PLEASE READ THE IMPORTANT INFORMATION BELOW
INETVOICE TERMS OF SERVICE
These Terms of Service constitute the agreement ("Agreement")
between Farmers Mutual Telephone Company Voice Services, Inc. ("we,"
"us" or "InetVoice") and the user ("you,"
"user" or "Customer") of InetVoice's residential
and small business communications services and any related products
or services ("Service"). This Agreement governs both the
Service and any devices, such as an IP phone, Multimedia Terminal
Adapter, Analog Telephone Adapter or any other IP connection device
("Device" or "Equipment"), used in conjunction
with the Service and it applies to all lines on each InetVoice account.
BY ACTIVATING OR 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.
1. EMERGENCY SERVICES - 911 DIALING
1.1 911 InetVoice 911 Dialing is different than traditional
911 service.
Most of our customers (other than WiFi and Softphone customers)
have access to either basic 911 or Enhanced 911 (E911) service.
With E911 service, when you dial 911, your telephone number and
registered address is simultaneously sent to the local emergency
center assigned to your location, and emergency operators have access
to the information they need to send help and call you back if necessary.
Customers in locations where the emergency center is not equipped
to receive your telephone number and address have basic 911. With
basic 911, the local emergency operator answering the call will
not have your call back number or your exact location, so you must
be prepared to give them this information. Until you give the operator
your phone number, he/she may not be able to call you back or dispatch
help if the call is not completed or is not forwarded, is dropped
or disconnected, or if you are unable to speak. As additional local
emergency centers become capable of receiving our customers' information,
InetVoice will automatically upgrade customers with basic 911 to
E911 service. InetVoice will not give you notice of the upgrade.
Certain customers do not have access to either basic 911 or E911.
If you don't have access to basic 911 or E911 your 911 call will
be sent to the national emergency call center. A trained agent at
the emergency call center will ask for the name, telephone number
and location of the customer calling 911, and then contact the local
emergency center for such customer in order to send help.
You authorize us to disclose your name and address to third paties
involved with providing 911 Dialing to you, including, without limitation,
call routers, call centers and local emergency centers.
1.2 Notify All Users. You should inform any household residents,
guests and other third persons who may be present at the physical
location where you utilize the Service of the important differences
in and limitations of InetVoice 911 Dialing as compared with basic
911 or E911.
1.3 Registration of Physical Location Required. For each
phone number that you use for the Service, you must register with
InetVoice the physical location where you will be using the Service
with that phone number. When you move the Device to another location,
you must register your new location. If you do not register your
new location, any call you make using the 911 Dialing feature may
be sent to an emergency center near your old address. You will register
your initial location of use when you subscribe to the Service.
Thereafter, you may register a new location by following the instructions
from the "911" registration link on the InetVoice website.
For purposes of the 911 Dialing feature, you may only register one
location at a time for each phone line you use with the Service.
Regardless of what address you register for a WiFi or SoftPhone,
emergency calls you make from these devices will be routed to the
national emergency callcenter.
1.4 Confirmation of Activation Required. Your 911 Dialing
feature will not be activated for any phone line that you are using
with the Service, unless and until you receive an email from us
confirming that the 911 Dialing feature has been activated for that
phone line.
1.5 Service Outages.
(a) Service Outages Due to Power Failure or Disruption. 911
Dialing does not function in the event of a power failure or disruption.
If there is an interruption in the power supply, the Service, including
911 Dialing, will not function until power is restored. Following
a power failure or disruption, you may need to reset or reconfigure
the Device prior to utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Disconnection
of Broadband Service or ISP Service. Service outages or suspensions
or disconnections of service by your broadband provider or ISP will
prevent all Service, including 911 Dialing, from functioning.
(c) Service Outage Due to Disconnection of Your InetVoice Account.
Service outages due to disconnection of your account will prevent
all Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking
of Ports or Other Acts. Your ISP or broadband provider or other
third party may intentionally or inadvertently block the ports over
which the Service is provided or otherwise impede the usage of the
Service. In that event, provided that you alert us to this situation,
we will attempt to work with you to resolve the issue. During the
period that the ports are being blocked or your Service is impeded,
and unless and until the blocking or impediment is removed or the
blocking or impediment is otherwise resolved, your Service, including
the 911 Dialing feature, may not function. You acknowledge that
InetVoice is not responsible for the blocking of ports by your ISP
or broadband provider or any other impediment to your usage of the
Service, and any loss of service, including 911 Dialing, which may
result. In the event you lose service as a result of blocking of
ports or any other impediment to your usage of the Service, you
will continue to be responsible for payment of the Service charges
unless and until you disconnect the Service in accordance with this
Agreement.
(e) Other Service Outages. If there is a Service outage for
any reason, such outage will prevent all Service, including 911
Dialing, from functioning. Such outages may occur for a variety
of reasons, including, but not limited to, those reasons described
elsewhere in this Agreement.
1.6 Re-Activation Required if You Change Your Number or Add
or Port New Numbers. 911 Dialing does not function if you change
your phone number or if you add or port new phone numbers to your
account, unless and until you successfully register your location
of use for each changed, newly added or newly ported phone number.
1.7 Network Congestion; Reduced Speed for Routing or Answering
911 Dialing Calls. There may be a greater possibility of network
congestion and/or reduced speed in the routing of a 911 Dialing
call made utilizing the Service as compared to traditional 911 dialing
over traditional public telephone networks.
1.8 Disclaimer of Liability and Indemnification. We do not
have any control over whether, or the manner in which, calls using
our 911 Dialing service are answered or addressed by any local emergency
response center. We disclaim all responsibility for the conduct
of local emergency response centers and the national emergency calling
center. We rely on third parties to assist us in routing 911 Dialing
calls to local emergency response centers and to a national emergency
calling center. We disclaim any and all liability or responsibility
in the event such third party data used to route calls is incorrect
or yields an erroneous result. Neither InetVoice nor its officers
or employees may be held liable for any claim, damage, or loss,
and you hereby waive any and all such claims or causes of action,
arising from or relating to our 911 Dialing service unless such
claims or causes of action arose from our gross negligence, recklessness
or willful misconduct. You shall defend, indemnify, and hold harmless
InetVoice, its officers, directors, employees, affiliates and agents
and any other service provider who furnishes services to you in
connection with the Service, from any and all claims, losses, damages,
fines, penalties, costs and expenses (including, without limitation,
attorneys fees) by, or on behalf of, you or any third party relating
to the absence, failure or outage of the Service, including 911
Dialing, incorrectly routed 911 Dialing calls, and/or the inability
of any user of the Service to be able to use 911 Dialing or access
emergency service personnel.
1.9 Alternate 911 Arrangements. If you are not comfortable
with the limitations of the 911 Dialing service, you should consider
having an alternate means of accessing traditional 911 or E911 services
or disconnecting the Service.
2. SERVICE
2.1 (a) Monthly Term. Service is offered on a monthly basis
for a term that begins on the date that InetVoice activates your
Service and ends on the day before the same date in the following
month. Subsequent terms of this Agreement automatically renew on
a monthly basis unless you give us 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 disconnect 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 return fee, if applicable,
all of which will immediately become due and payable. You will also
be responsible for the next full month's charges in the event that
you do not provide the requisite ten-day notice of disconnection
prior to the expiration of the then-current term. Expiration of
the term or disconnection of Service will not excuse you from paying
all accrued and unpaid charges due under this Agreement.
2.1(b) Other Term Commitments. If you accept an equipment
upgrade or other promotion, such as a free month of service, a rebate
or other incentive, there may be a term commitment associated with
the benefit you accepted. Your term begins the date you activate
the new equipment or accept the promotion and ends on the last day
of the commitment period. The commitment period will be disclosed
as part of the promotion. If you disconnect service prior to the
end of the commitment period, you agree to pay InetVoice a recovery
fee for the promotion and/or promotion you accepted. Recovery fees
are cumulative and in addition to any other charges or fees you
may owe InetVoice and any fees or charges the InetVoice requires
upon disconnection of service, such as those described in §3.4.
Each recovery fee is an amount equal to the difference between the
price you paid and the regular price of the good or service at the
time you accepted the equipment or promotion.
2.2 Residential Use of Service and Device. If you subscribe
to InetVoice's residential services, the Service and the Device
are provided to you solely for residential use. You shall not resell
or transfer the Service or the Device to another party without our
prior written consent. 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 disconnect
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.
2.3 Business Use of Service and Device. If you subscribe
to InetVoice's Business services, the Service and Device are provided
to you as a business user. You shall not resell or transfer the
Service or the Device to another party without our prior written
consent. 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 disconnect 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.
2.4 Fax Service.If you subscribe to InetVoice's fax services,
the Service is provided to you solely for fax use. You shall not
resell or transfer the Service to another party without our prior
written consent. 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), or voicemail broadcasting or voicemail
blasting. We reserve the right to immediately disconnect 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.
2.5 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device only
for lawful purposes. We reserve the right to immediately disconnect
your Service without notice, 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 disconnection, you will be
responsible for the full month's charges to the end of the current
term, including, without limitation, unbilled charges, plus a return
fee, if applicable, all of which will become immediately due and
payable upon disconnection 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,
InetVoice will provide information in response to law enforcement
requests, lawful government 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.
(b) Inappropriate Conduct. 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
disconnect your Service without notice, 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 disconnection,
you will be responsible for the full month's charges to the end
of the current term, including, without limitation, unbilled charges,
plus a return fee, if applicable, all of which will become immediately
due and payable upon disconnection of your Service. If we believe
that you have used the Service or the Device in any of the aforementioned
ways, 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,
InetVoice will provide information in response to law enforcement
requests, subpoenas, court orders, to protect its rights and property
and in the case where failure to disclose the information may lead
to imminent harm to the customer or others. Furthermore, InetVoice
reserves all of its rights at law and equity to proceed against
anyone who uses the Services illegally or improperly.
2.6 Use of Service and Device by Customers Outside the United
States. Although we encourage you to use of 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 and Canada. If you use the Service or the
Device outside of the United States or Canada, you will be solely
responsible for any violations of local laws and regulations resulting
from such use. We reserve the right to disconnect 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 or Canada.
2.7 Copyright; Trademark; Unauthorized Usage of Device; Firmware
or Software.
(a) Copyright; Trademark. The Service and Device and any firmware
or software used to provide the Service or provided to you in conjunction
with providing the Service, or embedded in the Device, and all Services,
information, documents and materials on our websites are protected
by trademark, copyright or other intellectual property laws and
international treaty provisions. All of our websites, corporate
names, service marks, trademarks, trade names, logos and domain
names (collectively "marks") are and will at all times
remain our exclusive property. Nothing in this Agreement grants
you the right or license to use any of our marks.
(b) Unauthorized Usage of Device; Firmware or Software. You
have not been granted any license to use the firmware or software
used to provide the Service or provided to you in conjunction with
providing the Service, or embedded in the Device, other than a nontransferable,
revocable license to use such firmware or software in object code
form (without making any modification thereto) strictly in accordance
with the terms and conditions of this Agreement. You expressly agree
that the Device is exclusively for use in connection with the Service
and that we will not provide any passwords, codes or other information
or assistance that would enable you to use the Device for any other
purpose. We reserve the right to prohibit the use of any interface
device that we have not provided to you. You hereby represent and
warrant that you possess all required rights, including software
and/or firmware licenses, to use any interface device that we have
not provided to you. In addition, you shall indemnify and hold us
harmless against any and all liability arising out of your use of
such interface device with the Service. You shall not reverse compile,
disassemble or reverse engineer or otherwise attempt to derive the
source code from the binary code of the firmware or software.
2.8 Tampering with the Device or Service. You shall not
change the electronic serial number or equipment identifier of the
Device or to perform a factory reset of the Device without our prior
written consent. We reserve the right to disconnect your Service
if we believe, in our sole and absolute discretion, that you have
tampered with the Device. In the event of such disconnection, you
will remain responsible for the full month's charges to the end
of the current term, including, without limitation, unbilled charges,
plus a return fee, if applicable, all of which will immediately
become due and payable. You shall not attempt to hack or otherwise
disrupt the Service or make any use of the Service that is inconsistent
with its intended purpose.
2.9 Theft of Service. You shall not use the Service in a
manner calculated to avoid InetVoice policies and procedures. You
shall not obtain or use the Services in an improper manner. You
shall notify us immediately, in writing or by calling our customer
support line, if the Device is stolen or if you become aware at
any time that your Service is being stolen, fraudulently used or
otherwise being used in an unauthorized manner. When you call or
write, you must provide your account number and a detailed description
of the circumstances of the Device theft, fraudulent use or unauthorized
use of Service. Failure to do so in a timely manner may result in
the disconnection of your Service and additional charges to you.
Until such time as we receive notice of the theft, fraudulent use
or unauthorized use, you will be liable for all use of the Service
using a Device stolen from you and any and all stolen, fraudulent
or unauthorized use of the Service. InetVoice reserves all of its
rights at law and equity to proceed against anyone who uses the
Services illegally or improperly.
2.10 Number Transfer on Service Disconnection. Upon the
disconnection of your Service, we may, in our sole and absolute
discretion, release to your new service provider the telephone number
that you ported (transferred or moved over) to us from your previous
service provider and used in connection with your Service if:
such new service provider is able to accept such number;
your account has been properly disconnected;
your account is completely current, including payment for all charges
and applicable return fees; and
you request the transfer upon disconnecting your account.
2.11 Service Distinctions. The Service is not a telecommunications
service and we provide it on a best efforts basis. Things beyond
our control may affect the Service, such as power outages, fluctuations
in the internet, your underlying broadband service. Other things
may affect Service, such as maintenance. InetVoice will act in good
faith to minimize disruptions to your use of and access to Service.
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.
2.12 Ownership and Risk of Loss. You will own the Device
and bear all risk of loss of, theft of, casualty to or damage to
the Device, from the time it is shipped to you until the time (if
any) when it is returned to us in accordance with this Agreement.
2.13 No 0+ or Operator Assisted Calling; May Not Support x11
Calling. The Service does not support 0+ or operator assisted
calling (including, without limitation, collect calls, third party
billing calls, 900 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.
2.14 No Directory Listing. The phone numbers you obtain
from us 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 look up your address.
2.15 Incompatibility With Other Services.
(a) Home Security Systems. The Service may not be compatible
with home security systems. You may be required to 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 responsible for contacting the alarm
monitoring company to test the compatibility of any alarm monitoring
or security system with the Service.
(b) Certain Broadband, Cable Modem, and Other Services.
You acknowledge that the Service presently is not compatible with
AOL cable broadband service, certain versions of TiVO, and there
may be other services with which the Service may be determined to
be incompatible. You further acknowledge that some providers of
broadband service may provide modems that prevent the transmission
of communications using the Service. We do not warrant that the
Services will be compatible with all broadband services and expressly
disclaim any express or implied warranties regarding the compatibility
of the Service with any particular broadband service.
3. CHARGES; PAYMENTS; TAXES; DISCONNECTION
3.1 Billing. When the service is activated, you must provide
us with a valid email address and a credit or debit card number
from a card issuer that we accept. We reserve the right to stop
accepting credit or debit cards from one or more issuers. If your
credit or debit card expires, you close your account, your billing
address changes, or your credit or debit card is cancelled and replaced
on account of loss or theft, you must advise us at once. We will
bill all charges, applicable taxes and surcharges monthly in advance
(except for usage-based charges, which will be billed monthly in
arrears, and any other charges which we decide to bill in arrears)
to your credit or debit card, including but not limited to :
activation fees; monthly Service fees; usage charges; international
usage charges; advanced feature charges; premium services/Add-Ons,
equipment purchases; regulatory recovery fee; Emergency 911 Cost
Recovery, taxes; 911 fees, return fees; and shipping and handling
charges.
The amount of such fees and charges shall be published on our website
and may change from time to time. Notification of monthly invoices
will be sent to you via your email address on file with us. We reserve
the right to bill at more frequent intervals if the amount you owe
to us at any time exceeds $50. InetVoice bills usage charges in
full minute increments that are rounded up to the next full minute
unless otherwise set forth in the rate schedules found on our website.
InetVoice bills fractional usage charges in full cents that are
rounded up when the value is $.005 or more and down when the value
is $.004 or less unless otherwise set forth in the rate schedules
found on our website.
The above fees are defined as follows:
Activation Fee - This fee covers charges for setting up your account
and activating you on our system.
Monthly Service Fee - This is the basic charge associated with
your service. This fee includes the calling charges defined by your
plan, the features associated with your plan and basic account services.
Usage Charges - If you exceed the number of calling minutes on
your plan, InetVoice will bill you for the minutes you use above
your allowance. InetVoice also bills for calls to directory assistance
and other information services.
International Usage Charges - These are the fees associated with
calls to locations outside of the United States, Canada and Puerto
Rico.
Advanced Features, Add-Ons, Premium Services - InetVoice charges
additional fees for enhanced features and services.
Equipment Purchases - In some instances, you may pay for equipment
associated with your InetVoice service with your credit or debit
card. However, there will be occasions when InetVoice will offer
you the option to bill equipment to your account.
Regulatory Recovery Fee - A regulatory recovery surcharge of $0.99
applies to each phone number. InetVoice uses this fee to pay our
regulatory-related fees and expenses, including taxes, number portability
charges, and related legal fees.
Emergency 911 Cost Recovery of $0.99 applies to each line of service.
This fee is used to recover costs directly associated with developing,
implementing and maintaining a nationwide E911 in compliance with
FCC regulations, InetVoice 911 dialing and the InetVoice national
911 emergency call center.
Taxes - InetVoice is required to bill and collect local, state
and federal taxes imposed on InetVoice customers by the various
taxing authorities. InetVoice passes all taxes it collects on to
the appropriate taxing authority.
911 Fees - State and/or local governments may assess fees on InetVoice
to pay for emergency services in your community. InetVoice bills
and collects 911 fees from its customers and remits such fees to
the appropriate authority. Depending on where you live, these fees
can vary widely. InetVoice is committed to supporting public safety
services and resources in your State. For more information, and
to learn more about the fees collected in your community for emergency
services, contact your state or local elected official.
3.2 Billing Disputes. You must notify us in writing within
seven days after receiving your statement if you dispute any InetVoice
charges on that statement or you will be deemed to have waived any
right to contest such charges. All notices of disputed charges should
be sent to:
Customer Care Billing Department
InetVoice
608 E. Congress
PO Box 518
Nora Springs, IA 50458
3.3 Payment and Collection.
(a) Payment. We may disconnect your Service at any time in our
sole and absolute discretion if any charge to your credit or debit
card is declined or reversed, your credit or debit card expires
and you have not provided us with a valid replacement credit or
debit card, your check is not cleared by your financial institution
or in case of any other non-payment of account charges.
(b) Collection. If your Service is disconnected, you will
remain fully liable to us for all charges pursuant to this Agreement
and any and all costs we incur to collect such amounts, including,
without limitation, collection costs and attorney's fees.
(c) Notices. You understand that it is difficult for InetVoice
to distinguish between credit and debit cards. You agree to waive
your rights under Regulation E to receive ten days advance notice
from InetVoice regarding the amount that InetVoice will debit from
your account. InetVoice may send you messages about your billing
from time to time, but InetVoice is not obligated to do so. InetVoice
may change or cease its messages at any time without notice to you.
3.4 Disconnection; Discontinuance of Service. We reserve
the right to suspend or discontinue the Service generally, or to
disconnect your Service, at any time in our sole and absolute discretion.
If we discontinue the Service generally, or disconnect your Service
without a stated reason, you will only be responsible for charges
accrued through the date of disconnection, including a pro-rated
portion of the final month's charges. If your Service is disconnected
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 disconnection fee, if applicable, all of which will immediately
become due and payable. InetVoice will pursue collection for unpaid
amounts on disconnected accounts and may report to credit bureaus.
3.5 Taxes. You are responsible for all applicable federal,
state, provincial, municipal, local or other governmental sales,
use, excise, value-added, personal property, public utility or other
taxes, fees or charges now in force or enacted in the future, that
arise from or as a result of your subscription or use or payment
for the Service or a Device. Such amounts are in addition to payment
for the Service or Devices and will be billed to your credit card
as set forth in this Agreement. If you are exempt from payment of
such taxes, you must provide us with an original certificate that
satisfies applicable legal requirements attesting to tax-exempt
status. Tax exemption will only apply from and after the date we
receive such certificate.
3.6 Return Fee. You will be charged a return fee of $50.00
per voice line if your Service is disconnected for any reason and
you do not return all of the equipment owned by InetVoice.\
3.7 Payphone Charges. If you use any toll free feature that
we offer now or in the future, we will be entitled to recover from
you any charges imposed on us either directly or indirectly in connection
with toll free calls made to your number. We may recover these amounts
by means of a per-call charge, rounded up to the next cent, or in
such other fashion as we deem appropriate for the recovery of these
costs.
3.8 Charges for Directory Calls (411). We will charge you
$1.25 for each call made to InetVoice directory assistance.
4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 Limitation of Liability. We will not be liable for any delay
or failure to provide the Service, including 911 Dialing, at any
time or from time to time, or any interruption or degradation of
voice quality that is caused by any of the following:
an act or omission of an underlying carrier, service provider, vendor
or other third party;
equipment, network or facility failure;
equipment, network or facility upgrade or modification;
force majeure events such as (but not limited to) acts of God, acts
of nature, strikes, fire, war, riot, acts of terrorism and government
actions;
equipment, network or facility shortage;
equipment or facility relocation;
service, equipment, network or facility failure caused by the loss
of power to you;
outage of, or blocking of ports by, your ISP or broadband service
provider or other impediment to usage of the Service caused by any
third party;
any act or omission by you or any person using the Service or Device
provided to you; or
any other cause that is beyond our control, including, without limitation,
a failure of or defect in any Device, the failure of an incoming
or outgoing communication, the inability of communications (including,
without limitation, 911 Dialing) to be connected or completed, or
forwarded.
Our aggregate liability under this agreement will in no event exceed
the Service charges with respect to the affected time period.
4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL
INETVOICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS
OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION
THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR
FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY,
WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR
PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE
OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY
SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY
HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN
BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT
AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR
NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF
DAMAGES.
4.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless
InetVoice, its officers, directors, employees, affiliates and agents
and any other service provider who furnishes services to you in
connection with the Service, from any and all claims, losses, damages,
fines, penalties, costs and expenses (including, without limitation,
attorneys fees) by, or on behalf of, you or any third party or user
of the Service, relating to the Services, including, without limitation,
911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their
sense and context are intended to survive the termination or expiration
of this Agreement shall survive.
4.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE
OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY
THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING
THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL
BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE
QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER INETVOICE
NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR
ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES,
OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE
LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES
OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES
OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR
ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A
RESULT OF INETVOICE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE.
STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF
ANY, BY INETVOICE OR INETVOICE'S AGENTS OR INSTALLERS ARE INFORMATIONAL
AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
4.5 Device Warranties.
(a) Limited Warranty. Except as set forth herein, if you received
a Device from us and the Device included a limited warranty at the
time of receipt, you must refer to the separate limited warranty
document provided with the Device for information on the limitation
and disclaimer of certain warranties. Remedies for breach of any
such warranties will be limited to those expressly set forth in
such documentation.
(b) No Warranty. IF A LIMITED WARRANTY DID NOT COME WITH
YOUR DEVICE, YOU ARE ACCEPTING THE DEVICE "AS IS". YOUR
DEVICE IS NOT ELIGIBLE FOR REPLACEMENT, REPAIR OR REFUND AFTER THE
MONEY BACK GUARANTEE PERIOD.
(c) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY
SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE
RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE
MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY
DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY
ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE
OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR
FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL
NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY
SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
4.6 No Third Party Beneficiaries. No provision of this Agreement
provides any person or entity not a party to this Agreement with
any remedy, claim, liability, reimbursement, or cause of action
or creates any other third party beneficiary rights.
4.7 Content. You will be liable for any and all liability
that may arise out of the content transmitted by you or to any person,
whether authorized or unauthorized, using your Service or Device
(each such person, a "User"). You shall assure that your
and your User's use of the Service and content comply at all times
with all applicable laws, regulations and written and electronic
instructions for use. We reserve the right to disconnect or suspend
your Services and remove your or your Users' content from the Service,
if we determine, in our sole and absolute discretion, that such
use or content does not conform with the requirements set forth
in this Agreement or interferes with our ability to provide Services
to you or others. Our action or inaction under this Section will
not constitute any review or approval of your or Users' use or content.
5. MISCELLANEOUS
5.1 Governing Law. The Agreement and the relationship between
you and us is governed by the laws of the State of Iowa without
regard to its conflict of law provisions. To the extent court action
is initiated to enforce an arbitration award or for any other reason
consistent with Section 5.2, you shall submit to the personal and
exclusive jurisdiction of the courts located within the State of
Iowa and waive any objection as to venue or inconvenient forum.
5.2 Mandatory Arbitration and No Jury Trial. Any dispute
or claim between you, any member of your household or any guest
or employee of you and us arising out of or relating to the Service
or Device will be resolved by arbitration before a single arbitrator
administered by the American Arbitration Association in accordance
with its Commercial Arbitration Rules. The arbitration will take
place in Mason City, Iowa. The arbitrator's decision will follow
the plain meaning of the relevant documents, and will be final and
binding. Without limiting the foregoing, the parties agree that
no arbitrator has the authority to: (i) award relief in excess of
what this Agreement provides; or (ii) award punitive or exemplary
damages. Judgment on the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof. REGARDLESS OF
ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN SIX
(6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED. All claims shall be arbitrated individually. You shall not
bring, or join any class action of any kind in court or in arbitration
or seek to consolidate or bring previously consolidated claims in
arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF
ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION
IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, IOWA.
5.3 No Waiver of Rights. Our failure to exercise or enforce
any right or provision of this Agreement will not constitute a waiver
of such right or provision.
5.4 Entire Agreement. This Agreement, including any future
modifications as may occur within the terms of the Agreement, and
the rates for Services found on our website constitute the entire
agreement between you and InetVoice and govern the use of the Service
by you, members of your household, guests and employees. This Agreement
supersedes any prior agreements between you and InetVoice and any
and all prior or contemporaneous statements, understandings, writings,
commitments, or representations concerning its subject matter.
5.5 Severability. If any part of this Agreement is legally
declared invalid or unenforceable, all other parts of this Agreement
will remain valid and enforceable. Such invalidity or non-enforceability
will not invalidate or render unenforceable any other portion of
this Agreement.
6. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time
to time. Notices will be considered given and effective on the date
posted on www.inetvoice.com. Such changes will become binding on
you on the date they are posted to our website and no further notice
by us is required upon your continued use of the Service. The Agreement
as and when posted supersedes all previously agreed to electronic
and written terms of service, including, without limitation, any
terms included with the packaging of the Device.
7. PRIVACY
InetVoice Service utilizes, in whole or in part, the public Internet
and third party networks to transmit voice and other communications.
InetVoice is not liable for any lack of privacy which may be experienced
with regard to the Service. Please refer to our Privacy Policy at
www.inetvoice.com for additional information.
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