This Agreement ("Agreement") is between Rangatel.com ("we" or "us" or "Rangatel") and the user ("you", "user" or "Customer") of Rangatel's enhanced Residential communications services or enhanced 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.
By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between you and Rangatel by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY DISCONNECTION FEE; and (3) LIMITING RANGATEL'S LIABILITY UNDER THE AGREEMENT.
Service is offered on a monthly basis for a term which begins on the first day of the month and ends on the last day of the month. If the service is subscribed during the middle of the month, charges will be pro-rated from date that Rangatel activates your Service until the last day of the service activation month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Rangatel written notice of non-renewal at least ten  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 disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
2. USE OF SERVICE AND DEVICE
2.1 Residential Use of Service and Device
If you have subscribed to Rangatel's Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns, which is around 3000 minutes per month. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Rangatel in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay Rangatel's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. Rangatel reserves the right to immediately terminate or modify the Service, if Rangatel determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
2.2 Small Business Use of Service and Device, Prohibition on Resale
If you have subscribed to Rangatel's Small Business services, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from Rangatel in advance. You agree that the Rangatel Small Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. Rangatel reserves the right to immediately terminate or modify the Service, if Rangatel determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.
2.3 Prohibited Uses
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Rangatel's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Rangatel reserves the right to terminate your service immediately and without advance notice if Rangatel, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agrees to indemnify and hold harmless Rangatel against any and all liability for any such use that fails to comply with this Section 2.3. If Rangatel, in its sole discretion believes that you have violated the above restrictions, Rangatel may forward the objectionable material, as well as your communications with Rangatel and your personally identifiable information to the appropriate authorities for investigation and prosecution.
2.4 Use of Service and Device by Customers Outside the United States
While we encourage use of the Service within the United States to other countries, Rangatel does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.
2.5 Loss of Service Due to Power Failure
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.
2.6 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Rangatel's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively Ã¢ÂÂmarks') of Rangatel are and shall remain the exclusive property of Rangatel and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by Rangatel, which Rangatel reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Rangatel against any and all liability arising out of your use of such interface device with the Service.
2.7 Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Rangatel in each instance. Rangatel reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.
2.8 Theft of Service
You agree to notify Rangatel immediately, in writing or by calling the Rangatel customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
2.9 Device / Equipment Lease & Maintenance
Rangatel agrees to lease and provide to Customer, and Customer agrees to lease and obtain from Rangatel, the Device(s), as described herein, necessary to the functioning of Rangatel's Service (for purposes of this section, all Devices shall be referred to as, "Equipment"). The Equipment will be provided during the relevant term of this Agreement or until termination of service, for any reason. Within ten (10) days of terminating service pursuant to 1.1, 4.4 or 4.7 or for any reason, Customer shall return the Equipment in accordance with 2.10.
During the relevant term, Customer shall pay Rangatel the applicable monthly Service fee to obtain a leasehold interest in the Equipment. The Equipment shall remain the sole and exclusive property of Rangatel or its assignee, and nothing contained herein shall give or convey to Customer any right, title or interest whatever in the Equipment which shall at all times, be and remain personal property notwithstanding that it may be or become attached to or embedded in Customer's property.
Customer will use the Equipment in a careful and proper manner and in accordance with manuals or instructions provided by Rangatel or the manufacturer or supplier. Customer shall not make any alterations, attachments, or additions to the Equipment without Rangatel's written consent. Customer shall be liable for any loss or damage to the Equipment arising from Customer's negligence, intentional act, unauthorized maintenance, or other cause within the reasonable control of Customer, its representatives, employees, agents or invitees. In the event of any loss or damage to the Equipment for which Customer is liable, Customer shall reimburse Rangatel for the reasonable cost of repair or replacement (or, at Rangatel's option, Rangatel may apply all or a portion of Customer's deposit as such reimbursement).
2.10 Return of Device
The Device may be returned to Rangatel within ten (10) days of the line termination (refer to section 4.6 of this document regarding termination fees), provided: (i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and (iii) and all documentation and packaging materials are returned. If the Device is not returned or returned in damaged condition, Rangatel reserves the right to charge Customer an unreturned/damaged equipment charge not to exceed $199.00. If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Rangatel's customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. Please refer to the Rangatel warranty materials included in the packaging of your Device(s).
2.11 Number Transfer on Service Termination
Rangatel may not be able to port your number to other service providers as this is not a regular telephone service.
2.12 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Rangatel. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies.
2.13 Inconsistent with Normal Use
If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at Rangatel's sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive numbers and/or consistent excessive usage (i.e., More than 3000 minutes per line per month for unlimited residential calling and/or more than 10,000 minutes per line per month for unlimited small business calling), will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review by us. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered indicators that use of the service may be inconsistent with normal use for the subscribed monthly plan(s) and may trigger an account review by Rangatel. Failure to contact Rangatel in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in Rangatel's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and device recovery charges. Rangatel's right to terminate your account under Section 4.4 (with or no reason) is not limited by this provision.
3. CHANGES TO THIS AGREEMENT
Rangatel may change the terms and conditions of this Agreement from time to time. Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to Rangatel Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the Rangatel Web Site and no further notice by Rangatel is required.
You agree to pay all charges detailed on your online account at the time of Service initiation and thereafter as monthly charges are incurred. Payment arrangements shall be conducted electronically through your online account by either Credit Card or Checking Account through Automatic Clearing House (ACH) network. You must give us a valid credit card number when the Service is activated. If the card expires, you close your credit card or checking account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Rangatel at once. We will bill all charges monthly to your credit card or checking account, including but not limited to: activation fees, monthly Service fees, domestic and international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. Rangatel reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50.
4.2 Billing Disputes
You must notify Rangatel in writing within 7 days after receiving your credit card or bank statement statement if you dispute any Rangatel charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
Customer Care Billing Department
3 Golf Center, #231
Hoffman Estates, IL 60169
Rangatel only accepts payments by credit card and checking account through ACH. Your initial use of the Service authorizes Rangatel to charge the credit card or debit the checking account on file with Rangatel, including any changed information given Rangatel if the credit card expires or is replaced, for Rangatel charges that accrue during the billing cycle. This authorization will remain valid until 30 days after Rangatel receives your written notice terminating Rangatel's authority to charge your credit card or debit your checking account. Rangatel may terminate your Service at any time in its sole discretion, if any charge to your credit card or checking account is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to Rangatel for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Rangatel owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.
4.4 Termination/Discontinuance of Service
Rangatel reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Rangatel discontinues providing the Service generally, or terminates your Service in its discretion 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 for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, and applicable equipment charges, as set forth in Section 2.10, all of which immediately become due and payable.
Customer is responsible for, and shall pay any applicable federal, state, 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 Customer's 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 account. If Customer is exempt from payment of such taxes, it will provide Rangatel with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Rangatel receives the Tax Exempt Document.
4.6 Disconnect Fee
Customer will be charged a disconnect fee of $19.99 per voice line upon termination of Service for any reason or for convenience by Customer. The disconnect fee becomes due and payable immediately upon termination and will billed directly to Customer's credit card or debited from Customer's checking account. If Customer has multiple lines, Customer will be charged a disconnect fee of $19.99 per line for each line disconnected. Rangatel reservers right to charge Customer not to exceed $199 per device if the Device(s) is damaged or not in its original condition as received by the Customer. Rangatel reserves to charge a temporary fee of $49.99 per Device soon after cancellation, pending the return of Device.
4.7 Money Back Guarantee
Rangatel offers a 30-day money back guarantee, applicable to one primary line per account, not additional or secondary lines. Under terms of the Money-Back Guarantee, Rangatel refunds the activation fee, first month of service and waives the disconnect fee. Rangatel reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.
User must cancel service within 30 days of the account activation. Equipment must be returned within 30 days. Usage must not exceed 250 minutes within the first 30 days of service.
User is responsible for any charges for overage, international calls or directory assistance. Accounts exceeding 250 minutes of usage are not eligible for refund.
If User transferred number(s) to Rangatel and if user cancels within 30 days of account activation, User agrees to pay $20 per each number that is transferred to Rangatel to cover the number transfer costs.
All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from Rangatel Customer Care. User is responsible for return shipping of equipment. The money back guarantee will not be honored if user fails to meet all above requirements.
Customer will be offered credits (includes referral credit) and discounts certain times to promote business, to make loyal customers. Any such credits or discounts will be valid only if customer's account is in good standing and is active for the next 90 days from the day credit and/or discount is applied. If customer's account is closed or is not in good standing, Rangatel reserves the right to void the credits, discounts Customer received. Referral credits are issued to the lowest of plan amounts based on the plan you have and your friend chooses. Referral credit is applicable only for the plan amount and all the taxes and surcharges still apply.
5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
5.1 Limitation of Liability
Rangatel shall not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
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; strikes; fire; war; riot; government actions;
Equipment, network or facility shortage;
Equipment or facility relocation;
Service, equipment, network or facility failure caused by the loss of power to Customer; or
any other cause that is beyond Rangatel's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed, or degradation of voice quality.
Rangatel's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.
5.2 No Consequential Damages
In no event shall Rangatel, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Rangatel was informed of the likelihood of any particular type of damages.
Customer agrees to defend, indemnify, and hold harmless Rangatel, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, or the Device. This paragraph shall survive termination of this Agreement.
5.4 No Warranties on Service
Rangatel makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Rangatel does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Rangatel nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Rangatel's or Customer's 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 Rangatel's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by Rangatel or Rangatel's agents or installers are informational and are not given as a warranty of any kind.
5.5 No Warranties, or Limited Warranties, for Devices
If Customer purchased a Device new from Rangatel and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from Rangatel at the time of purchase, Customer agrees that it accepts its Device Ã¢ÂÂas is' and that Customer is not entitled to replacement or refund in the event of any defect.
5.6 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.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Rangatel reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if Rangatel determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Rangatel's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Rangatel's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold Rangatel against any and all liability arising from the content transmitted by or to you or to Users using the Services. A Ã¢ÂÂUser' means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
6. GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Mandatory Arbitration
Any dispute or claim between Customer and Rangatel arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall 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. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
6.2 Governing Law
The Agreement and the relationship between you and Rangatel shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Rangatel agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Illinois. The failure of Rangatel to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
6.3 Entire Agreement
This Agreement and the rates for Services found on Rangatel's website constitute the entire agreement between you and Rangatel and govern your use of the Service, superseding any prior agreements between you and Rangatel and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Rangatel unless and until posted in accordance with Section 3 hereof.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
8. 911 AND SERVICE REQUIREMENTS
ELECTRICAL POWER. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.
INTERNET ACCESS. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
NON-VOICE SYSTEMS. END USER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, FAX MACHINES, AND SATELLITE TELEVISION SYSTEMS. END USER HAS NO CLAIM AGAINST THE COMPANY FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
THE COMPANY WILL PROVIDE END USER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM END USER. END USER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT THE COMPANY HAS ADVISED END USER OF THE CIRCUMSTANCES UNDER WHICH E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING.
THE COMPANY WILL PROVIDE END USER WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING. END USER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. IF ADDITIONAL LABELS ARE REQUIRED, END USER MAY REQUEST THEM FROM THE COMPANY.
E911 SERVICE WILL BE AVAILABLE AS AN OPTIONAL ADDITIONAL SERVICE TO SUBSCRIBERS BY THE FEDERAL COMMUNICATIONS COMMISSION'S DEADLINE. END USERS WHO SUBSCRIBE TO E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT (DTA OR VIDEOPHONE) WITH THE COMPANY, AND MUST SELECT TELEPHONE NUMBER(S) LOCAL TO THE CALLING AREA WHERE THE EQUIPMENT IS REGISTERED AND THE E911 SERVICE IS TO BE PROVIDED.
END USERS WHO SUBSCRIBE TO E911 SERVICE WILL BE SUBJECT TO A ONE-TIME PROVISIONING FEE AND TO A MONTHLY E911 SERVICE CHARGE. THE PROVISIONING FEE AND MONTHLY E911 SERVICE FEE SHALL BE IN ADDITION TO THE APPLICABLE RESIDENTIAL OR BUSINESS PLAN CHARGES FOR THE ASSOCIATED LINE. THE MONTHLY CHARGE FOR E911 SERVICE IS ASSESSED ON A "PER-LINE" (THAT IS, PER PHONE NUMBER BASIS), AND WILL BE SET AT A LEVEL THAT REIMBURSES THE COMPANY FOR THE DIRECT COSTS IT INCURS IN PROVIDING E911 SERVICE, INCLUDING EXPENSES THE COMPANY INCURS, EITHER DIRECTLY OR INDIRECTLY, IN THE FORM OF STATE, COUNTY OR MUNICIPAL E911 SURCHARGES, E911 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 E911 SERVICES TO END USERS SUBSCRIBING TO THIS OPTIONAL SERVICE. THE COMPANY RESERVES THE RIGHT TO ADJUST THE LEVEL OF CHARGES ASSOCIATED WITH THE PROVISION OF E911 SERVICES TO REFLECT INCREASES OR DECREASES IN THE COSTS IT INCURS. (SEE SECTION 11 REGARDING CHANGES TO THE AGREEMENT, SERVICES OR PLAN).
WHEN AN END USER DIALS 911 ON A PHONE LINE WITH E911 SERVICE, THE COMPANY WILL UTILIZE THE LOCATION INFORMATION PROVIDED BY END USER AT THE TIME OF ACTIVATION OF E911 SERVICE. END USER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR WILL BE BASED UPON THE PHYSICAL LOCATION ON FILE WITH THE COMPANY. IN ADDITION, END USER ACKNOWLEDGES THAT IF END USER DOES NOT ACTIVATE E911 SERVICE ON THEIR ACCOUNT, CALLS TO 911 WILL NOT BE ROUTED AND END USER WILL RECEIVE AN AUTOMATED VOICE MESSAGE IF THEY DIAL 911.
END USER ALSO ACKNOWLEDGES THAT E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE E911 SERVICES UNSUITABLE FOR SOME END USERS. BECAUSE END USER CIRCUMSTANCES VARY WIDELY, END USERS SHOULD CAREFULLY EVALUATE THEIR OWN CIRCUMSTANCES WHEN DECIDING WHETHER TO SUBSCRIBE TO E911 SERVICE. END USER ACKNOWLEDGES THAT IT IS END USER'S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET END USER'S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS). THE FOLLOWING CHARACTERISTICS DISTINGUISH E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE:
** E911 SERVICE WILL NOT FUNCTION IF END USER'S DTA, PHONE OR VIDEOPHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF END USER'S SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, END USER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE THE COMPANY'S SERVICE, INCLUDING FOR E911 PURPOSES.
** AFTER INITIAL ACTIVATION OF THE E911 SERVICE, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO E911 CALLS APPROXIMATELY 7 DAYS AFTER THE SERVICE IS ACTIVATED, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN THIS SCHEDULE.
** THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE NETWORK, THERE IS A POSSIBILITY THAT A 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORKS.
** IF END USER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR.
END USER ACKNOWLEDGES AND UNDERSTANDS THAT THE COMPANY WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. END USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHOM FURNISHES SERVICES TO END USER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, END USER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.