Common use of Availability of and Changes to Service Clause in Contracts

Availability of and Changes to Service. 2.1 Service and Bandwidth Availability and Speed. The Services you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Services even if initial testing showed that your line was qualified. We will provision qualified HSI lines at the maximum line rate available to your location based on our standard line qualification procedures, unless you have selected a level of Services with a lower maximum line rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to your Home Network will vary depending upon the number, type, age, software operating system, and configuration of devices using the Services and the type of use (for example, streaming media), among other factors. The speed of the Services may vary based on network or Internet congestion, your device configuration, your use and consumption of streaming or other digital media services, the condition of facilities used to deliver the Services and the wiring inside your location, among other factors. The Services and certain other Fios Services, such as Fios Home Phone and Fios TV VOD Services, share bandwidth on the fiber-optic connection to your home. The bandwidth available for the Services may be reduced temporarily (a) during times of significant utilization of Fios TV VOD Services in a particular area, (b) due to other unusual events such as network outage or failure, or (c) if you or someone in your household are simultaneously consuming multiple video content or data/internet/broadband streams. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Services to perform maintenance activities and to maintain session control. Our network management and performance practices are described in the following website and incorporated by reference herein: xxxxx://xxx.xxxxxxx.xxx/about/our-company/open-internet. 2.2 Conversion from HSI Services to Verizon Fios Internet Services. When Verizon is able to provision Services utilizing fiber optic technologies, we may in our discretion terminate your HSI Services and cease offering HSI Services to your location. In such case, we will offer you Fios Internet Services at the then applicable rates and terms, which may differ from your previous HSI Services rates and terms. If you are on a Term Plan and Verizon terminates or ceases to offer Services to your location under this Section 2.2, you shall not be liable to pay the ETF. If you convert from HSI Services to Verizon Fios Internet Services, this Agreement will continue to govern your Verizon Fios Internet Services.

Availability of and Changes to Service. 2.1 a) Service and Bandwidth Availability and Speed. The Services Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Services Service even if initial testing showed that your line was qualified. We will provision qualified HSI lines at the maximum line rate available to your location based on our standard line qualification procedures, unless you have selected a level of Services service with a lower maximum line rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to your Home Network the network will vary depending upon the number, type, age, software operating system, type and configuration of devices using the Services Service and the type of use (for examplee.g., streaming media), among other factors. The speed of the Services may Service will vary based on network or Internet congestion, your device computer configuration, your use and consumption of streaming or other digital media services, the condition of facilities used to deliver the Services your telephone line and the wiring inside your location, among other factors. The Services and certain other Fios Services, such as Fios Home Phone and Fios TV VOD Services, share bandwidth on the fiber-optic connection to your home. The bandwidth available for the Services may be reduced temporarily (a) during times of significant utilization of Fios TV VOD Services in a particular area, (b) due to other unusual events such as network outage or failure, or (c) if you or someone in your household are simultaneously consuming multiple video content or data/internet/broadband streams. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Services Service to perform maintenance activities and to maintain session control. Our network management and performance practices are described in the following website and incorporated by reference herein: xxxxx://xxx.xxxxxxx.xxx/about/our-company/open-internet. 2.2 b) Changes to your local voice telephony service. If you change your local telephone company or discontinue your local telephone service, we may in our discretion either terminate your Service or continue to provide Broadband Service without local Frontier voice service at the then-current rates, terms and conditions applicable to your new Service plan and you agree to pay any new or higher monthly fee that may apply to your new Service plan. If we elect to terminate your Service under this Section 6.2, then we reserve the right to charge any early termination fees and to apply the Equipment return terms under Section 9. c) Conversion from HSI Services DSL Service to Verizon Fios Fiber Internet ServicesInternet Service. When Verizon Frontier is able to provision Services Service utilizing fiber optic technologies, we may in our discretion terminate your HSI Services DSL Service and cease offering HSI Services DSL Service to your location. In such case, we will offer you Fios Fiber Internet Services Internet Service at the then applicable rates and terms, which may differ from your previous HSI Services DSL Service rates and terms. If you are on a Term Plan and Verizon terminates or ceases to offer Services service to your location under this Section 2.26.3, you shall not be liable to pay the ETF. If you convert from HSI Services to Verizon Fios Internet Services, this Agreement will continue to govern your Verizon Fios Internet Services.