Voice Terms & Conditions 

1. Usage Charges.

Every call using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”), including without limitation other traditional and VoIP networks, accrues applicable toll charges. Customer will charged for monthly usage within the limits of its then-current Service Plan to which the Customer subscribes. Usage which exceeds the limits, if any, of Customer’s then-current Service Plan will be charged to Customer in accordance with the Service Descriptions at the rates published on the Provider’s website. Calls to phone numbers outside the United States and Canada will also be charged to the Customer in accordance with Provider established International Calling Rates.  

2. Telephone Number.

Any telephone number provided by Provider (“Number”) to the Customer will be leased and not sold. Provider reserves the right to change, cancel or move the Number should Provider reasonably determine, at its sole discretion, that it is required to do so as a result of its agreements with its underlying services providers or for other business or residential purposes related to the provisioning of the Service(s). 

3. Unlimited Usage.

Some of the Provider’s plans and other Services are offered on an “unlimited” basis. All unlimited plans: (a) may only be used for normal reasonable use as defined by the Provider; (b) are provided only for dialog between two individuals at one time per line; (c) and  are subject to additional usage charges, including but not limited to such charges associated with international calling, in accordance with the then-current rates posted to Provider’s website. Unlimited plans may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services): (i) trunking or forwarding a Provider Number to another phone number capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system; (ii) spamming or blasting (e.g., sending bulk or junk voice-mails, e-mails, text messages or faxes simultaneously); (iii) bulk call-in lines (e.g., customer support or sales call centers, “hotlines”, 900 numbers, sports-line numbers, etc.); or (iv) auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls). In addition, unusually high usage of the Services may impair Provider’s ability to provide high-quality Services to others and/or indicate unauthorized use of the Services, in which case Provider may suspend or terminate Customer’s account or, upon prior notice, convert Customer’s account to a metered calling plan that charges significantly higher usage rates. 

4. Electronic Recording.

Some business phone plans include electronic recording.  In situations where the customer has elected to have the electronic recording service, Customer agrees that there are federal and state statutes governing the electronic recording of telephone conversations and that Provider will not be liable for any illegal use of any recording services provided to Customer or its Users. It is the Customer’s responsibility to determine if the electronic recordings are legal under applicable federal and state laws and to comply with those laws. Customer will defend, indemnify and hold harmless Provider for any claims, damages, fines, penalties or costs (including, without limitation, attorneys’ fees) arising out of Customer’s or its User’s failure to adhere to applicable electronic recording laws. 

5. Emergency 911 Services. 

5.1 Service Limitations. The FCC requires that Provider provide 911(or E911) Services to all Customers who subscribe to Provider Voice Services within the United States.  

5.2 Electrical Power. Customer acknowledges that the services, including without limitation 911/ E911 service, will not function in the absence of electrical power. 

5.3 Internet Access. Customer acknowledges that the provided services, including without limitation 911/e911 service, will not function if there is an interruption of the Service Provider network. All telephony services provided, function only when utilizing the Service Provider network. If the Customer’s Internet Services are disconnected or cancelled during the term of the agreement, Customer acknowledges that the Internet, transport circuits (if any exist), and telephony services will be billed and due for the remainder of the Services term in addition to the Termination charges as discussed in section.  

5.4. Delivery. The Provider may deliver Broadband Service as required for the function of Services, and in so doing may interact with other telecommunications providers. Provisioning of Broadband Service may require that equipment be installed and that, in some cases, additional wiring be configured at Customer’s premises. Installation or wiring charges, if any, are not included in the Service Order and will be billed separately to the Customer. Broadband Service provided by the Provider constitutes a Service. 

 5.5 Non-Voice Systems. Customer acknowledges that the services may be set up to function with out dialing systems such as home security systems, medical monitoring equipment, tty equipment, or entertainment or satellite television systems. Provider will not be liable for interruption or disruption of such systems. 

5.6 911 Service. 911/E911 service is a mandatory component of all inbound/outbound traditional fax and voice service plans. 911/E911 service is not offered on numbers, outside the United States, on toll-free numbers or on similar service accessories or add-on service plans. 911/E911 service is only available in selected areas. 911/E911 service is tied to the customer’s registered service address associated with the assigned phone number; customer is responsible for providing provider with address information for customer’s location(s). Customer acknowledges that provider’s only mechanism for routing 911 calls to the correct emergency call taker is the customer’s or user’s registered service address associated with the assigned phone number. Customer acknowledges and understands that any enhanced location information passed to an emergency operator by provider will be based upon the customer’s or user’s registered service address provided to provider by customer. In the event that the registered service address associated with the assigned phone number is incorrect, is outdated, or is not complete, a 911 call may be routed incorrectly. 

5.7 911 Service Charge. Customers that subscribe to voice services will be subject to a monthly 911 service charge. The monthly 911 service fee will be in addition to the applicable service fees for the associated line. The monthly charge for provider 911 service is assessed on a “per-line” (that is, per phone number basis), and will be set at a level that reimburses provider for the direct costs it incurs in providing provider 911 service, including expenses provider incurs, either directly or indirectly, in the form of state, county or municipal 911 surcharges, 911 automatic location information (ali) database storage, line information database and caller id (lidb/cnam) expenses, and any other taxes or surcharges directly or indirectly associated with the provision of services to customers subscribing to this service. Provider reserves the right to adjust the level of charges associated with the provision of 911 services to reflect increases or decreases in the costs it incurs. 

5.8 E-911 Characteristics. Customer acknowledges that provider e911 service has certain characteristics that distinguish it from traditional, circuit-switched 911 service. These characteristics may make provider e911 services unsuitable for some customers or users. The following characteristics distinguish provider e911 service from traditional, circuit-switched 911 service: 

• E911 service will not function if customer’s or its user’s phone fails or is not configured correctly or if customer’s or its user’s provider service is not functioning for any reason, including, but not limited to, electrical power outage, broadband or other internet service outage, or suspension or disconnection of service because of billing or other issues. If there is a power outage, customer or the user may be required to reset or reconfigure the equipment before being able to use the provider service, including for e911 purposes. E911 service may not function if customer or a user relocates equipment or uses a non-native telephone number, or for any other reason beyond provider’s control. 

• If customer or its user does not correctly identify the actual location where the provider equipment will be located at the time of activation of the service, provider e911 communications may not be directed to the correct local emergency operator. 

5.9 911 Limitation of Liability and Indemnity. Customer agrees that provider will not be liable for any service outage or inability to dial 911 or any other emergency telephone number using a provider service or to access or reach an emergency service operator due to the 911 dialing characteristics and limitations set forth in this agreement. Customer agrees to defend, indemnify and hold harmless provider, its owners, managers, officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to customer or a user in connection with the services, from any and all claims, actions, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, customer or any third party or user of the service relating to 911 dialing or the inability to access or reach emergency 911 services.