VOICE OVER INTERNET PROTOCOL SERVICE ADDENDUM
This Voice Over Internet Protocol (“VOIP”) Service Addendum (“Addendum”) is part of the Service Agreement between Customer and Provider and shall be deemed to be incorporated by reference in the Service Agreement. This Addendum governs both the VOIP Service and the Analog Telephone Adapter or any other IP connection Device (“Device” or “Equipment”), used in conjunction with the VOIP Service. Capitalized terms not defined in this Addendum shall have the meanings set forth in the Service Agreement.
THIS ADDENDUM INCLUDES MANY IMPORTANT TERMS, INCLUDING WARNINGS THAT YOU MAY BE UNABLE TO USE OUR VOIP SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES, AND LIMITS AND DISCLAIMS OUR LIABILITY. OUR VOIP SERVICE IS NOT INTENDED TO FUNCTION AS A REPLACEMENT FOR LINE-POWERED (TRADITIONAL COPPER-WIRE) PHONE SERVICE AND WILL NOT PROVIDE THE FUNCTIONAL EQUIVALENT OF TRADITIONAL PHONE SERVICE FOR CALLING 911. IF YOU DO NOT UNDERSTAND THESE LIMITATIONS OR DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT THE SERVICE AGREEMENT OR USE OUR VOIP SERVICE.
This Addendum governs Our VOIP Service. In order to receive Our VOIP Service, You must also receive our Internet Service. Unless a different Term for the VOIP Service is set forth in Your COS, VOIP Service is offered on the same Term as your Internet Service set forth in the Service Agreement and may only be cancelled or terminated by You on such terms and conditions as You may terminate your Internet Service.
1. General Overview
If You subscribe to our Residential Internet Service, which is defined as Internet Service intended solely for the subscriber’s residence, or home, and not for commercial purposes (“Residential Service”), the VOIP Service and the Device are provided to You solely for such residential use. You shall not resell or transfer the VOIP Service or the Device to another party. You are prohibited from using the VOIP Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify Your VOIP Service if We determine, in our sole and absolute discretion, that Your use of the VOIP Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, You will be required to pay our higher rates for commercial VOIP Service for all periods in which Your use of the VOIP Service or the Device was inconsistent with normal residential use.
If You subscribe to the Our Commercial Internet Service, which is defined as Internet Service intended solely for the subscriber’s use to support commercial, for-profit or not-for-profit, non-residential enterprises (“Commercial Service”), the VOIP Service and Device are provided to You as a small business user. Because We do not have control over Your power or sole control over Your Internet connectivity, You may experience occasional outages. For this reason We recommend that You maintain another backup provider so that You have backup contact ability. You shall not resell or transfer the VOIP Service or the Device to another party. You are prohibited from using the VOIP Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify Your VOIP Service if We determine, in our sole and absolute discretion, that You have at any time used the VOIP Service or the Device for any of the aforementioned or similar activities.
2. Limitations of VOIP Service
Customer acknowledges and agrees to the following limitations of VOIP Service:
(a) Not a telecommunications service. The VOIP Service is not a telecommunications service and We provide it on a best efforts basis. Important distinctions exist between telecommunications service and the VOIP Service offering that We provide. The VOIP Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect Your rights of redress before regulatory agencies.
(b) Operator assisted calling. The VOIP Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The VOIP Service may not support 311, 511 and/or other x11 services in one or more (or all) VOIP Service areas.
(c) Phone numbers. The phone numbers You obtain from Us for VOIP Service will not be listed in any telephone directories. Phone numbers transferred from Your local phone company may, however, be listed. As a result, someone with Your phone number may not be able to utilize a reverse directory to lookup Your address.
(d) Compatibility with other devices and systems. The VOIP Service may not be compatible with fax machines and DVR-type services. All non-voice communications equipment, including but not limited to, home security systems or alarm systems that are set up to make automatic phone calls, modems, data modems, any device that relies upon a modem, or other hearing impaired devices, and medical monitoring devices (“Non-Voice Systems”), are not compatible with the VOIP Service and may be interrupted or permanently disabled by installation or operation of the VOIP Service. You should maintain a telephone connection through Your local exchange carrier in order to use any alarm monitoring functions for any security system installed in Your home or business. You are solely responsible for the operation and use of such Non-Voice Systems with the VOIP Service, including taking any necessary steps, as permitted under Your Service Agreement, to ensure compatibility between such Non-Voice Systems and the VOIP Service.
(e) Other providers. You authorize Provider to act on Your behalf, as Your agent, in moving Your telephone number and related local and long distance services from Your current provider to Provider or any of its wholesale service providers. You acknowledge that We may change wholesale providers from time to time and may move Your phone number from one wholesale carrier to another at any time. You acknowledge that Provider will become the customer of record for all phone numbers that We move or “port” to the VOIP Service.
(f) The VOIP Service relies upon portions of the public Internet, and third party networks, to transmit voice and other communications signals. Provider cannot, and does not, guarantee that the VOIP Service is secure, or can be used in a secure manner.
(g) Not for High-Risk Uses. The VOIP Service is not fail-safe or designed or intended for use in situations where error-free or uninterrupted service is essential, including uses involving vital communications in which an error or interruption in the Service could lead to injury to business, persons, property or the environment (“High-Risk Uses”).
(h) No international calling. The VOIP Service only supports calling to the contiguous 48 states and You will not be able to use the VOIP Service to place international calls.
3. Revisions, Amendments, or Modifications to this Addendum
The current version of this Addendum can be found on Provider’s website. We may change this Addendum or the VOIP Service from time to time by posting a revised version of this Addendum or announcing VOIP Service changes on Our website currently located at: www.allpointsbroadband.com. Such changes may include, without limitation, increasing the charges for the VOIP Service or including or removing features that may be offered in conjunction with the service. Changes will become effective once posted, and Your continued use of the VOIP Service will constitute Your acceptance of any such changes. However, if You do not wish to continue VOIP Service after a change or modification in features or functionality that materially affects the VOIP Service to You, You may terminate Your VOIP Service by providing written notice to Provider within twenty (20) days of the effective date of the modification, and You will not be charged any Termination Fee.
4. Termination of Service
To cancel or terminate VOIP Service, You must follow the procedures applicable to termination of your Internet Service. Upon receipt of your request to cancel VOIP Service, if You do not simultaneously notify Us that You are porting (moving) Your phone number to a new phone provider, We will turn off Your All Points VOIP Service and terminate billing at the end of Your next full Monthly Billing Cycle. If You do simultaneously notify Us that You are porting (moving) Your phone number to a new phone provider, We will be required to leave Your All Points VOIP Service active until You or Your new phone company notify Us that the port-away has completed. The VOIP Service must remain active until the port-away has occurred or your phone number may be lost. Once We are notified that the port-away has completed, We will turn off Your VOIP Service and terminate billing at the end of the then-current Monthly Billing Cycle.
If You are canceling VOIP Service it is Your responsibility to notify Us if You have requested All Points to port Your number to another company and it has not yet completed the porting process.
We reserve the right to suspend or discontinue the VOIP Service generally, or to terminate Your VOIP Service, at any time in Our sole and absolute discretion. If We discontinue the VOIP Service generally, or terminate Your VOIP Service without a stated reason, You will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the charges for the final Monthly Billing Cycle. If Your VOIP Service is terminated on account of Your breach of any provision of the Service Agreement, You will be responsible for the full charges to the end of your next full Monthly Billing Cycle, including, without limitation, unbilled charges, plus the Termination Fee, if applicable, all of which will immediately become due and payable.
5. Service Requirements and Availability
In order to use the VOIP Service, You must supply certain equipment and facilities, such as a phone handset or equivalent, installed phone wiring and outlets, and a powered electrical outlet. You are responsible for supplying and ensuring that the equipment You supply is compatible with the VOIP Service and meets federal and other applicable standards. You represent that You either own Your equipment or have the right to use that equipment in connection with the VOIP Service. The Company shall have no obligation to provide, maintain, support or service Your equipment. If Your Internet Service is terminated, suspended or disconnected for any reason, the VOIP Service will not be available until You reestablish Your Internet Service with Provider.
6. Fees, Taxes and Other Charges
You are responsible for timely payment of the “Voice Service Fee” set forth on your COS, which shall be deemed a component of the Monthly Fees You are required to pay under the Service Agreement. The Voice Service Fee covers only your monthly use of the VOIP Service and does not include additional one-time charges that will be passed through to You, such as the fee to change your caller ID or to make certain other changes or modifications to your VOIP Service. You may obtain a list of our current one-time charges at any time by contacting our customer support department. You are also responsible for any taxes and fees associated with VOIP Service, which taxes and fees may change from time to time.
If Your usage pattern for calls to the forty-eight (48) contiguous state local calling areas is in the seventy-fifth (75th) percentile for two months out of any three month period Your account will automatically convert from an unlimited domestic long distance account to a metered use account. A metered use account will have a domestic long distance use allowance of 1000 minutes per user or per line per month, and additional domestic use for calls to the 48 contiguous state local calling areas will be billed at the then in effect domestic long distance rate, currently $.05 per minute.
The Voice Service Fee and the other rates and charges applicable to You under this Addendum are subject to the imposition of additional charges, surcharges or taxes that result from actions taken by federal, state, or local regulatory authorities, legislative bodies or courts of competent jurisdiction (collectively, “Regulatory Activity”). We may (i) pass through to You, in whole or in part, any such charges, surcharges or taxes directly or indirectly relating to Regulatory Activity, or (ii) modify the rates, charges or other terms and conditions of Your Service Agreement to accommodate the impact of Regulatory Activity, including, without limitation, actions taken by third parties in response to Regulatory Activity.
You also acknowledge that You may incur Customer-initiated charges while using the Services. For example, charges may be incurred as a result of You accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. You agree that all such charges, including all applicable fees and taxes, shall be paid by You and are not the responsibility of Provider.
If required, You will timely prepare and file FCC Form 499-A and quarterly filings that accurately reflect Your operations.
If another carrier or regulatory agency seeks to audit traffic involving Your VOIP Service, You will cooperate in any such audit investigation. In addition, to the extent any third party attempts to recover access fees, reciprocal compensation or other charges, surcharges or taxes from Us as a result of such audit investigation, You will indemnify and hold harmless Provider for any and all costs and charges resulting from such third party action.
7. 911 Emergency Services
Carefully read the information below. By acceptance, and use, of the VOIP Service You acknowledge and accept any limitations of 911/E911 service, and You agree to convey these limitations to all persons who may have occasion to place calls over the VOIP Service. If You have any questions about 911/E911, please call 703-554-6600 or our then-current customer service line.
LIMITATIONS ON 911 EMERGENCY SERVICE: The VOIP Service includes 911/Enhanced 911 functionality (“911/E911”) that may differ from the 911 or Enhanced 911 function furnished by other providers. As such, it may have certain limitations. E911 service includes transmission of your telephone number, and information you provide to Provider about the physical location of the equipment and facilities that are used to provide your VOIP Service (“Registered Location”). When you dial 911, your emergency services call will be routed to the applicable Public Safety Answering Point, or other applicable emergency services call center, or local emergency authority (“PSAP”). If the PSAP is capable of receiving your telephone number and Registered Location (“E911 Information”), such information will also be conveyed to the PSAP when you dial 911.
If You modify Your caller ID to a number that Our E911 service does not recognize or if You are using multiple line trunking, an E911 call will be routed to an Emergency Routing Service (“ERS”) call center, which will then route the call to the appropriate PSAP after the caller’s location is determined. You understand that such E911 calls will be delayed and that the caller must speak to ERS personnel before communications with the PSAP is established. For each call routed to ERS, You will be charged a fee of $150. Multiple calls will result in multiple charges. If You do not feel comfortable with these limitations, We suggest You make alternative methods available to call 911 or otherwise obtain emergency services, such as through a traditional telephone line or a mobile phone.
REGISTERED LOCATION: USE OF THE VOIP SERVICE FROM A LOCATION OTHER THAN YOUR REGISTERED LOCATION MAY CAUSE YOUR 911 CALL OR E911 INFORMATION TO BE ROUTED TO THE WRONG PSAP, MAY CAUSE EMERGENCY RESPONSE PERSONNEL TO BE DISPATCHED TO THE WRONG ADDRESS, AND MAY RESULT IN OTHER PROBLEMS WITH ACCESSING AND OBTAINING EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO RECEIVE EMERGENCY SERVICES. AS A RESULT, YOU MUST UPDATE YOUR REGISTERED LOCATION WITH PROVIDER BEFORE USING THE VOIP SERVICE AT A NEW LOCATION. TO UPDATE YOUR REGISTERED LOCATION, EMAIL PROVIDER AT email@example.com.
EVEN IF YOU USE THE VOIP SERVICE FROM YOUR REGISTERED LOCATION, TRYING TO CALL 911 OR OBTAIN EMERGENCY SERVICES THROUGH A 911 CALL MAY FAIL FOR A NUMBER OF REASONS, INCLUDING:
(a) POWER FAILURE – IF THERE IS A POWER OR INTERNET OUTAGE OR INTERRUPTION, YOU WILL NOT BE ABLE TO USE THE VOIP SERVICE FOR ANY 911 OR OTHER EMERGENCY CALLS (AFTER SUCH AN EVENT, YOU ALSO MAY NEED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE YOU CAN CALL 911). We offer You the option to purchase Backup Power for your VOIP Service that will enable You to make a 911 call during a power outage for a limited amount of time. If you would like to purchase Backup Power for the first time, or to replace an existing Backup Power solution, please email firstname.lastname@example.org or call our customer support number to request a Backup Power solution. Upon receipt of your request, we will provide an estimate of the cost to provide you with a Backup Power solution that will provide 24 hours of backup power for your Device and the Provider Equipment at your location. If you elect to proceed with installation of a Backup Power solution, the cost of such installation will be billed to you on a time and materials basis, with time billed at $100 per hour and materials billed at 120% of Our cost. The proper usage and storage conditions, as well as self-testing and self-monitoring instructions will depend on the specifics of the Backup Power solution we develop for you and will be provided to you upon installation. WE DO NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO ANY BACKUP POWER SOLUTION.
(b) TERMINATION OR SUSPENDED SERVICE – IF YOUR VOIP SERVICE OR INTERNET SERVICE IS INTERRUPTED, SUSPENDED OR CANCELLED FOR ANY REASON (INCLUDING DUE TO TECHNICAL PROBLEMS, YOUR FAILURE TO PAY PROVIDER, OR TERMINATION OF THIS ADDENDUM), YOU WILL NOT BE ABLE TO USE THE VOIP SERVICE TO CALL 911;
(c) TRANSFERRED NUMBER – AS DESCRIBED FURTHER BELOW, IF YOU TRANSFER A TELEPHONE NUMBER FROM YOUR TRADITIONAL TELEPHONE SERVICE, THERE MAY BE A DELAY OR INTERRUPTION IN YOUR ABILITY TO USE THE VOIP SERVICE TO CALL 911;
(d) UPDATED LOCATION INFORMATION – AS DESCRIBED FURTHER BELOW, IF YOU USE THE VOIP SERVICE AT A NEW REGISTERED LOCATION, IT MAY TAKE SEVERAL DAYS AFTER YOU NOTIFY PROVIDER OF THE NEW REGISTERED LOCATION BEFORE 911 CALLING OR E911 FUNCTIONS WILL BE AVAILABLE; AND
(e) TECHNICAL LIMITATIONS – NETWORK CONGESTION, RADIO INTERFERENCE, WEAK WIRELESS SIGNALS, OR OTHER CAUSES OF REDUCED INTERNET SERVICE PERFORMANCE MAY PREVENT YOU FROM USING THE VOIP SERVICE TO CALL 911 OR MAY DELAY THE ROUTING OF YOUR 911 CALL OR E911 INFORMATION. YOU SHOULD NOT RELY ON THE VOIP SERVICE AS YOUR PRIMARY METHOD TO OBTAIN EMERGENCY SERVICES. IF YOU DO NOT FEEL COMFORTABLE WITH THESE LIMITATIONS, WE SUGGEST YOU MAKE ALTERNATIVE METHODS AVAILABLE TO CALL 911 OR OTHERWISE OBTAIN EMERGENCY SERVICES, SUCH AS THROUGH A TRADITIONAL TELEPHONE LINE OR A MOBILE PHONE.
LIABILITY: YOU ACKNOWLEDGE AND AGREE PROVIDER WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PROVIDER, ITS AFFILIATES, AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE VOIP SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE VOIP SERVICE, INCLUDING THOSE RELATED TO 911/E91. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF AND UNDERSTAND THE FOREGOING LIMITATIONS AND AGREE TO ADVISE ALL PERSONS WHO MAY CONDUCT CALLS USING YOUR VOIP SERVICE OF THE SAME.
“REVERSE 911” SERVICE: “Reverse 911” service is a telephonic community notification system that may be used to deliver outbound messages in the event of an emergency. The system employs a combination of database and mapping technologies to allow emergency responders to pinpoint a specific geographic area and deliver the appropriate message to residents in the affected area. Certain systems have the ability to call both listed and unlisted phone numbers. You should contact Your local public safety agencies to determine if the number used in the provision of VOIP Service can be registered with the local public safety agency. The technical limitations associated with the provision of Reverse 911 service are due entirely to the local public safety agency’s network and systems capabilities. Provider shall not be liable for any failures, loss of service, interference, or incompatibility of the VOIP Service and any Reverse 911 service offered by local public safety agencies. Further, Provider offers no warranties, either express or implied, as to the availability of such Reverse 911 services, or their compatibility with the VOIP Service.
8. Prohibited Uses
You agree to use the VOIP Service and the Device only for lawful purposes. We reserve the right to immediately terminate Your VOIP Service if, in our sole and absolute discretion, We determine that You have used the VOIP Service or the Device for an unlawful purpose. In the event of such termination, You will be responsible for the full month’s charges to the end of the next full Monthly Billing Cycle, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Your VOIP Service. If We believe that You have used the VOIP Service or the Device for an unlawful purpose, We may forward the relevant communication and other information, including Your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Provider will provide information in response to law enforcement requests, subpoenas, court orders, or to protect Our rights and property and in the case where failure to disclose the information may lead to imminent harm to You or others.
You shall not use the VOIP Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate Your VOIP Service if, in our sole and absolute discretion, We determine that You have used the Service or the Device in any of the aforementioned ways. In the event of such termination, You will be responsible for the full charges to the end of next full Monthly Billing Cycle, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Your VOIP Service. In addition, Provider will provide information in response to law enforcement requests, subpoenas, court orders, to protect Our rights and property and in the case where failure to disclose the information may lead to imminent harm to You or others.
We do not presently offer or support the VOIP Service in any countries other than the United States. If You use the VOIP Service or the Device outside of the United States, You will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate Your VOIP Service immediately if We determine, in our sole and absolute discretion, that You have used the VOIP Service or the Device outside of the United States.
You agree not to use the VOIP Service in any manner than is inconsistent with Your Service Agreement or Provider’s Acceptable Use Policy.
Provider has no obligation to monitor the VOIP Service or any user’s use thereof or retain the content of any use of the VOIP Service. However, Provider reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to implement reasonable network management practices to ensure service quality levels are maintained.
You agree not to share, or re-sell, or redistribute the VOIP Service, in the case of Residential Service, with anyone not residing at the Service address, and in the case of Commercial Service, with anyone not associated with the entity purchasing the Service.
You may not use the VOIP Service to originate or terminate voice calls in a manner that bypasses switched access or other applicable charges. If You do so, it will constitute a material breach of Your Service Agreement and will entitle Us to discontinue VOIP Service and terminate this Addendum and/or Service Agreement for cause immediately upon the delivery of written notice to You. In addition, You agree to indemnify, defend and hold harmless Provider and Our Affiliates, their employees, directors, officers, and agents from and against all claims, demands, actions, causes of actions, damages, liabilities, losses, and expenses (including reasonable attorney’s fees) incurred as a result of Your breach of this obligation. Notwithstanding any other provision of Your Service Agreement, the damages for any breach of Your obligations pursuant to this paragraph shall not be capped or limited. We at any time may audit Your traffic to assure compliance with Your obligation not to bypass switched access or other applicable charges.
All traffic delivered by You or Your Authorized Users to Us for local termination, and all traffic We deliver to You or Your Authorized Users that originates in the same local calling area in which Your NPA-NXX is assigned or in which such traffic terminates with You or Your Authorized Users must either be local traffic or traffic entitled to be treated as local traffic under applicable federal, state and local laws, administrative and regulatory requirements, and any other authorities having jurisdiction over such traffic. With respect to such traffic, Provider will assign local telephone numbers to You or route Your traffic for termination as local calling. Neither You nor any of Your Authorized users may remove or in any way alter Automatic Number Identification (“ANI”) or Calling Party Number (“CPN”) information associated with any traffic delivered pursuant to Your Service Agreement. You will cooperate or, as necessary, assure the cooperation of others within Your control to obtain or verify any regulatory certifications or other information needed regarding the jurisdictional nature of the Your traffic.
9. Relocation Requirement
The VOIP Service may be used only at the registered location You provide to Provider. If You wish to relocate the Equipment, You must contact Provider for information on VOIP Service availability at the new location. If VOIP Service is available at Your new location, You must update and register the new location with Provider in order to update our records for the VOIP Service and help make 911 services and E911 features available to You. If VOIP Service, 911 calling or an E911 feature is not available at the new location, Your VOIP Service will be terminated or suspended until You return the Equipment to a location with VOIP Service, 911 and E911 availability and provide Us updated information for the new location. Using or moving, or attempting to use or move, the Equipment or VOIP Service to a location without complying with this Section 9 is a violation of the Service Agreement and You do so at Your own risk.
10. Local Number Portability
If You are transferring Your existing phone number from another service provider for use with the VOIP Service, the following terms and conditions also shall apply:
(a) You will cooperate fully with Provider and provide promptly all information, including a letter of authorization or other documentation, as requested by Provider in connection with the processing of Your order for VOIP Service;
(b) You authorize Provider to notify Your current telephone service provider of Your decision to switch Your local, local toll and long distance services to the VOIP Service, and You represent You are authorized to take such actions;
(c) You acknowledge that if You set up the VOIP Service prior to the date that the number switch becomes effective (the “Port Effective Date”), You may be able to place outgoing calls but not receive incoming calls over the VOIP Service, and may not be able to make 911 or other emergency calls over the VOIP Service, until the Port Effective Date (in such a case, You should keep another phone connected to an existing phone extension at Your service location to receive incoming calls until the Port Effective Date); and
(d) You acknowledge that if the VOIP Service is not yet activated as of the Port Effective Date, Your existing phone service for the number You are transferring will be disconnected and You will have no service for that line. To help avoid an interruption in Your phone service, You should install the VOIP Service prior to, or on, the Port Effective Date. An estimate of the Port Effective Date may be sent to You by Provider following Your completion of the ordering process, but this is only an estimate and not a guarantee of the Port Effective Date.
11. Limitation of Liability
IN ADDITION TO THE LIMITATIONS ON PROVIDER’S LIABILITY SET FORTH ELSEWHERE IN THE SERVICE AGREEMENT, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITIES, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATED TO:
(a) DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR ENHANCED 911 TELEPHONE SERVICE, INCLUDING WITHOUT LIMITATION (i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES, (ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS;
(b) INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE VOIP SERVICE, INTERNET ACCESS SERVICE, ANY EQUIPMENT, OR OTHERWISE;
(c) ANY LACK OR BREACH OF SECURITY YOU OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE VOIP SERVICE; OR
(d) USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK USES.
Provider’s liability under this agreement will not exceed the VOIP Service charges for the affected time period. Provider will not be responsible for third-party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wire line charges, technician charges, or other similar charges.
This Section 11, Limitation of Liability, will survive termination or expiration of the Service Agreement, whether terminated by You or Provider, for any reason.
12. Unlimited Use of Service
The VOIP Service offers unlimited local and domestic long distance calling for residential or business use subject to the following limitations. Use of the VOIP Service, including for any telemarketing purposes, that results in excessive use is strictly prohibited. Provider determines excessive use according to criteria identified at its sole discretion and control, regardless of prior history. Subscribers that engage in excessive use will, at Provider’s discretion, be subject to immediate termination, or will be converted to a metered rate plan which will be subject to rates calculated as described above.
You acknowledge that We may use call detail and Customer Proprietary Network Information (“CPNI”) as defined by FCC rules for all lawful purposes, including but not limited to actions related to the initiation, rendering, billing and collection of the VOIP Service. Further, such actions also include the use of CPNI for the purposes of testing, verifying, and otherwise assuring that the VOIP Service is delivered to You. You have the right to restrict Our use of, disclosure of, and access to your CPNI.
Provider utilizes, in part, the public Internet and third party networks to transmit voice and other communications. The Company is not liable for any lack of privacy which may be experienced with regard to the VOIP Service. Furthermore, VOIP Service may be offered over a platform on which voice and other signals are not encrypted. Finally, the Company cannot guarantee, or protect against the possibility that third parties may improperly attempt to capture signals, or communications, sent over the Our network or the public Internet.
BY ACCEPTING THE SERVICE AGREEMENT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS ADDENDUM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT ACCEPT THE SERVICE AGREEMENT OR USE THE VOIP SERVICE.