Our website address is: https://valcomlps.com.
Broadband Internet Acceptable Use Policy
THIS ACCEPTABLE USE POLICY (“AUP” OR “POLICY”) IS A MATERIAL PART OF ANY AGREEMENT WITH VALCOM FOR PROVISION OF ITS SERVICES TO ITS CUSTOMERS. PLEASE READ AND FOLLOW THIS POLICY CAREFULLY. THIS POLICY MAY BE REVISED FROM TIME TO TIME BY VALCOM, OR AS OTHERWISE SET FORTH BELOW AND THE CURRENT VERSION OF THIS POLICY MAY BE FOUND AT http://valcomlps.com/legal.html.
Valcom LPS, Inc. (collectively “VALCOM”) has established this AUP for subscribers (“YOU” or “YOUR”) of VALCOM’s Internet access service, email, web hosting, voice-over-IP telephone service, or other Internet related services (collectively the “Service”) by designating standards for acceptable and unacceptable uses of the Service. This AUP forms part of the agreement between VALCOM and YOU and is incorporated by reference into VALCOM’s terms and conditions for the applicable Service (the “Terms”) as found at http://valcomlps.com/legal.html. All subscribers of the Service and anyone who uses or accesses the Service, must comply with, and shall be bound by the terms of this AUP. VALCOM supports the free flow of information and ideas over the Internet as described in the VALCOM Open Internet Statement and Policy found at http://valcomlps.com/legal.html. YOUR access to the Service is conditioned on legal and appropriate use of the Service. YOUR use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of VALCOM, or any third party.
PROHIBITED USES OF THE SERVICE. For the benefit of all of VALCOM’s subscribers, as a condition of the Service, VALCOM prohibits the following activities:
?1. Unlawful or Improper Use of the Service. YOU may not use the Service in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, YOU may not use the Service for any unlawful or abusive purpose, in any way that could damage, disable, overburden, or impair any VALCOM property, or in any way that directly or indirectly interferes with or disrupts our network or adversely affects another’s use or enjoyment of any Service, including other VALCOM subscribers. YOU may not use or attempt to use the Service in any manner such as to avoid incurring charges for or otherwise being required to pay for such usage. YOU may not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account that YOU are not expressly authorized to access, or probing the security of other networks. YOU may not interfere or attempt to interfere with any services to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. YOU may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any server or a user’s session, by any means, locally or via the Internet. The Service is intended for periodic, active use. YOU may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is prohibited.?
2. Excess Utilization of Network Resources. The excessive use or abuse of VALCOM ’s network resources by one subscriber may have a negative impact on all other subscribers. Accordingly, you may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in VALCOM’ sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, or continuous FTP uploading or downloading. In the event that you violate the terms of this provision VALCOM may, without limitation, restrict your access to VALCOM’ network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or immediately suspend or terminate your Service. In the event of termination of your Service, all applicable termination charges will apply.
3. Intellectual Property Infringement. YOU may not use the Service to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, or the unauthorized transmittal of copyrighted software. VALCOM is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify VALCOM if they believe a VALCOM customer has infringed the copyright owner’s work(s). If VALCOM receives a notice from a copyright owner alleging a Customer has committed copyright infringement, VALCOM will notify the Customer of the alleged infringement. If VALCOM receives more than one notice alleging copyright infringement on the Customer’s part, Customer may be deemed a “repeat copyright infringer.” VALCOM reserves the right to terminate the accounts and access to the Service of repeat copyright infringers. YOU are also prohibited from using the service to interfere with any technical measures employed by VALCOM that ARE used to ensure compliance with this policy.
4. Objectionable Material. YOU may not use the Service to advertise, solicit, store, post, transmit, disseminate, or otherwise make available material or information that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, national, or international law, order, rule, or regulation. VALCOM will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
5. Spamming, Junk E-mail and Invasion of Privacy. YOU may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, fax blasting, or other activity that invade another person’s privacy (collectively, “Spam”). An e-mail may be “unsolicited” for purposes of this AUP if (1) the recipients’ e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.
6. Fraudulent Activity. YOU may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” YOU may not use techniques to hide or obscure the source of any e-mail or other communication.
?7. Impersonation. YOU may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent YOUR affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, YOU may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. Further, YOU may not alter, obscure or forge the MAC or IP addresses of the network’s equipment or systems used by VALCOM to provide the Service.
?8. Software Viruses. worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Service or any connected network, system, service, or equipment are not permitted.
9. Collecting Information. YOU may not use the Service to store or collect, or attempt to store or collect, personal information about third parties without their prior knowledge and consent.
10. Newsgroups. YOU should use YOUR best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQS, or “community standards” describing what is and is not considered appropriate. YOU must abide by such guidelines. YOU may not post or list articles which are off-topic according to the description of the group or send unsolicited mass e-mailings to ten or more people if such e-mail could reasonably be expected to provoke complaints from its recipients. Without limiting any other rights or remedies that VALCOM may have under this AUP, the applicable Terms or applicable law, VALCOM may cancel any postings that violate this AUP as determined by VALCOM in its sole discretion.
?11. Use of Your Account by Others. YOU may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP. YOU may not permit YOUR network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.
12. Reselling. YOU may not directly or indirectly reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service without VALCOM’s prior written consent.
?13. Forging of Headers. YOU may not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
14. Hacking. YOU may not access illegally, or without authorization, computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
?15. Facilitating a Violation of this Policy. YOU may not advertise, transmit, or otherwise make available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
16. Export Control Violations. YOU may not use the service for the transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
17. Other Illegal Activities. YOU may not use the service in violation of any applicable law or regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
ILLEGAL AND FRAUDULENT ACTIVITY
YOU acknowledge and agree that VALCOM may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security may incur criminal and/or civil liability. VALCOM may immediately suspend or terminate YOUR Service if VALCOM suspects abuse or fraudulent use of the Service, interference with our network, or violation of the AUP or applicable Terms, and may notify the appropriate authorities if it reasonably believes that such abuse or fraudulent use is in violation of applicable law. YOU must cooperate with VALCOM in any fraud investigation and use any fraud prevention measures that VALCOM prescribes. YOUR failure to provide reasonable cooperation may result in YOUR liability for all fraudulent usage.
Sharing YOUR User ID or password with any other person is absolutely prohibited. In the result that YOU do share YOUR User ID or password with another person, YOU will be solely responsible for the actions of that other person. Deletion, examination, copying, or modification of files and/or data belonging to other users without their prior consent is prohibited. Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity, is prohibited. Any unauthorized, deliberate action which damages or disrupts a computing system, alters its’ normal performance, or causes a malfunction, is a violation regardless of system location or time duration.
VIOLATIONS OF AUP
1. In the event that YOU violate this AUP, VALCOM may, without limitation, restrict YOUR access to VALCOM’s network, increase the fees associated with YOUR Service, including upgrading YOU to a higher class of Service, or immediately suspend or terminate YOUR Service. In the event of termination of YOUR Service, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of VALCOM are cumulative and not exclusive of any rights or remedies that VALCOM may otherwise have at law or in equity. Waiver of any violation of this AUP by VALCOM shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by VALCOM in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. YOU should read this AUP in conjunction with the Terms for any applicable Service and our other Policies which are set forth on our website. VALCOM has the right but not the obligation to monitor or restrict any uses of the Service that VALCOM believes in its sole discretion violates this AUP, any part of the applicable Terms, or applicable law. YOU are solely responsible for all content that YOU transmit or receive utilizing the Service, and are responsible for abuse of YOUR account by others.
2. In addition, violations of this AUP may result in a demand for: immediate removal of offending material; immediate, temporary or permanent filtering; blocked access; suspension or termination of service (in whole or in part); or other action appropriate to the violation, as determined by VALCOM, in its sole discretion. We reserve the right to take any such action without notice at any time, as determined by us in our sole discretion. VALCOM may involve, and will cooperate with, law enforcement if criminal activity or threatened criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations or alleged violations of this AUP. YOU will be liable to us for any damages incurred by us or amounts that are required to be paid by us that arise out of or are related to YOUR violation of this AUP, including, without limitation, damages paid to third parties, cost of repairs or replacements, reasonable attorney’s fees or other costs or damages incurred by us.
PRIVACY, MONITORING THE SERVICE, POLICY MANAGEMENT
VALCOM is under no obligation to monitor the Service, anyone’s use of the Service, or to retain the content of any user session. However VALCOM may do so from time to time in its discretion. Without limiting any other right of VALCOM under this AUP or the applicable Terms, VALCOM (a) reserves the right at all times and without notice to delete any content and (b) may disclose any information regarding YOU or YOUR use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, orders, or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect VALCOM’s property or legal interests and those of its subscribers. To protect its customers and its network VALCOM may, without limitation, block and allow traffic types as we see fit at any time.
VALCOM requests that any person who becomes aware of a violation of this AUP report the information to VALCOM at email@example.com or by mail to 619 14th Street SW, Loveland, CO 80537. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. VALCOM may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber’s newsgroup posting privileges; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act of 1998 (DMCA) and in accordance with Title 17, Section 512(c)(2) (as amended) of the United States Code, notifications of a claimed copyright infringement may be sent (a) by e-mail to firstname.lastname@example.org; (b) by regular mail to 619 14th Street SW, Loveland, CO 80537; or (c) to the Registered Agent for any VALCOM affiliate.
REVISIONS, RESERVATION OF RIGHTS
VALCOM reserves all rights including the right to revise, amend, or modify this AUP or any other Policy at any time, and any such revisions will be effective ten (10) days after posting on VALCOM’s website. YOU agree that YOUR continued use of the Service after the effective date of any such revision, amendment or modification will constitute YOUR acceptance thereof and YOU shall thereafter be bound by the terms of this AUP, as revised, modified or amended. IT IS YOUR RESPONSIBILITY TO CHECK VALCOM ’S WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS AUP MAY CHANGE WITHOUT NOTICE.
The terms and provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this AUP, is prohibited. We reserve the right at all times, with or without notice, to prohibit activities that damage our commercial reputation and goodwill or that affect the quality of our services or our ability to provide services.
YOU agree to indemnify and hold harmless VALCOM , and its suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation, reasonable attorney’s fees) arising out of or related to YOUR use of the Service, any materials downloaded or uploaded through the Service, any actions taken by YOU in connection with YOUR use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this AUP. This Section will not be construed to limit or exclude any other claims or remedies that VALCOM may assert under this AUP, the applicable Terms or by law.
ALL INTERNET AND DATA CONNECTIONS DELIVERED BY VALCOM LPS, INC.
1.0 DEDICATED INTERNET ACCESS SERVICE
1.1 Description of Service: Dedicated Internet Access (“DIA”) Service (“Service”), which includes Point to Point Licensed Spectrum Fixed Wireless, Point to Point Unlicensed Spectrum Fixed Wireless, Point to Multipoint Licensed Spectrum Fixed Wireless, Point to Multipoint Unlicensed Spectrum Fixed Wireless, T1, DS-3, Ethernet, Fast Ethernet, and Gigabit Ethernet, provides Internet access to the Customer via either a wireless radio frequency link, cross-connect, or a local loop from the Customer Premises router to a port on the VALCOM LPS, INC. Internet access network interface. Service may accommodate special routing access requests by the Customer and/or by VALCOM LPS, INC..
1.2 DIA Equipment and Maintenance: Service must terminate into a VALCOM LPS, INC.-approved router on the customer premises (CPE). A CPE router is required for the exchange of traffic between the VALCOM LPS, INC. Network and the Customer and may be furnished by Customer or provided by VALCOM LPS, INC. at either no additional charge or for a monthly recurring fee, depending on the speed of Service. If provided by VALCOM LPS, INC., VALCOM LPS, INC. will maintain, manage and support all DIA Equipment, including all associated device configurations and operational usernames and passwords. Customer must provide VALCOM LPS, INC. with unrestricted access to VALCOM LPS, INC.-provided DIA Equipment for purposes of testing, upgrading, and other maintenance activities. Customer will provide continuous electrical service to VALCOM LPS, INC.-provided DIA equipment. VALCOM LPS, INC. will not be responsible for management of VALCOM LPS, INC.-provided DIA Equipment if Customer has modified the DIA Equipment, including making any configuration changes. Customers who choose to provide their own DIA routers will be solely responsible for all router maintenance, management, and support. In addition, Customer must provide a single Layer-3 (IP) interface on Customer provided DIA router for the termination of Service. VALCOM LPS, INC. will configure a single IP address on the single Layer-3 IP interface. Multiple Layer-3 or Layer-2 interfaces may not be used to connect directly to any single DIA Service circuit.
1.3 DIA Service Demarcation: The point of demarcation for Service is the physical network location to which the Customer provided DIA router is connected or, if DIA Equipment is furnished by VALCOM LPS, INC., the LAN port at which interconnection takes place. Customer will provide VALCOM LPS, INC. with access to Customer’s premises, as necessary, to facilitate Service installation, testing and maintenance requirements.
1.4 Service Provisioning: If the Company, in its sole discretion, decides to provide via copper facilities acquired from a serving Local Exchange Carrier and subsequently ascertains that said facilities are unavailable for use, the Company may cancel the Service Order Agreement or Master Service Order Agreement without liability and without any further obligation to Customer.
1.5 Service Use: Service use is limited to Customer and its End Users.
1.6 Notices: Customer shall notify VALCOM LPS, INC. within five (5) days of any information or notices served on Customer that might adversely affect VALCOM LPS, INC. including, but not limited to, notices of any claims or proceedings that involve Service. In addition, Customer shall promptly notify VALCOM LPS, INC. of any errors, “bugs,” or Service problems of which Customer becomes aware when using Service.
1.7 Disclaimers: VALCOM LPS, INC. exercises no control over, and therefore accepts no responsibility for information or content passing through the Company’s host computers, VALCOM LPS, INC. Network hubs and POPs (the “VALCOM LPS, INC. Network”). EXCEPT AS EXPRESSLY SET FORTH IN SECTION 1.12 INFRA, VALCOM LPS, INC. MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICE OR EQUIPMENT IT PROVIDES, AND IT DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. VALCOM LPS, INC. expressly denies any responsibility for the accuracy or quality of information obtained by Customer or its End-Users through the use of Service. The use of any information obtained via the VALCOM LPS, INC. Network is at Customer’s and End User’s own risk.
1.8 Term and Termination
1.8.1 Service Commencement: VALCOM LPS, INC. will notify Customer when: (a) Service is installed or connected, successfully tested, and available for Customer use; and (b) if VALCOM LPS, INC. is installing DIA Equipment, that the DIA Equipment has been installed and is operational. Billing will begin on the Start of Service Date regardless of whether Customer is prepared to use Service. VALCOM LPS, INC. shall not be liable for any damages of any nature resulting from delays in meeting requested or specified service dates or its inability to provide Service.
1.8.2 Term: The minimum term of Service is one (1) year beginning on the Start of Service Date. Unless one Party notifies the other in writing at least thirty (30) days prior to the expiration of the original or any renewal term of Service that it intends not to renew Service, Service shall automatically renew for the same term of Service period at the same pricing, terms and conditions.
1.9 Cancellation and Termination Charges.
1.9.1 If Customer cancels Service after an order has been placed but before the Start of Service Date, Customer will (a) pay VALCOM LPS, INC. one (1) month’s monthly recurring charges for Service, plus any applicable service ordering and installation charges incurred by VALCOM LPS, INC. in undertaking to provision Service, and (b) return, at Customer’s expense, any VALCOM LPS, INC. equipment in the same condition as when it initially was delivered and installed, reasonable wear and tear excepted, as well as any software or other materials provided by Company.
1.9.2 If Customer terminates Service after the Start of Service Date, Customer must pay for all charges associated with the ordering and installation of Service, as well as the first month’s recurring charges and for the monthly recurring charges for the remainder of the Service term, unless the Customer’s termination is for cause. In addition, Customer will return, at its expense, any VALCOM LPS, INC. equipment in the same condition as when it initially was delivered and installed, reasonable wear and tear excepted, as well as any software or other materials provided by the Company.
1.9.3 Customer agrees that the damages specified in Sections 1.9.1 and 1.9.2 are difficult or impossible to ascertain with certainty and, therefore, the damages specified therein are intended to serve as liquidated damages and not a penalty.
1.10 Acceptable Use Policy
1.10.1 Customer acknowledges it has reviewed the Company’s Acceptable Use Policy (“AUP”) located at (http://www.risebroadband.com). Said Policy, which may be amended by VALCOM LPS, INC. from time to time, is incorporated by reference herein and binding on Customer.
1.11.1 Pricing for DIA Service is as set forth in the applicable Service Order and may vary depending on port speed, access costs or DIA Equipment costs required to deliver DIA Service to Customer.
1.11.2 Committed Data Rate: If Customer selects a burstable Service and a minimum per Mbps data rate (“Committed Data Rate”) applies to a particular IP port, Customer’s per-port usage of Service (both Send Traffic and Receive Traffic) via such port will be sampled every five (5) minutes for the previous five (5) minute period. At the end of each monthly billing period, the top five percent (5%) of Send Traffic and Receive Traffic samples for such port will be discarded. The higher of the resulting ninety-fifth (95th) percentile value for Send Traffic or Receive Traffic for such port will be compared to the Committed Data Rate applicable to the port. If the ninety-fifth (95th) percentile of either Send Traffic or Receive Traffic is higher than the applicable Committed Data Rate, Customer, in addition to being liable for the Committed Data Rate, will be liable for payment at the ninety-fifth (95th) percentile level for any usage in excess of the Committed Data Rate at the contracted per Mbps rate. For the purposes of this Exhibit, “Receive Traffic” means traffic from any origination point that is received by Customer from the VALCOM LPS, INC. IP Network and “Send Traffic” means traffic from any origination point that is sent by Customer onto the VALCOM LPS, INC. IP Network.
1.12 Service Level Agreement (“SLA”)
1.12.1 Customer acknowledges it has reviewed the Service Level Agreement (“SLA”) located at http://www.risebroadband.com. Said SLA, which may be amended from time to time, is incorporated by reference herein and is binding on VALCOM LPS, INC. and Customer.
1.13 Network Numbers and Domain Name Policies
1.13.1 The VALCOM LPS, INC. Domain Name and TCP/IP Addresses provided in connection with Service remain the property of VALCOM LPS, INC. and upon Service termination, Customer’s right to use VALCOM LPS, INC. Domain Name and TCP/IP Addresses will cease. Unless otherwise mutually agreed in writing, Customer at all times is responsible for maintaining its own Domain Name when purchasing Service and for paying all charges associated with the Domain Name, including charges billed to Customer for Domain Name registration by third parties.
1.13.2 VALCOM LPS, INC. will have sole and exclusive discretion with regard to the Internet routing of VALCOM LPS, INC.-provided IP addresses.
1.14 Software License
1.14.1 Customer will not reproduce, modify, translate, transform, decompile, reverse engineer, disassemble, or otherwise determine, or attempt to determine, source code from any VALCOM LPS, INC. or third party software, nor will it permit or authorize any third party to do so. Title to such software, and all related technical know-how and intellectual property rights therein, will remain the exclusive property of VALCOM LPS, INC. and/or its suppliers. Customer must not take any action to jeopardize, limit or interfere in any manner with VALCOM LPS, INC.’s or a supplier’s ownership rights with respect to any licensed software.
1.14.2 VALCOM LPS, INC. PROVIDES, AND CUSTOMER HEREBY ACCEPTS, ANY VALCOM LPS, INC. OR THIRD PARTY SOFTWARE PROVIDED TO OR USED BY CUSTOMER IN CONNECTION WITH SERVICE “AS IS,” WITH NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING HEREIN MAY BE INTERPRETED TO ENHANCE OR CREATE ANY WARRANTY WITH RESPECT TO ANY THIRD PARTY SOFTWARE. VALCOM LPS, INC. DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE DELIVERY, INSTALLATION, SUPPORT OR USE OF ANY SOFTWARE AND ASSUMES NO OBLIGATION TO CORRECT ERRORS IN ANY SOFTWARE. CUSTOMER UNDERSTANDS AND ACCEPTS ALL RESPONSIBILITY FOR ANY SOFTWARE MEETING CUSTOMER’S REQUIREMENTS OR EXPECTATIONS.
1.15 Limitation of Liability
1.15.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER’S OR CUSTOMER’S ENDUSERS’ USE OF THE VALCOM LPS, INC. NETWORK AND SERVICE INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, CUSTOMER’S SOLE REMEDIES FOR ANY CLAIMS RELATING TO SERVICE OR THE VALCOM LPS, INC. NETWORK ARE LIMITED TO CREDIT OUTAGE ALLOWANCES FOR WHICH THE CUSTOMER MAY BE ELIGIBLE.
1.15.2 VALCOM LPS, INC. will not be liable for any action it takes to remove or restrict access to obscene, indecent or offensive content made available by Customer, nor for any action taken to restrict access to material made available in violation of any law, regulation or rights of a third party including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.
1.16.1 Customer will indemnify, defend and hold VALCOM LPS, INC. and its officers, directors, employees, agents, affiliates and suppliers harmless from and against any claims, actions, demands, losses, damages and expenses, including attorney’s fees, relating to any violation including, but not limited to, a breach by Customer, its End Users or other users of its account of their obligations with regard to Service, the placement or transmission of any message, information, software or other materials on the Internet by Customer, its End Users or other users of its account, a violation of the AUP, or Customer’s traffic being processed through the Company’s switch, port or node. This indemnification will survive the termination of the Service Term.
Service Level Agreement (SLA)
Valcom LPS, Inc. Dedicated Internet Access (DIA)
Services are backed by specific service level guarantees.
Network Availability Guarantee – 100%
The Valcom LPS, Inc. IP Network, as defined in this section, is guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The Valcom LPS, Inc. IP network includes the customer’s access port (the port on the Valcom LPS, Inc. aggregation router upon which the customer’s circuit terminates) and the Valcom LPS, Inc. IP backbone network.
The Valcom LPS, Inc. IP backbone network includes Valcom LPS, Inc. owned and controlled routers and circuits (including any transit connections).
If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/90th of the Monthly Recurring Charge (MRC) for that month for each full hour of outage under this SLA. Limits on the credit and the reporting procedures are detailed below.
Latency Guarantee (85 Milliseconds)
The Valcom LPS, Inc. IP backbone network (as defined in the previous section) is guaranteed to have an average round trip packet transit time within the Valcom LPS, Inc. IP backbone network over a calendar month of 85ms or less. The average latency is measured as the average of 15-minute samples across the Valcom LPS, Inc. IP backbone network taken throughout the calendar month.
If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/180th of the Monthly Recurring Charge (MRC) for that month for each full hour of outage under this SLA. Limits on the credit and the reporting procedures are detailed below.
The Valcom LPS, Inc. IP backbone network (as defined above) is guaranteed to have a maximum average packet loss of less than 1% over a calendar month. The packet loss is measured as the average of 15-minute samples across the Valcom LPS, Inc. IP backbone network taken throughout the calendar month.
If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/180th of the Monthly Recurring Charge (MRC) for that month for each full hour of outage under this SLA. Limits on the credit and the reporting procedures are detailed below.
Network Jitter Guarantee
The average network jitter delay caused by the Valcom LPS, Inc. IP backbone network (as defined above) is guaranteed not to exceed 20 ms during any calendar month.
If this Guarantee is not satisfied during a calendar month, the customer will receive a credit of 1/180th of the Monthly Recurring Charge (MRC) for that month for each full hour of outage under this SLA. Limits on the credit and the reporting procedures are detailed below.
Credit Limits and Reporting Procedures
Total credits under this SLA are limited to the Monthly Recurring Charge (MRC) for the affected DIA service for the month in which the service does not meet the guarantees. The above guarantees do not include the local access circuit (e.g. local loop), Customer Premises Equipment (router or CPE) or the customer’s Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events (as defined in the relevant service contract).
Please call Valcom LPS, Inc. Customer Care to request a Dedicated Internet Access (DIA) Service Level Agreement (SLA) credit.
VALCOM LPS, INC. HOSTED PBX SERVICES
I. Service Description
VALCOM LPS, INC. Hosted PBX Service (“Service” or “Hosted PBX Service”) is a service offering consisting of (i.)
Professional Services project management and turnkey implementation of the VALCOM LPS, INC.-provided Hosted PBX solution and network services; (ii.) the provision of Hosted PBX manufacturer hardware and software applications, telephone handset(s) and related applications (collectively “Equipment”) at Customer-specified service location(s) (“Premises”); (iii.) the furnishing of voice and data access, local, and long distance services; (iv) the service and support of Equipment at such Premises; (v.) on-going lifecycle management; (vi.) remote moves, adds, and changes; (vii.) proactive monitoring and alerting.
Service is provided, in part, via a centralized multi-tenant IP PBX that accommodates customers with IP telephone stations and allows access to VALCOM LPS, INC.’s network.
The Service provides basic voice service calling features with each telephone number ordered. In order for Customer to qualify for IP telephone handsets for use in connection with the Service, Customer must qualify itself as IP-ready. VALCOM LPS, INC. will evaluate, design, provision, maintain and manage Service based on a configuration proposed to, and accepted by, Customer as detailed in the accompanying Service Order Agreement (“SOA”).
In the event of any inconsistency between the terms and conditions set forth in the SOA and these Hosted PBX Service terms, these Hosted PBX Service terms will control.
II. Agreement; Price Changes; Service Requirements and Restrictions
1. Agreement. These terms and conditions together with those set forth in the Service Order Agreement (“SOA”), including any applicable attachments, as well as any applicable tariffs, VALCOM LPS, INC.’s Acceptable Use Policy (“AUP”) found at www.risebroadband.com and the General Terms and Conditions, all of which are incorporated herein by reference and made part of the Agreement govern VALCOM LPS, INC.’s provision of Hosted PBX Service.
2. Pricing and Price Changes. Cancellation of Service by Customer after Service is ordered, but prior to Service availability will result in early termination charges. Changes to an accepted PBX configuration prior to its installation will result in configuration change charges.
Refusal by Customer to accept Service upon its availability will result in a “Not Ready for Service” or delay charge. VALCOM LPS, INC. may modify the rates and prices for Service. If it does so, VALCOM LPS, INC. will notify Customer in writing in advance of any price increase in accordance with the requirements set forth in the General Terms and Conditions but any price reduction will be effective without notification to Customer.
a. Active Seat Charge. The Active Seat Charge incorporates the following system, telephone, network, and service and support elements:
i. Telephone station IP license
ii. Call origination and termination within the 48 Contiguous United States
ii. User Voice Mailbox
vi. System service and support
b. Applications. Manufacturer and third party applications will be listed on the SOA under separate line items and are not included under the Active Seat Charge. Applications may include the following:
i. Auto Attendant
ii. Call Center Agents and Queues
iii. Call Accounting
v. Voice Mailbox (standalone)
3. Security Deposit. If Customer has a past due balance in two (2) or more billing periods, consecutive or separate, VALCOM LPS, INC. reserves the right to require, and Customer agrees to promptly pay, as a security deposit one (1) month’s Service Fees and one (1) month’s average Long Distance Service charges as a security for the performance by Customer of its obligation under this Agreement. Security Deposit will be applied as credit back to Customer in the last monthly invoice of the original term of this Agreement.
4. Service Requirements. To receive Hosted PBX Service, Customer must execute, and VALCOM LPS, INC. must accept, a Service Order Agreement (“SOA”) establishing the rights and obligations of Customer and VALCOM LPS, INC. (including its contractors) with regard to the provisioning of Service and Equipment.
a. an E911 Disclosure Addendum indicating that any E911 calling capability associated with Service:
i. may not be available during an electrical power outage affecting the Service location;
ii. will not be available if Customer’s broadband connection service has been disrupted and not restored;
iii. will not be available if Service has been discontinued for any reason, including Customer nonpayment;
iv. may not be available at locations other than the location for which a Service address has been furnished to VALCOM LPS, INC.;
v. may not be available or may be routed to emergency personnel unable to respond, if Customer has moved phones to a location other than one for which a Service address has been provided to VALCOM LPS, INC.;
vi. may be delayed or unavailable due to network congestion or other problems affecting the network.
Customer is strongly encouraged to acquire and maintain alternative means of accessing E911 or other emergency response service, such as a traditional landline or mobile telephone, and to inform its authorized users of emergency calling alternatives available to them;
b. Customer-acknowledged / approved detail of network services including, but not limited to:
i. Complete and correct inventory of the Customer’s telephone numbers to be ported to VALCOM LPS, INC. (as required).
5. Customers porting telephone numbers from hosted PBX providers are required to provide a Customer Service Record from their previous provider that details the following:
a. Customer Account Name
b. Customer Account Address
c. Customer Account Number
d. List of telephone numbers porting to VALCOM LPS, INC.
ii. Services and accompanying Equipment to be provided by VALCOM LPS, INC..
iii. Customer contact information that includes telephone number and valid email address
6. Service Restrictions. Under no circumstance may Customer or its employees, agents, contractors or subcontractors move the Equipment furnished as part of Service. VALCOM LPS, INC. reserves the right either to discontinue furnishing Service or to move Customer to an alternative usage plan or product if Customer’s usage, in VALCOM LPS, INC.’s sole discretion, is deemed not to be that of a typical business user or if the Service is being used by Customer for any prohibited application. Customer will remain responsible for any applicable early termination charges if Customer chooses to terminate Service as a result of VALCOM LPS, INC.’s discontinuation of Service or VALCOM LPS, INC.’s modification of Customer’s usage plan or product.
7. Right to Terminate. Notwithstanding anything contained in this Agreement to the contrary, VALCOM LPS, INC.’s provision of the Services to Customer is at VALCOM LPS, INC.’s option, and VALCOM LPS, INC. reserves the right to determine, in its sole discretion, not to arrange for or to discontinue provision of such Services and to terminate this Agreement for any reason whatsoever by giving Customer not less than one hundred and twenty (120) days prior written notice thereof. Such Service termination by VALCOM LPS, INC. may be based upon, but not limited to, a determination that the rules, regulations or policies of the Federal Communications Commission, state Public Utility Commission or equivalent regulatory entity, or any other applicable federal, state, or local governmental agency or entity may cause the provision of such Services to be unlawful, unprofitable, impractical or undesirable in the sole determination of VALCOM LPS, INC..
III. Default; Remedies; Assignment and Disclaimer of Warranty
1. Default. In addition to the default provision set forth in General Terms and Conditions, Customer will be in Default if:
a. Customer abandons or vacates the Premises; or
b. Customer breaches the lease or other occupancy agreement under which Customer has the right to occupy the Premises and such breach is not cured within any cure period provided therein; or
c. Without the prior written consent of VALCOM LPS, INC., Customer disconnects, discontinues or decreases the use of the Service or Equipment described in the SOA.
2. Remedies Upon Default
a. Upon the occurrence of a default by Customer, VALCOM LPS, INC. will have the right to terminate the Service(s) and, at VALCOM LPS, INC.’s option, to collect all future Monthly Recurring Charges to which VALCOM LPS, INC. is entitled hereunder during the remainder of the then current term of this Agreement, either in a lump sum, or as provided for hereunder. The parties agree that such amount is a fair and equitable amount as liquidated damages. VALCOM LPS, INC. will also have the right to enter upon the Premises to repossess or move any Equipment. Security deposits, where applicable, will be credited against the undisputed charges before additional collection is required.
b. The above right shall be cumulative and in addition to any other rights or remedies available to VALCOM LPS, INC. at law or in equity.
3. DISCLAIMER OF WARRANTY. IN CONNECTION WITH THE SERVICES AND EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE LICENSES ASSOCIATED THEREWITH, VALCOM LPS, INC. HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IV. Local Services
Where Customer is being provisioned with local services that are tariffed, applicable state tariffs, which may be modified by VALCOM LPS, INC. from time to time in accordance with law, will govern the provision of local service furnished as part of the Hosted PBX Service. All local service related rates, charges and surcharges apply to the voice portion of Service, e.g., Local Directory Assistance, Local Operator Services and Directory Listings.
V. Long Distance Services
1. Hosted PBX Service includes an allotment of inbound and outbound domestic long distance calling minutes subject to the limitations and usage requirements described below. Charges for international long distance calling will be billed at the then current service rates reflected at voice.RISEBROADBAND.com. In addition:
2. The minimum charge for a call is sixty (60) seconds, and each call will be billed in sixty (60) second increments with rounded up to the next whole minute.
3. Directory Assistance (411 or NPA 555-1212) will be charged at the then current service rates.
4. Conference Calling charges will be billed at then-current service rates.
VI. Data Services
Dedicated Internet Access (DIA) service can be provided with the Hosted PBX Service. If such service is provided, the applicable product-specific terms and conditions relating to these offerings located at www.risebroadband.com shall apply.
VII. Service in Locations where VALCOM LPS, INC. is not the Voice and/or Data Network Service Provider
1. Customer acknowledges that it may have Quality of Service (“QoS”) issues or other service related interruptions with circuits provided by a third party carrier (collectively “Third Party Issues”).
2. Third Party Issues could adversely affect Customer’s communication solutions, including, but not limited to, inbound and outbound 4 digit dialing, and voicemail service. VALCOM LPS, INC. is not responsible for such issues and Customer agrees to assume all responsibility for resolving any Third Party Issues.
3. If during the course of VALCOM LPS, INC. supporting an open trouble ticket, VALCOM LPS, INC. recognizes a Third Party Issue, VALCOM LPS, INC. will troubleshoot the effort on a time and materials basis at VALCOM LPS, INC.’s then-current rates and Customer agrees to pay such charges.
4. If Customer desires VALCOM LPS, INC. to work directly with the third party circuit carrier to resolve Third Party Issues, Customer will provide VALCOM LPS, INC. with prior written permission via a Letter of Agency (LOA). VALCOM LPS, INC. will provide third party circuit support as needed, on a time and materials basis at VALCOM LPS, INC.’s then-current rates. Customer agrees to pay such applicable charges to VALCOM LPS, INC..
1. If VALCOM LPS, INC. or its contractors and agents provide Customer with the Equipment needed to use Hosted PBX Service, VALCOM LPS, INC. will retain all rights, title and interest in Equipment and such rights, title and interest in said Equipment shall not vest in Customer or any third party. Equipment delivered to Customer is only to be used in conjunction with the Hosted PBX Service and Customer is not authorized to use the Equipment for any other purpose. VALCOM LPS, INC. may terminate the Agreement and remove the Equipment from Customer’s premises if the requirement in the preceding sentence is violated. Customer will take all reasonable measures to protect and care for the Equipment as it would its own equipment. Customer shall be responsible for all loss, damage or destruction of the Equipment from the date of delivery to Customer’s premise until the date the Equipment is removed from Customer’s premises by VALCOM LPS, INC. or its contractors or agents. Upon termination or expiration of the Agreement, the Equipment must be in the same condition as when originally delivered, normal wear and tear accepted. If Equipment cannot be recovered by VALCOM LPS, INC., or if Equipment is damaged beyond the ordinary wear and tear resulting from its use, Customer will be liable to VALCOM LPS, INC. for either the replacement value of the Equipment or its repair costs, both of which shall be determined by VALCOM LPS, INC..
2. Customer-provided equipment. Customers providing their own equipment shall present an itemized list of equipment to be included in the accompanying SOA. Equipment provided shall meet all manufacturer’s interoperability specifications and vintage or firmware requirements for solution detailed in the accompanying SOA.
IX. Equipment Service and Support Services
If VALCOM LPS, INC. or its contractors and agents provide and continue to own the Equipment needed for Customer to use Hosted PBX Service, then during the Initial Term or any renewal thereof, VALCOM LPS, INC. or its designee shall furnish service and support of the Equipment when required, provided that the Equipment is used in compliance with VALCOM LPS, INC.’s normal operating instructions and not abused or modified by Customer. Service and support is defined as fault isolation and diagnosis, hardware replacement for defective hardware, and software updates for defective software. Customer will be responsible for making any requests for service and support by contacting VALCOM LPS, INC. via telephone or by giving VALCOM LPS, INC. written notice. Service and support services may be provided by remote access to Customer’s Equipment.
1. Moves, Adds & Changes (MACs). VALCOM LPS, INC.’s service and support obligations do not include moves and changes or installation of additional Equipment. Moves, adds, and changes or troubleshooting, or any other services not covered under this Agreement will be quoted to Customer at VALCOM LPS, INC.’s then-current rates.
2. Applications. If Customer requires help with configuring applications after installation Customer will be charged at VALCOM LPS, INC.’s then-current hourly rates.
3. Coverage Hours. VALCOM LPS, INC.’s service and support coverage applies during Standard Business Hours: 8:00a.m. to 5:00p.m. in the time zone of the covered Equipment, Monday through Friday, excluding VALCOM LPS, INC. observed holidays. At Customer’s request, VALCOM LPS, INC. will perform service and support services from 5:00p.m. to 8:00a.m. at VALCOM LPS, INC.’s then-current overtime labor rates.
4. Hosted PBX Repair Response Intervals. Hosted PBX Repair Response interval is measured from the time Customer initiates requests for service and support service by contacting VALCOM LPS, INC. via telephone or by giving VALCOM LPS, INC. written notice. Hours are stated in Coverage Hours. Service and support work will be performed during Customer’s specified coverage hours. VALCOM LPS, INC.’s response to Customer’s request for service and support services will include contacting Customer, remotely accessing the Equipment or by dispatching technical resources to Customer’s premise. VALCOM LPS, INC. will then diagnose and remedy the fault. VALCOM LPS, INC.’s repair response intervals for Hosted PBX Services are stated below:
a. Priority 1: Within (8) hours of a properly reported request for service and support service
b. Priority 2: Within (24) VALCOM LPS, INC. business hours of a properly reported request for service and support service.
5. Definition of Service and Support Priority
a. Priority 1. A malfunction of the Service affecting more than twenty-five percent (50%) of the Stations.
b. Priority 2. Any failure that is not included in the definition of a Priority 1 Failure.
6. If the Service and Support Services include provision of replacement hardware, replacement hardware provided as part of Service and Support Services may be refurbished and will be furnished only on an exchange basis. Returned hardware that has been replaced by VALCOM LPS, INC. will become VALCOM LPS, INC.’s property.
7. End of Life Equipment. VALCOM LPS, INC. may discontinue, or limit the scope of Service and Support Services, for Equipment that a third party manufacturer has declared “end of life,” “end of service,” “end of support,” “manufacture discontinue” or similar designation (“End of Support”) from time to time.
8. VALCOM LPS, INC. may electronically monitor supported Equipment for the following purposes:
a. remote diagnostics and corrective actions;
b. to determine applicable charges;
c. to verify compliance with applicable software license terms and restrictions;
d. Customer will provide VALCOM LPS, INC. with any necessary dial-up connection and other assistance for such remote access.
9. None of the following are included in Service and Support Services provided by VALCOM LPS, INC.:
a. Diagnosis or support of equipment or software other than supported Equipment provided by VALCOM LPS, INC. in connection with the Hosted PBX Service, including without limitation, systems interfacing with supported Equipment;
b. Support of user-defined applications;
c. Making corrections to user-defined reports;
d. Data recovery services;
e. Services associated with relocation of supported Equipment;
f. Support of Equipment used in breach of applicable license restrictions or contrary to capacity and other use limitations under which the Equipment was licensed by the manufacturer;
g. Support of Equipment that have had their serial numbers altered, defaced or deleted;
h. Service and Support or repair resulting from any of the following:
i. neglect, misuse, power failures or surges, fault or negligence of any\persons other than VALCOM LPS, INC. or its contractors, or causes external to the supported Equipment;ii. the combination or integration of non-VALCOM LPS, INC. furnished equipment, software, or facilities with supported Equipment (except as provided in the VALCOM LPS, INC. documentation);
iii. supported Equipment that have been changed, modified or altered if such changes, modifications or alterations are not performed or directed by VALCOM LPS, INC.;
iv. changes to the environment in which the supported Equipment were installed;
v. any failure to follow VALCOM LPS, INC.’s or the manufacturer’s installation, operation or service and support instructions, including the failure to permit VALCOM LPS, INC. timely remote access to the supported Equipment;
vi. actions of non-VALCOM LPS, INC. or VALCOM LPS, INC. authorized contractor personnel; or
vii. force majeure conditions outside of VALCOM LPS, INC.’s reasonable control.
10. Customer – provided equipment.
The customer or its designee shall furnish maintenance of their Equipment when required, provided that their Equipment is used in compliance with VALCOM LPS, INC.’s normal operating instructions, including the provision of replacement hardware and/or software. Failure of customer-provided equipment may negatively impact and/or result in significant or total loss of service for an extended period of time until customer or designee provides replacement hardware or software and restores service.
X. Customer Moves, Adds, and Changes & Upgrade Policy
Only authorized Customer contacts can request changes to the Hosted PBX Service. VALCOM LPS, INC. will provide Customer with an order number and a requested service date. The following remote Moves, Adds, and Changes (“MACs”) are included in the Hosted PBX Service program:
1. Telephone button programming (e.g. user extension, auto dial button)
2. Station name change
3. Telephone set coverage / “ring to” change (e.g. call forwarding, busy no answer, etc)
4. Remote Care end-user feature training / Q&A
5. Call Restriction change
6. Hunt Group change
7. Speed Dialing
8. Password resets
9. Voicemail – Programming change
10. Incoming call routing
11. Short code creation
Upon customer initiating a Remote MAC service request, work will be completed within (24) VALCOM LPS, INC. business hours during normal 8 am- 5pm, M-F hours within the Customers service address time zone. Note that certain remote software changes may require a reboot of the system to take effect. Moves, Adds, and Changes not listed above will be charged at then current service rates.
a. Upgrades will be co-terminus with the current service agreement unless otherwise defined within amended contract.
b. Customer will be charged and agrees to pay a non-recurring charge as designated by VALCOM LPS, INC. in connection with related configuration, installation & training.
c. VALCOM LPS, INC. will adjust and Customer agrees to pay applicable additional monthly recurring charges for equipment and service and support services charges associated with Customer approved equipment and service and support service additions.
d. Upgrades requested in last 6 months of the term of the Agreement are subject to VALCOM LPS, INC. review and approval and may require a new term agreement. If upgrade requires new hardware, software and on-site installation and less than half of the term of the Agreement remains in place, then a new agreement may be required at VALCOM LPS, INC.’s discretion.
XIII. Proactive Monitoring and Alerting
1. Monitoring. VALCOM LPS, INC., or a selected vendor on behalf of VALCOM LPS, INC., will conduct monitoring of critical PBX system components through intermittent polling.
2. Hosted PBX Service Monitoring Repair Response Intervals. VALCOM LPS, INC.’s Hosted PBX Service Monitoring Repair Response interval is measured from the time VALCOM LPS, INC. is notified via monitoring system alarm. Hours are stated in Section X, Coverage Hours. VALCOM LPS, INC.’s response to monitoring system alarm will include initial diagnosis of issue by remotely accessing the Equipment or by dispatching technical resources. If VALCOM LPS, INC. determines that the issue is related to network services, resolution may include the reboot of PBX and/or auxiliary servers or appliances prior to the dispatch of technical resources to the Customer’s premise. Service and Support work will be performed during Customer’s specified coverage hours. VALCOM LPS, INC.’s response intervals are stated below:
a. Priority 1: Within (8) hours of receipt of a system monitoring alert
b. Priority 2: Within (24) VALCOM LPS, INC. business hours of a system monitoring alert
3. Customer-provided Equipment. Customer-provided equipment, over and above the equipment provided by VALCOM LPS, INC. under the Hosted PBX Service, will not be monitored.
XIV. Additional Customer Responsibilities
1. Customer will cooperate with VALCOM LPS, INC. or VALCOM LPS, INC.’s contractors or agents as reasonably necessary for VALCOM LPS, INC.’s performance of Services in a timely manner. This cooperation includes:
a. providing VALCOM LPS, INC. or VALCOM LPS, INC.’s contractor or agent with access to all facilities, Equipment, hardware, software, work space, and office support (telephone, internet access, etc.);
b. ensuring that the premises are safe, free of any hazardous materials and have installed necessary power and grounding and climate control facilities;
c. ensuring that Customer has obtained connection to and all necessary permissions, licenses, permits or consents from any public or private telephone network to which the supported Equipment are connected and any necessary permissions, licenses or permits from any federal, state or local government or regulatory authorities;
d. providing VALCOM LPS, INC. with designated points of contact; and
e. providing necessary telephone numbers and passwords to enable remote access to the supported Equipment and notifying VALCOM LPS, INC. promptly of any changes made to such numbers or passwords. Customer is responsible for ensuring that its networks and systems are adequately secured against unauthorized intrusion or attack and regularly backing up its data and files in accordance with good computing practices. All items to be provided by Customer are at Customer’s expense.
2. Where Customer is to provide VALCOM LPS, INC. with information or access in relation to any third party products or the integration of supported Equipment in Customer’s network (including without limitation specifications and interface information of interoperating hardware and software in Customer’s network), then information or access will be supplied to VALCOM LPS, INC. in a timely manner at Customer’s expense. It will be Customer’s responsibility to obtain any consents and licenses of third parties that may be necessary for the provision of such information or access to VALCOM LPS, INC. for VALCOM LPS, INC.’s use in its performance of the Services.
3. Costs incurred by VALCOM LPS, INC. due to non-performance by Customer or Customer’s vendor(s) may result in additional charges and / or delay in installation and cutover. Customer hereby agrees to promptly pay VALCOM LPS, INC. for such applicable charges.
XV. VoIP – LAN / WAN Infrastructure
1. Customer is responsible for the design, management, performance and on-going service and support of their corporate and / or remote office local area networks, including the physical station-level cabling, network IP subnetting, configuration of VLans, or establishing VPNs supporting the desktop computers, corporate applications, and peripheral IP equipment.
2. VALCOM LPS, INC. does not warranty or guarantee connectivity, performance, or QoS for IP Telephony and VoIP applications over non VALCOM LPS, INC.-provided or approved network and/or Hosted PBX services.
3. Customer understands that it is Customer’s responsibility to administer and maintain QoS levels within its LAN / WAN / VPN infrastructure.
4. Customer acknowledges its local area network (LAN) and/or wide area network (WAN) user elements may need to be upgraded, redesigned, or reconfigured at Customer’s sole expense in order to support converged IP Telephony and VoIP solutions.
5. Customer understands that any future LAN modifications or data applications may negatively impact QoS and LAN-connected applications and in those instances, Customer may require VALCOM LPS, INC. troubleshooting, repair and possibly a network assessment at Customer’s expense.
6. Customer is responsible for the installation and deployment of the VPN clients for IP hard and soft telephones.
XVI. Professional Services
1. Professional Services include work performed by VALCOM LPS, INC., including its employees, agents, contractors and subcontractors.
2. Professional Services will be provided in accordance with a Service Order Agreement.
3. Any customer initiated Job Change Orders (JCO) processed within 2 weeks of scheduled service activation may or may not be delivered at the time of initial service activation. Customer agrees not to withhold signature of project closure for delivery of items associated with any JCO(s).
4. JCOs may result in additional charges.
5. Customer will be responsible at its own expense for performance of their project responsibilities identified in the Service Order Agreement and for performing all its responsibilities hereunder.
ALL PHONE SERVICES
The terms and conditions of this Service Agreement (“Terms” or “Agreement”) constitute the agreement (“Agreement”) between VALCOM LPS, INC. (“Company”, “We”, “Us”) and the User (“You,” “User” or “Customer”) of the Company’s residential and small business communications Services, and any related products or services (“Service”). This Agreement governs both the Service and the Analog Telephone Adapter or any other IP connection Device (“Device” or “Equipment”), used in conjunction with the Service.
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING: WARNINGS THAT YOU MAY BE UNABLE TO USE THE VOIP SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES; LIMITS AND DISCLAIMERS ON COMPANY’S LIABILITY; AND THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE.
Service is offered on a monthly basis for a term that corresponds with the date Your VALCOM LPS, INC. Internet service was activated and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew unless You give VALCOM LPS, INC. written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if You attempt to terminate Service prior to the end of a monthly term, You will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse You from paying all accrued and unpaid charges due under this Agreement.
If You subscribe to the Company’s Residential Services, which is defined as Service intended solely for the subscriber’s residence, or home, and not for commercial purposes (“Residential Services”), the Service and the Device are provided to You solely for such residential use. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the 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 Service if We determine, in our sole and absolute discretion, that Your use of the 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 Service for all periods in which Your use of the Service or the Device was inconsistent with normal residential use.
If You subscribe to the Company’s Business Services, which is defined as Service intended solely for the subscriber’s use to support commercial, for-profit or not-for-profit, non-residential enterprises (“Business Services”), the Service and Device are provided to You as a small business User. Because We have no control over Your power or 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. It is recommended that You use a “failover” number that can be configured in the website http://phone.RISEBROADBAND.net so that You can receive calls in the event of an outage. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the 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 Service if We determine, in our sole and absolute discretion, that You have at any time used the Service or the Device for any of the aforementioned or similar activities.
If Your usage pattern for calls to the forty-eight (48) contiguous state local calling areas is in the ninety-fifth (95th) 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 1500 minutes per user or per line, 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 $.03 per minute.
LIMITATIONS OF SERVICE
Customer acknowledges, and agrees, to the following limitations of service:
a. Not a telecommunications service . The Service is not a telecommunications service and the Company provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that We provide. The 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 Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) Services in one or more (or all) Service areas.
c. Phone numbers. The phone numbers You obtain from Us for Residential 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. Subscribers to our Business Services are eligible for a free white page listing and may request the listing when signing up for service.
d. Compatibility with other devices and systems. The 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 Service and may be interrupted or permanently disabled by installation or operation of the 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 Service, including taking any necessary steps, as permitted under Your agreements with the Company, to ensure compatibility between such Non-Voice Systems and the Service.
e. Other providers. You authorize the Company 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 the Company or any of its wholesale service providers. You acknowledge that the Company 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 the Company will become the customer of record for all phone numbers that We move or “port” to the Service.
f. Security. The Service relies upon portions of the public Internet, and third party networks, to transmit voice and other communications signals. The Company cannot, and does not, guarantee that the Service is secure, or can be used in a secure manner.
g. High-Risk Uses. The 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”).
REVISIONS, AMENDMENTS, OR MODIFICATIONS TO THESE TERMS
The current version of this Service Agreement can be found at: http://RISEBROADBAND.COM/legal. The Company may change this Service Agreement or the Service from time to time by posting a revised version of this Service Agreement or announcing Service changes on the Company’s website currently located at: http://RISEBROADBAND.net. Such changes may include, without limitation, increasing the charges for the Service, including any additional features that may be offered in conjunction with the service. Changes will become effective once posted, and Your continued use of the Service will constitute Your acceptance of any such changes. However, if You do not wish to continue Service after a change or modification in features or functionality that materially effects the Service to You, You may terminate this Service Agreement by providing written notice to the Company within twenty (20) days of the effective date of the modification, and You will not be charged any Termination Fee (as defined below).
TERMINATION OF SERVICE – RESIDENTIAL AND BUSINESS
To cancel or terminate the Company’s Residential or Business Service, You must contact our offices at 844-411-RISE and provide written notice at least ten (10) days before the end of the monthly term in which the notice is given. If You DO NOT notify Us that You are porting (moving) Your phone number to a new phone company, We will turn off Your VALCOM LPS, INC. Phone service and terminate billing at the end of the current billing term. If You DO notify Us that You are porting (moving) Your phone number to a new phone company, We will be required to leave Your VALCOM LPS, INC. Phone Service active until You or Your new phone company notify Us that the port-away has completed. The phone service must remain active until the port-away has occurred or your phone number may be lost. Once We’re notified that the port-away has completed (either by Your new phone company or by You returning the Linksys Phone Adapter to Us), We’ll turn off Your VALCOM LPS, INC. Phone Service and terminate billing at the end of the current billing term. You are leasing the Linksys Phone Adapter, which has a value of $70. It must be mailed or delivered to our Corporate offices. It should not be left with a company representative. It should be returned to: VALCOM LPS, INC. Phone, 619 SW 14th, Loveland, CO 80537. You authorize the Company and its agents to charge the Equipment replacement charge to the credit card or bank account on file with the Company if the Linksys Phone Adapter is not returned within 30 days of Your notice to cancel. If the Company is unable to obtain a charge authorization for the full amount due, You agree to provide alternative payment in the form of a money order, cashiers check, or other certified bank check within 10 days of notification of the amount due. You bear all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is shipped to You until the time (if any) when it is returned to Us in accordance with this Agreement.
If You are canceling Service it is Your responsibility to notify Us if You have requested VALCOM LPS, INC. to port Your number from another company and it has not yet completed the porting process. The Company will attempt to cancel the porting of Your number to VALCOM LPS, INC. once You’ve notified Us of Your intent to cancel. If the porting has completed, it is Your responsibility to notify Your new phone provider to port Your number from Us.
For Residential Services, We reserve the right to suspend or discontinue the Service generally, or to terminate Your Service, at any time in Our sole and absolute discretion. If We discontinue the Service generally, or terminate Your 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 final month’s charges. If Your Service is terminated on account of Your breach of any provision of this Agreement, You will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
For Business Services, We reserve the right to suspend or discontinue the Service generally, or to terminate or suspend Your Service for failure to rectify a violation of the Service Agreement within 10 days after receiving notice thereof from the Company. If We discontinue the Service generally, or terminate Your Service, You will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If Your Service is terminated on account of Your failure to correct any breach of any provision of this Agreement, You will be responsible for charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. Service may be suspended by the Company without prior notice if necessary to comply with applicable laws or to preserve the integrity of service to other Customers. If service is suspended without prior notice, the Company will use reasonable efforts to notify Customer of the suspensions and the reason for suspension within one (1) business hour of suspension.
SERVICE REQUIREMENTS AND AVAILABILITY
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 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 Service. The Company shall have no obligation to provide, maintain, support or service Your equipment. If Your Internet Access Service is terminated, suspended or disconnected for any reason, the Service will not be available until You reestablish Your Internet Access Service with the Company.
FEES, TAXES AND OTHER CHARGES
We publish on our website, http://RISEBROADBAND.net, an explanation of the taxes and fees for this service. These fees and charges may change from time to time. If You make calls to locations outside the US, It’s Territories, and Canada, International rates will apply. These rates are published on the website http://phone.RISEBROADBAND.net. You will be charged $.89 for each call You make to Directory Assistance.
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, call 844-411-RISE.
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 VALCOM LPS, INC. 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.
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 VALCOM LPS, INC. BEFORE USING THE VOIP SERVICE AT A NEW LOCATION. TO UPDATE YOUR REGISTERED LOCATION, CONTACT VALCOM LPS, INC. CUSTOMER CARE AT 844-411-RISE OR AT THE ADDRESS SET FORTH AT RISEBROADBAND.com/contact-us/.
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).
b. TERMINATION OR SUSPENDED SERVICE – IF YOUR VOIP SERVICE OR INTERNET ACCESS SERVICE IS INTERRUPTED, SUSPENDED OR CANCELLED FOR ANY REASON (INCLUDING DUE TO TECHNICAL PROBLEMS, YOUR FAILURE TO PAY VALCOM LPS, INC., OR TERMINATION OF THIS VOIP SERVICE AGREEMENT), 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 VALCOM LPS, INC. 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 ACCESS 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 THAT VALCOM LPS, INC. 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 VALCOM LPS, INC. AND ITS ASSOCIATED PARTIES 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 SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E91YOU 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 are Certain systems have the ability to call both listed and unlisted phone numbers. Subscribers should contact their local public safety agencies to determine if the number used in the provision of the 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. The Company 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, the Company offers no warranties, either express or implied, as to the availability of such Reverse 911 services, or their compatibility with the Service.
You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate Your Service if, in our sole and absolute discretion, We determine that You have used the 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 current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Your Service. If We believe that You have used the 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, VALCOM LPS, INC. will provide information in response to law enforcement requests, subpoenas, court orders, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
You shall not use the 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 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 month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Your Service. In addition, VALCOM LPS, INC. will provide information in response to law enforcement requests, subpoenas, court orders, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
Although We encourage You to use the Service to place calls to foreign countries from within the United States, We do not presently offer or support the Service in any countries other than the United States. If You use the 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 Service immediately if We determine, in our sole and absolute discretion, that You have used the Service or the Device outside of the United States.
You agree not to: use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e mail, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; advertise or offer to sell or buy any goods or Services for any non personal purpose; harvest or otherwise collect information about others, including e mail addresses, without their consent; create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other User or usage information or any portion thereof other than in the context of Your use of the Service as permitted under this Agreement, and these terms of service; transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless You own or control the rights thereto or have received all necessary consents; interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another member’s use and enjoyment of the Service or another individual or entity’s use and enjoyment of similar Services.
The Company has no obligation to monitor the Service or any User’s use thereof or retain the content of any User session. However, the Company 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) the Service with anyone not residing at the Service address.
The Service may be used only at the Registered Location You provide to the Company. If You wish to relocate the Equipment, You must contact the Company for information on Service availability at the new location. If the Service is available at Your new location, You must update and register the new location with the Company in order to update our records for the Service and help make 911 services and E911 features available to You. If Service, 911 calling or an E911 feature is not available at the new location, Your Service will be terminated or suspended until You return the Equipment to a location with 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 Service to a location without complying with this Section 9 is a violation of this Service Agreement and You do so at Your own risk.
LOCAL NUMBER PORTABILITY
If You are transferring Your existing phone number from another service provider for use with the Service, the following terms and conditions also shall apply:
a. You will cooperate fully with the Company and provide promptly all information, including a letter of authorization or other documentation, as requested by the Company in connection with the processing of Your order for Service;
b. You authorize the Company to notify Your current telephone service provider of Your decision to switch Your local, local toll and long distance services to the Service, and You represent You are authorized to take such actions;
c. You acknowledge that if You set up the 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 Service, and may not be able to make 911 or other emergency calls over the 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 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 Service prior to, or on, the Port Effective Date. An estimate of the Port Effective Date may be sent to You by the Company following Your completion of the ordering process, but this is only an estimate and not a guarantee of the Port Effective Date; and
e. You acknowledge that the Company may use call detail, and customer proprietary network information, for all lawful purposes, including but not limited to actions related to the initiation, rendering, billing and collection of the Service. Further, such actions also include the use of such information for the purposes of testing, verifying, and otherwise assuring that the Service is delivered to You.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY 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.
e. Our liability under this agreement will not exceed the Service charges for the affected time period. The Company 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.
f. This Section 11, Limitation of Liability, will survive termination or expiration of this Service Agreement, whether terminated by You or the Company, for any reason.
UNLIMITED USE OF SERVICE
The Company offers unlimited local and domestic long distance calling for residential or business use subject to the following limitations. Use of the service, including for any telemarketing purposes, that results in excessive use is strictly limited. The Company 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 the Company’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 in paragraph 1d, above.
The Company utilizes, in part, the public Internet and third party networks to transmit voice and other communications to and from the Subscriber. The Company is not liable for any lack of privacy which may be experienced with regard to the Service. Furthermore, the Service is offered over a platform that does not allow for the Company to encrypt the voice signals delivered over its network. Finally, the Company can not guarantee, or protect, against the possibility that third parties may improperly attempt to capture signals, or communications, sent over the network.
BY SIGNING THE INSTALLATION AGREEMENT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT SIGN THE AGREEMENT OR USE THE SERVICE.
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS.
Valcom is in good standing with the BBB Better Business Bureau