICY
We charge customers $25.00 for each returned check.
DISCONNECTION OF SERVICE
WindSpeed Broadband will promptly disconnect your service upon request. The date of disconnect will be coordinated with the subscriber. You are responsible for all service charges until we disconnect your service. We may continue to charge you for service after you disconnect if you delay in returning company equipment.
NON-PAY DISCONNECTION / RECONNECTION CHARGES, TERMS AND CONDITIONS
WindSpeed Broadband may disconnect your service if you do not pay any bill after the company has given you ten (10) days advance written notice of its intent to disconnect. Before restoring service after being disconnected for non-payment, WindSpeed Broadband may require payment of the full balance owed to WindSpeed Broadband, a security deposit, the published reconnection charge and any applicable franchise fees, taxes and any other applicable charges. On the day of the scheduled disconnect, WindSpeed Broadband will allow a customer to pay the entire past due balance, including any applicable collection, deposit or other charges, directly to the WindSpeed Broadband technician prior to completion of the physical disconnect. Disconnected customers who elect to remain disconnected are legally responsible for payment of all past due amounts, as well as for the safe return of all company property. The company reserves the right to pursue all legal remedies to enforce payment for company equipment, unless the equipment is returned in good working condition.
CREDITS FOR SERVICE INTERRUPTIONS
Upon receipt of a report from a subscriber of a service interruption caused by WindSpeed Broadband, which lasts for more than 4 hours per day, a credit will be given to the subscriber for each day of interruption. Upon receipt of a report from a subscriber of a service interruption not caused by WindSpeed Broadband which lasts for more than 24 consecutive hours, a credit will be given to the subscriber for each hour of service interruption. The credit amount is determined based on the customer's monthly services, the number of services affected and the total outage time.
The company will not issue credit if prevented from gaining access to its equipment to fix the problem. Credits are issued no later than the next billing cycle, following a determination that credit is warranted.
CHANGES OF SERVICE
Customers may order additional services offered by WindSpeed Broadband by calling our telephone number, 216-851-2215. Customers have the right to rescind their order for new services without charge prior to installation or activation. Billing will begin at the time the service is activated on the customer's account. Customers who participate in a promotional offer with a discount on monthly service fees will revert back to the standard monthly fee for the service at the end of the promotional period unless the customer terminates the service. WindSpeed Broadband will give customers at least 30 days’ written advance notice before the company removes a channel and/or institutes a rate increase.
You can report any performance issues with your service, including the quality of the television signal delivered by us, to our telephone number, 216-851-2215. You may also address questions in writing to WindSpeed Broadband, 1395 Hayden Avenue, East Clevland, Ohio 44112. WindSpeed Broadband's highly trained staff are able to handle the vast majority of questions over the phone and initiate corrective action.
If a billing dispute occurs, customers have thirty (30) days from the date of receipt of the bill to register a written dispute and are required to pay the undisputed amount. When a complaint is registered in writing, WindSpeed Broadband will submit a reply within thirty (30) working days of receipt.
If you are dissatisfied with our handling of your complaint, you can also contact the local franchising authority at the address and/or phone number listed below:
Ohio Department of Commerce
77 South High Street
Columbus, OH 43215-6123
Installation and Service Maintenance Policies
All technicians, sales personnel and other representatives of WindSpeed Broadband who perform service at a customer residence will be identified by an WindSpeed Broadband badge with a picture ID of the individual.
SCHEDULING OF INSTALLATIONS AND SERVICE CALLS
Under normal operating conditions, except for special promotions, pay-per-view events, rate increases, seasonal demand periods, and maintenance or upgrade of the system:
(i) the “appointment window” alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four (4) hour time block during normal business hours. Service calls and other installation activities may be scheduled outside of normal business hours for the express convenience of the customer.
(ii) WindSpeed Broadband will not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If our technician is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the WindSpeed Broadband technician will promptly contact the customer. The appointment will be rescheduled, as necessary, at a time that is convenient for the customer.
In the event access to the customer's premises is not available when the technician arrives during the established appointment window, the technician will leave written notification stating the time of arrival and requesting that the customer contact WindSpeed Broadband to establish a new appointment window.
If a WindSpeed Broadband representative is running late for an appointment and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
SERVICE CALL CHARGES
Service calls required to resolve a service problem are provided at no cost to the customer. Customers will be charged the applicable fee for service calls caused by (1) customer negligence, (2) destruction of or tampering with company's equipment, (3) improperly connected or malfunctioning VCRs, computers, video games or other customer equipment, or (4) a problem not within the control of WindSpeed Broadband.
Excluding situations beyond our control and under normal operating conditions, except for special promotions, pay-per-view events, rate increases, seasonal demand periods, and maintenance or upgrade of the system, WindSpeed Broadband will begin working on a customer service interruption promptly.
WindSpeed Broadband will restore video service within seventy-two (72) hours after a subscriber reports a service interruption or other problem if the cause was not a natural disaster.
Audits and Theft of Service
WindSpeed Broadband has sophisticated monitoring equipment that allows detection of illegal reception of cable TV signals and Internet connections. We regularly audit our system to detect such reception.
Federal law makes unauthorized reception of cable service a federal crime. Any person who willfully intercepts or receives or assists in intercepting or receiving any communications service offered over a cable system is subject to significant fines and/or imprisonment. We share the federal government's serious view of cable theft. We are working to control this problem for the benefit of our customers, our community and our organization. If you know or suspect someone is violating this law, please contact us at 216-851-2215.
Occasionally, we are required by federal law to block the cable casting of certain scheduled programs. These "blackouts" usually affect sporting events. Sports blackouts are usually imposed to protect: (i) the local sports team's ability to attract a live audience; and (ii) the television rights revenue by preventing duplication of any event by multiple carriers. In each case, one network is designated as the exclusive carrier of an event of a specific sports team. The exclusive network has arranged for this privilege at its own expense. FCC regulations require us to black out all other carriers of these events.
Cable Privacy Act and Customer Privacy Rights Notice
The Federal Cable Communications Policy Act of 1984 contains certain provisions regarding the collection and maintenance of personally identifiable information by cable television operators. In accordance with those provisions, WindSpeed Broadband collects and maintains personally identifiable information concerning customers. That information includes billing records, service maintenance and repair records, premium service subscription information, marketing information and customer complaints.
Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering cable television service to you. Some persons have access to such information when necessary in connection with our business. Access is as often as necessary and may be on a day-to-day basis. Those people include WindSpeed Broadband employees, WindSpeed Broadband sales agents, businesses that provide services to WindSpeed Broadband, such as our accountants, billing and collection services, program and program guide providers where applicable, program services that will periodically audit subscription information and representatives of the franchising authority. WindSpeed Broadband will not maintain such information after it is no longer necessary for carrying on our business.
As a customer, you may review any personal information held by us, which pertains to you if you give us a reasonable period of time to locate and, if necessary, prepare the information for review. (Preparation is sometimes necessary to avoid disclosure of information relating to other customers.) If you wish to review your personal information, please contact us by letter or telephone to arrange for a review. The review will be at our local system business office. You may request correction of any error in personal information that we collect or maintain pertaining to you.
Federal law prohibits WindSpeed Broadband from collecting any personally identifiable information other than information necessary to carry on our business or to detect theft of service unless you consent. To the extent that we are permitted to collect personally identifiable information, we are permitted to disclose such information only to the extent necessary to conduct our business. In addition, the law allows us to disclose your name and address for non-cable service related mailing lists or other purposes unless you tell us you do not wish to disclose it. However, such disclosure of names and addresses may not be in a form that discloses the extent or type of any use you make of services we provide, nor may it disclose the nature of any transaction you make over the cable system. If you do not wish to have your name and address disclosed even in this limited manner, or if you wish to limit the circumstances in which we will disclose it, please obtain, fill out, and return a "Nondisclosure of Name and Address Form" from our local business office.
Except as indicated in this Notice, we may not disclose personally identifiable information without your consent, unless we are required to do so by court order. If we are served with a court order requiring disclosure of personally identifiable information concerning a customer, we will inform the customer before any information is released. Under some circumstances, a governmental entity may seek a court order to obtain personally identifiable information from WindSpeed Broadband concerning a cable customer. The customer must be given an opportunity to contest issuance of such an order.