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Terms of Service
ITU TERMS OF SERVICE FOR DIGITAL PHONE
SERVICE
These Terms of Service constitute the agreement ("Agreement")
between Independence Light & Power, Telecommunications. ("we," "us" or
"ITU") and the user ("you," "user" or "Customer") of ITU’s residential
business communications services and any related products or services
("Service"). This Agreement governs both the Service and any devices, such as
an IP phone, ITU, 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 Indytel 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
Our customers will 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
(PSAP) assigned to your location, and emergency operators have access to the
information they need to send help and call you back if necessary. You
authorize us to disclose your name and address to third-parties involved with
providing 911 Dialing to you, including, without limitation, call routers, call
centers and local emergency centers.
1.2 Registration of Physical
Location Required.
For each phone number that you use for the Service,
you must register with Indytel, 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 contacting our office. 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.
1.3 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 or disruption
is cleared or restored. Following a power failure or disruption, you may need
to reset the MTA 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 will prevent all Service, including 911
Dialing.
(c) 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.
1.4 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. ITU has built specific quality of
service profiles to efficiently route calls as quickly as
possible
1.5 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. Neither ITU 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 ITU, its officers, directors, employees,
affiliates and agents who furnishes services to you in connection 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.
1.6 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.
2 Residential Use of Service and Device.
If you
subscribe to Indytel’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.
2.1 Business Use
of Service and Device.
If you subscribe to Indytel’s Business
services the Service and Device are provided to you as a business. 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 business patterns,
or that you have at any time used the Service or the Device for any of the
aforementioned or similar activities.
2.2 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 disconnection
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, ITU 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 disconnection 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, ITU will
provide information in response to law enforcement requests, subpoenas, court
orders, to protect it's rights and property and in the case where failure to
disclose the information may lead to imminent harm to the customer or others .
Furthermore, ITU reserves all of its rights at law and equity to proceed
against anyone who uses the Services illegally or improperly.
2.3
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 disconnection 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.
2.4 Theft of Service.
You shall not use the Service
in a manner calculated to avoid ITU’s 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. ITU reserves all of its rights
at law and equity to proceed against anyone who uses the Services illegally or
improperly.
2.5 Service Distinctions.
The Service is 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, outside plant issues and failed hardware. Other things may
affect Service, such as maintenance. ITU 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.
3 Disclaimer of
Liability for Damages.
IN NO EVENT WILL ITU, IL&P,T, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS 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.
3.1 Indemnification
and Survival.
(a) Indemnification. You shall defend, indemnify, and hold
harmless ITU, its officers, directors, employees, affiliates and agents 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.
3.2 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
ITU NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, 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 ITU’S OR VENDORS'
NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF
ANY, BY ITU OR ITU’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT
GIVEN AS A WARRANTY OF ANY KIND.
3.3 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
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
ITU 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
ITU and any and all prior or contemporaneous statements, understandings,
writings, commitments, or representations concerning its subject
matter.
5.1 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.indytel.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 and also supersedes any written terms provided
to Retail Customers in connection with retail distribution, including, without
limitation, any written terms enclosed within the packaging of the Device. |
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