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CUSTOMER AGREES TO BE BOUND BY THESE TERMS BY REQUESTING, ACTIVATING, OR USING PHONOM’S EQUIPMENT OR SERVICE.
Information Services Agreement
This agreement ("Agreement") between Phonom LLC ("Phonom") and you ("you" or "Customer") governs Phonom's sale to you of voice over Internet protocol (“VoIP”) and other information services (together, “Service”), and related equipment.
1. Services . Service is provided monthly. You may end it on 30 days' advance written notice, and you will be charged for all amounts accrued through the end of the last full month of Service. If you end Service after less than 12 complete months, then Phonom will charge you a $99 cancellation fee for administrative expenses (and not as a penalty), plus any other amounts due. No such fee will be due if you end Service within the first 30 days, for service quality reasons.
2. Use of Services . (a) You will not resell or transfer Service, use the Service for business purposes, or use Service for telemarketing, auto-dialing, fax broadcasting or blasting, or continuous or extensive call forwarding. The Service is a usage-based voice service. If Phonom determines in its sole discretion that you are using the Service for non-voice, data-only or Internet-only purposes, then Phonom may convert the Service to a standard data or Internet transport service and bill you for any applicable non-recurring and recurring charges associated with such service. (b) You will not use the Service to violate or encourage violation of applicable public or private law. If you do, then Phonom may provide information about you, including personally identifiable information, to any legal authority or private person, without liability to you. (c) If you use Service outside the U.S. , you assume all risk of such use and will reimburse Phonom for any and all resultant amounts sought from or against Phonom. (d) Phonom may end Service immediately if it finds, in its sole discretion, that you have violated any restriction in this paragraph 2. (e) Added charges may apply if you use Service outside Phonom's territory. To ask about a location, inquire with info@phonom.com .
3. Terms of Service . (a) Phonom will deliver Service only to the physical point where facilities enter your premises and connect with an interface device provided by Phonom. A standard 110-volt outlet is required at the point of entry for the Service, or added installation charges apply. (b) Service will not work if you lose power, or if your Internet connection slows or stops. Service may not be available at a different address or location. (c) Phonom is not liable or responsible for non-Phonom equipment or services. (d) You gain no intellectual property rights of any type, except a non-transferable, revocable right to use Service. You agree not to reverse engineer, disassemble, or decompile any of Phonom's equipment, firmware, or software. (e) Phonom may restrict or bar use of an interface device not provided by Phonom. If Phonom allows use of such a device, then you represent that you possess all rights needed to use it. (f) You agree not to change the serial number or identifier and not to reload or alter any software or firmware on any Phonom-provided equipment. If you violate this restriction, Phonom may end Service immediately. (g) You agree to promptly and fully report to Phonom, in writing, any theft or fraudulent use of equipment or Service. (h) Any damaged Phonom equipment will be replaced if you return it to Phonom with all packaging and the carrier's freight bill or receipt. (i) Phonom may assign you a new number as the equivalent of a telephone number, or, at its discretion, port a number from your prior service provider. (j) Phonom is not liable to Customer or any other person for acts of God, third-party acts, or other events beyond its control.
4. 911. (a) Phonom's 911 emergency response service is NOT the same as standard 911 service from a telephone company.
911 WILL NOT WORK IF:
- YOU LOSE POWER TO YOUR PHONOM EQUIPMENT OR YOUR BROADBAND (Internet) EQUIPMENT,
- YOU MOVE YOUR PHONOM EQUIPMENT TO A DIFFERENT PHYSICAL ADDRESS
( unless you register the new address with Phonom),
- YOUR INTERNET CONNECTION SLOWS OR IS INTERRUPTED,
- YOUR SERVICE IS DISCONNECTED FOR NON-PAYMENT, OR
- A SERVICE OUTAGE OCCURS FOR ANY OTHER REASON.
(b) You agree to convey these limitations to any household residents, guests and other third persons who enter the premises where you use Service. If you move to a new address within the Phonom serving area, you must contact Phonom to update your 911 address information ( www.cavtel.com/voip.shtml ). Otherwise, your 911 service will not work properly. It will take two business days for your update to become active in the Phonom 911 system. (c) You acknowledge that if you use Service at a different location, 911 calls will route to the wrong emergency call center.
5. Billing and Termination . (a) Phonom will bill you, or charge your credit car, monthly for Service fees and usage-based charges. Phonom may end Service if you do not pay all undisputed charges within 30 days after you receive a paper or electronic bill. A late charge of 1.5% monthly applies to all undisputed charges not paid when due. You will also pay Phonom's reasonable attorneys' fees and all costs and fees of collection if Phonom seeks to recover any unpaid, undisputed charges. (b) If you cancel Service before expiration of its term, then you will pay early termination fees equal to 65% of all charges for the remaining portion of that term, plus any outstanding balance and all expenses incurred by Phonom in establishing or providing Service. (c) Any claim of billing error is waived unless made in writing within ten days after you receive your bill, to billing@phonom.com or to Phonom LLC Billing Department, 2134 West Laburnum Avenue , Richmond , Virginia 23227-4342 . (d) Phonom may suspend or discontinue Service at any time, without liability to you, to respond to any actual or suspected violation of law or any emergency. (e) Your monthly bill will include all applicable, current and future, governmental taxes, fees or charges, unless you provide an original government-issued certificate attesting to your exemption from any such amounts. (f) If you pay by credit card and do not maintain valid credit-card data with Phonom, Phonom may end Service and charge you for all amounts due through month's end, plus $99 as a collections fee (and not as a penalty).
6. DSL Service Customer shall provide adequate space, power, and climate control for equipment used for DSL service. DSL service is subject to interruption for scheduled or unscheduled maintenance with or without notice. Customer will not receive a credit for DSL outage(s) for any other reason. DSL service is subject to the standard terms of any underlying service provider, which are incorporated by reference into this Agreement.
7. Limitation of Liability; Indemnification . (a) PHONOM MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW (STATUTORY OR OTHERWISE) OR IN FACT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO SERVICE OR EQUIPMENT. (b) Regardless of the alleged or actual factual or legal grounds, neither Phonom nor any of its officers, employees, agents, affiliates, or contractors shall be liable to you or any third party for monetary damages or injunctive relief of any type, for any alleged breach of contract, tortious conduct, or other violation, including but not limited to failure of 911 service. (c) You will defend, indemnify, and hold harmless Phonom, its officers, employees, agents, affiliates, and contractors from any and all claims, losses, damages, fines, penalties, costs and expenses by, or on behalf of, you or any user or third party (including any of your customers), related to or arising out of this Agreement or your Service, including but not limited to any actual or alleged failure of 911 service. (d) Phonom provides service over the public Internet and third parties' networks and is not liable for any breach, failure, or lack of privacy of any communications. (e) You are liable for all consequences, including any and all civil or criminal liability, related in any way to content sent or received using your Service. Phonom's action or inaction with respect to any such content is not review or approval of any such content. (f) This paragraph shall survive termination of this Agreement.
8. Privacy . Phonom provides service over public networks and is not liable for any alleged breach, failure, or lack of privacy.
9. Other Terms. (a) This Agreement is the entire agreement between you and Phonom concerning Service. It may be amended only by changes posted on www.cavtel.com/voip.shtml , or by both parties' written agreement, or by Phonom in response to any change in applicable law, regulation, enforcement, or interpretation. (b) This Agreement provides no non-party with any third-party beneficiary rights or any other remedy, claim, liability, reimbursement, or cause of action. (c) Virginia law applies to this Agreement and all matters arising out of or related to it. (d) If any part of this Agreement is found unenforceable or invalid, all other parts shall remain enforceable and valid, and the fullest possible effect shall be given to the parties' intent.
10. Binding Effect . By requesting or using Service, you represent that you are of legal age and competent to enter into this Agreement. You agree that your request for Service, whether made to Phonom, or any representative or agent of Phonom, makes these terms and conditions as binding upon you as if your hand-written signature were affixed to this document. You confirm and agree that you have read, understood, and agreed to all terms and conditions of this Agreement .
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