Legal

Voice Terms and Conditions.

Current Version Effective Date: 1/1/2014

This Service Agreement (the “Agreement”) is between USIPCOMMUNICATIONS, LLC. (“USIPCOM”) and the Customer. Services provided are based on the Terms and Conditions contained herein and are subject to change with updated versions of this document available for viewing and download on http://USIPCOM.com/legal. Updated versions of this document will take effect on the first date of the month following posting of the updated version, with updated versions identified with the month and year they become effective. Customer should therefore check the site regularly for updated versions. Customer accepts said Terms and Conditions, as acknowledged by signature on the relevant Service Order Form (“SOF”), and agrees to be bound by them.

Definitions:

"911 Services" means functionality that allows end users to contact emergency services by dialing the digits 9-1-1.

“Enhanced 911 Services” means the ability to route an emergency call to the designated entity authorized to receive such calls, which in many cases is a Public Safety Answering Point (“PSAP), serving the Customer’s Registered Address or user-provided address and to deliver the Subscriber’s telephone number and Registered Address information automatically to the emergency operator answering the call.

“Basic 911 Service” means the ability to route an emergency call to the designated entity authorized to receive such calls serving the Customer’s Registered Address. With basic 911, the emergency operator answering the phone will not have access to the caller’s telephone number or address information unless the caller provides such information verbally during the emergency call.

“ANI” means Automatic Number Identification.

“DID/DOD” means a telephone number assigned by USIPCOM to Customer for use by a Subscriber with USIPCOM Hosted IP-PBX service.

“Directory Listings” means the listing of a Subscriber’s telephone number in the ILEC directory for a Market.

“International” means anywhere outside of the continental United States, including Alaska and Hawaii.

“IP” means Internet Protocol.

“LCA” means a geographical local calling area (determined by the applicable ILEC) containing one or more Rate Centers.

“LNP” means local number portability.

“NADP” means the North American Dialing (or Numbering) Plan.

“Operator and Directory Assistance” means live or automated operator assistance for the placement of Subscriber calls, listing services and/or related information.

“PSTN” means the public switched telephone network.

“Rate Center” means a geographic area (determined by the applicable ILEC) within a LCA or Market that is associated with one or more specific NPA/NXX codes.

“Registered Address” means the address provided by customer in either written format on (i) appropriate USIPCOM order forms, (ii) entered into appropriate USIPCOM portals or (iii) other written or verbal communication to Customer’s USIPCOM sales or post-sales support representative that represents the physical location from which USIPCOM’s Voice services and TNs associated with this service will be used.

“SIP” is the signaling protocol used between VoIP networks to establish, control and terminate voice calls.

“Subscriber” means an individual, end-user or telephone device assigned a DID/DOD.

“TN” means a telephone number assigned by USIPCOM to Customer (or that Customer ports to USIPCOM) and used by Customer in connection with USIPCOM Hosted IP-PBX for service.

“Toll Free Number” or “TFN” means a telephone number that supports NADP and is assigned by USIPCOM to Customer or that Customer ports to USIPCOM for use with the USIPCOM Voice services.

“U.S. Domestic” means the continental United States (excluding Alaska and Hawaii).

“VoIP” means voice over IP.

1. Services Provided. Provided that Customer is not in default of its obligations stated herein, USIPCOM shall provide Customer with the Service ordered in the USIPCOM Service Order Form, which Service Order Form is incorporated herein by reference, for the Service Term, the Service Term being defined in Section 9. If Customer has purchased or leased Equipment from USIPCOM or its certified third party leasing company, (a) if Customer installation is required, then the Customer must install Equipment in accordance with instructions provided by USIPCOM (or its third party vendor), (b) USIPCOM Equipment must be used solely for the purpose of Service utilization. Customer is solely responsible to obtain, use and operate any equipment not provided by USIPCOM that may be used in association with the Service.

2. Service Availability. The Service is available throughout the Service Term, except in the case of scheduled maintenance of the USIPCOM network and/or its underlying carrier’s network. USIPCOM will use commercially reasonable efforts to provide prior notification via electronic mail (“email”) to Customer regarding any scheduled maintenance of Service. USIPCOM may interrupt its provision of Service for unscheduled emergency maintenance without notice to Customer or Customer’s customers.

3. Network Assessment. Prior to the provisioning of Service, Customer must successfully complete a Network Assessment with USIPCOM. In addition to this Agreement, Customer may receive a separate Network Assessment Form which is to be completed according to the instructions contained in the form and reviewed by the USIPCOM Sales Engineer (“SE”). Alternatively, a Network Assessment may be completed by an on-site technician provided by USIPCOM. The purpose of the Network Assessment is to determine if the Customer’s premises and/or Local Area Network (“LAN”) will support the USIPCOM VoIP services. After the completion of a successful credit check, USIPCOM’s SE may contact Customer after reviewing the Network Assessment Form. The SE will communicate to Customer one of the following:

a) That the Network Assessment Form is incomplete and still requires additional input from Customer
b) That the Customer’s network is compatible with the Hosted IP-PBX service
c) That the Customer’s network is not presently compatible with the Hosted IP-PBX service.

In the case that the Network Assessment Form has not been completed, Customer must complete the remaining sections and/or provide the information requested by the USIPCOM SE. Customer understands that the Service may not be provisioned until the Network Assessment has been completed and approved by the USIPCOM SE. In the case that the USIPCOM SE communicates to Customer that the Customer network is not presently compatible with the Service, the SE will provide Customer with a list of requirements that must be met prior to the activation of service in order to make the network compatible. These requirements may include inside wiring or cabling, or the acquisition and implementation of new or alternative LAN equipment, switches, or routers to the specifications of USIPCOM. If Customer wishes to fulfill these requirements and proceed with service, Customer must communicate to USIPCOM their intentions to proceed. Customer must meet the requirements set forth by USIPCOM prior to the Activation Appointment as set forth in this Agreement. Should the Network Assessment yield compliance requirements the Customer does not wish to or cannot meet, the Network Assessment shall be marked as denied and this Agreement will be terminated without penalty to the Customer.

4. Porting Numbers. USIPCOM will require a completed and signed Letter of Authorization (“LOA”) for any numbers or toll free numbers the customer wishes to port. Applicable LOAs are attached hereto. In addition, USIPCOM will require a recent, applicable copy of the Customer’s current phone bill which contains the Customer’s Billing Telephone Number (“BTN”) as well as a record of any numbers that need to be ported. Necessary LOA(s) and Bill Copy(s) must be received by USIPCOM before USIPCOM initiates the port request.

5. Service Activation Date for Voice Services with Bundled Internet Service. If Customer has ordered Voice service with bundled internet service, USIPCOM will work with the Customer to establish an initial activation date upon which their bundled internet and Voice solution will be activated. This date will be based on the Customer’s requested date as well as two additional factors:

1) The successful installation of the Customer’s Internet Access if the customer has ordered internet service from USIPCOM

2) The Confirmed Port Date USIPCOM receives from its underlying provider if Customer is porting any numbers. The Confirmed Port Date is the date upon which the Customer’s current voice provider has agreed to port the numbers to USIPCOM.

The Confirmed Port Date typically cannot be set any earlier than two (2) to four (4) business weeks after the port request was initiated. Upon submission of the port request, USIPCOM will request a port date that coincides as closely as is reasonably possible with the initial activation date arrived at with the Customer. However, since the port interval is a product of the accuracy of the information provided to USIPCOM by the Customer as well as the processing speed of the Customer’s current voice provider, USIPCOM makes no guarantees about how soon a Customer’s number can be ported, but will work with its underlying carrier and the Customer to make sure the port date coincides as closely as possible with the activation date of the Customer’s data circuit.

When USIPCOM receives the Confirmed Port Date, USIPCOM will assign a Service Activation Date based on the aforementioned criteria and will communicate this date to the customer. If the Customer wishes to change the requested service activation date, Customer must communicate the new requested date to their Installation Specialist within forty-eight (48) hours of the issuance of the service activation date. Such further date changes by Customer will be met by USIPCOM on a best effort basis.

In the process of coordinating the installation of the internet and number port for the initial install date, the internet circuit may be delivered before the Voice service is activated. Once the internet circuit is delivered, USIPCOM begins incurring cost from its underlying provider. USIPCOM will assume one hundred percent (100%) of this cost and will not begin billing the customer until both components are delivered and accepted by the customer. Should the customer seek to change their activation date, USIPCOM will make every reasonable effort to change any outstanding orders for the data circuit or number porting to have them both ready for the customer’s new, requested service activation date. However, if during this process the data circuit should be delivered more than five (5) days prior to the customer’s number port, USIPCOM will pass on the cost of the internet circuit for any days up to five (5) days before the customer’s number port is executed.

6. Service Activation Date for Voice Services without Bundled Internet Service.

If Customer is porting numbers, USIPCOM will work with the Customer to establish an initial activation date upon which their Voice Services will be activated. This date will be based on the Customer’s requested date as well as the Confirmed Port Date USIPCOM receives from its underlying provider if Customer is porting any numbers. USIPCOM will receive a Confirmed Port Date from its underlying provider within one (1) to three (3) weeks of the port request. The Confirmed Port Date is the date upon which the Customer’s current voice provider has agreed to port the numbers to USIPCOM. The Confirmed Port Date is typically set between two (2) and four (4) business weeks after the port request was initiated. This interval is a product of the accuracy of the information provided to USIPCOM by the Customer as well as the processing time of the Customer’s current voice provider. Due to this, USIPCOM makes no guarantees about when a Customer’s number will be ported, but will do its best to work with the Customer to meet reasonable deadlines. Upon receiving a Confirmed Port Date, USIPCOM will communicate this date to the Customer by phone or by email. Customer may change this date by contacting USIPCOM up to forty-eight (48) hours prior to the port date. The Service Activation date and subsequent billing date are not in any way based on the porting of the Customer’s numbers but rather on the terms and conditions contained in sections 7 and 8.

7. Activation Appointment. USIPCOM will attempt to arrange an Activation Appointment with the Customer whereby a USIPCOM Installation Specialist will contact the Customer to walk them through connecting USIPCOM equipment, guide them through any applicable features of the USIPCOM equipment and service, and make test calls. Such test calls will consist of outbound and inbound calls within the USIPCOM core Voice network between the Customer site and the USIPCOM Network Operations Center (“NOC”) as well as any other outbound and inbound calls of the Customer’s choosing.

8. Service Commencement. The Service Activation Date shall be the earlier of: (i) two (2) business days after Service is deemed ready for activation by USIPCOM, or (ii) Service is successfully activated by the underlying carrier and confirmed tested and accepted by Customer and USIPCOM. USIPCOM recognizes that Service are ready for activation after the following three requirements are met (i) Customer’s USIPCOM-provided Internet Access Service to be used with the Voice Service, if applicable, is deemed ready for activation pursuant to the Customer Acceptance Section of the USIPCOM Purchase Order, (ii) delivery of applicable USIPCOM Equipment necessary for the activation of the Service to customer premises, (iii) the completion of an activation appointment per section 7. USIPCOM has sole discretion in determining the Service Activation Date as defined above regardless of whether Customer has completed all necessary steps to activate Service.

9. Service Agreement Term and Service Term. The initial Service Agreement Term shall be at least one (1) year and up to three (3) years from the Effective Date of the unique, or any, Service Order Form(s) signed by Customer, with the specific initial Term of the Service Agreement as stated on each such Service Order Form. The term of the Service Agreement will automatically renew for successive one (1) year periods unless terminated in writing by USIPCOM or by Customer pursuant to the Termination Section of this Agreement at least forty (40) days prior to the expiration of the then existing Term of the Service Agreement. The initial Service Term for the, or any, specific USIPCOM Service(s) provided to Customer shall be at least one (1) year and up to three (3) years from the Service Commencement Date depending on the Service Term stated on the unique, or any, Service Order Form(s) signed by Customer. Upon expiration of a Service Term for a particular Service(s), the Service Term will automatically renew for successive one (1) year periods unless terminated in writing by USIPCOM or by Customer pursuant to the Termination Section of this Agreement at least forty (40) days prior to the expiration of the then existing Service Term. When the Term of the Service Agreement expires or is terminated, existing Services continue in effect for the remainder of the Service Term(s) and will continue to be governed by the Agreement. In the event of automatic renewal, USIPCOM reserves the right to: (i) maintain the same prices and rates for the Service(s) as stated on affected Service Order Form, or (ii) Terminate the Service(s) as stated on affected Service Order Form.

10. Service Support. USIPCOM provides support for the Services as described at https://www.usipcom.com/products/usipcom-standard-support-agreement/, as guaranteed by the applicable Service Level Agreement (“SLA”), posted at www.USIPCOM.com/legal. USIPCOM DOES NOT SUPPORT CUSTOMER SERVICES BEYOND THE USIPCOM POINT OF DEMARCATION, DEFINED AT https://www.usipcom.com/products/usipcom-standard-support-agreement/.

11. CPE Maintenance, Support, and Repair. If Customer has rented CPE from USIPCOM, then Customer shall allow USIPCOM reasonable access to the CPE as required to provide Service ordered by Customer. Equipment provided for service may be new or recertified. All CPE and CPE provider service purchased from USIPCOM is subject to the terms and conditions set forth in the Manufacturer’s or Publisher’s warranty, end-user license, or agreement applicable to such CPE or CPE provider service, with no warranty of any kind from USIPCOM. Customer shall reimburse USIPCOM, on a time and materials basis as documented in an invoice, for the entire cost to repair and/or replace CPE in the event of:

(a) misuse
(b) failure to exercise reasonable care
(c) altering original USIPCOM configuration
(d) damage
(e) theft
(f) disaster

If USIPCOM CPE requires maintenance not caused by one of the events set out in the sentence above, USIPCOM or its agents shall either arrange to repair the CPE at Customer’s premises or ship an equivalent pre-configured replacement to Customer. If replacement CPE is shipped to Customer, Customer shall return the faulty CPE to USIPCOM within ten (10) days of receiving the replacement CPE or pay for such CPE. Customer will not receive compensation for downtime associated with CPE replacement or repair. In addition, if Customer has rented CPE, Customer shall return (at Customer’s own expense) USIPCOM CPE to USIPCOM within ten (10) days of termination. If this CPE is not returned in good working condition to USIPCOM Customer shall be invoiced and pay for this CPE. Should Customer terminate CPE rental prior to fulfillment of initial or renewal service term then USIPCOM may charge Customer a twenty percent (20%) restocking fee, as calculated according to the original purchase price of rented CPE. USIPCOM is not responsible for security configurations of leased or purchased CPE weather managed or un-managed. Customer Network Security is the sole responsibility of the customer. Customer is fully responsible for any security breaches, misuse, abuse, or fraud on USIPCOM CPE or Service related to USIPCOM CPE weather managed or un-managed.

12. CPE Purchase. All CPE and CPE Provider Service purchased from USIPCOM is subject to the terms and conditions set forth in the Manufacturer’s or Publisher’s warranty, End-User license or agreement applicable to such CPE or CPE Provider Service, with no warranty of any kind from USIPCOM. Should customer receive purchased CPE that is damaged or dead on arrival Customer must notify USIPCOM Customer Care within ten (10) days of receipt. Returns will only be accepted on brand new factory-packaged products within thirty (30) days of the date CPE was shipped. All products must be fully complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. Products returned in used or altered condition will not be accepted. After thirty (30) days from initial product ship date, all sales are final. Customer is responsible for
shipping charges to the USIPCOM distribution center for all products being shipped for return or exchange. Customer is responsible for all risk of loss and damage to products being shipped for return or exchange. Should Customer desire to return or exchange purchased CPE, pursuant to the above conditions, then Customer must e-mail Customer Care at customercare@USIPCOM.com to request a Return Materials Authorization (RMA). All returns and exchanges will incur a twenty percent (20%) restocking fee, as calculated according to the original purchase price. If the RMA is in response to CPE delivered dead on arrival or damaged, and said CPE is found to be operating within manufacturer specifications upon return, said CPE shall be subject to the restocking fee outlined above.

13. Charges for Service. The monthly recurring charge(s) (“MRC”) and any non-recurring charge(s) (“NRC”) for Service is stated in said Service Order Form. Service charges are exclusive of applicable taxes and surcharges, including the Federal Universal Service Fund surcharge that USIPCOM passes on to its Customers if it is charged to USIPCOM. At its sole discretion, USIPCOM may require a security deposit to continue the provisioning of Service. USIPCOM shall not increase pricing during the initial Term of a Customer Order, but thereafter USIPCOM may increase pricing upon at least thirty (30) days’ written notice. All rates and charges are subject to change immediately in the event there are mandated surcharges imposed by federal, state or governmental agency. Notwithstanding the foregoing, in the event any Regulatory Activity, USIPCOM reserves the right, at any time with as much advance written notice as reasonably possible and without liability, to: (i) pass through to Customer all, or a portion of, any changes or surcharges directly or indirectly related to such Regulatory Activity; (ii) modify the Service, rates (including any rate guarantees), promotions, terms and/or conditions of this Agreement in order to conform to such action; or (iii) if such Regulatory Activity materially and adversely impairs the provision of Service under the Agreement, as reasonably determined by USIPCOM, terminate the Agreement.

14. Billing and Payment. USIPCOM shall bill Customer for Service rendered at the rates stated in said Service Order Form. Invoices shall include all applicable federal, state, and local taxes. all such taxes, and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees, miscellaneous fees, and surcharges, whether charged to or against USIPCOMMUNICATIONS, LLC., which shall be payable by the Customer. However, if Customer provides proof of its specific tax exempt status, Provider shall not charge applicable taxes due to such exemption. Customer shall supply Provider a valid and properly executed tax exemption certificate(s). In such cases the Customer remains responsible for, and agrees to pay, any and all remaining non-exempt charges; tax exemption status validation is solely the responsibility of the Customer and Provider will not be obligated to consider any retroactive tax exemption. USIPCOM shall commence billing for the monthly recurring charges and usage (the Service) on the Service Commencement Date. First and second month charges for the recurring Service(s) are billed upon Service Commencement. Where applicable, service charges for the first partial month of service will be pro-rated and billed. Call usage charges are billed after the actual calls and usage has occurred. Payments are due within Thirty (30) days of the invoice date. After fifteen (10) days of nonpayment, all fees will accrue interest at a rate of one and one-half percent (1.5%) per month or any part thereof, or the highest rate allowed by applicable law, and customer shall pay all collection costs incurred by USIPCOM (including, without limitation, reasonable attorney’s fees). USIPCOM reserves the right to amend said Customers to a fifteen (15) day payment term should they fail to make satisfactory payments pursuant to their current account payment term. At any point beyond provided invoice due date, where Customer has failed to make satisfactory payment as so judged by USIPCOM, then USIPCOM may give Customer written notification, by email, that Customer has committed a material breach of the Agreement due to non-payment. Said notification will be provided five (5) business days prior to Service suspension or termination. Customer must pay all outstanding charges, within said notice period, to avoid suspension or termination of Service. If Service is terminated due to non-payment, then the Termination fees described in the Material Breach Section shall apply. In its sole discretion, USIPCOM may: (i) require a security deposit to continue the provisioning of Service(s) if Customer’s approved level of credit is deemed insufficient; (ii) change payment terms, billing cycle, and/or Due Date; (iii) demand immediate payment by wire or other means and discontinue Service(s) without notice should Provider determine Customer’s usage exceeds their approved level of credit; (iv) immediately block Customer’s Service(s) if a Customer’s pre-paid balance is depleted or is at a level that cannot cover Customer’s estimated traffic during the time required for the Customer to replenish their prepaid balance, or if Customer refuses to make any requested payments. USIPCOM retains the right to bill, including any amended or corrected billing, for the Service(s) for a period of up to twelve (12) months, commencing from the date the billed Service(s) were provided to Customer. USIPCOM shall retain such billing rights for this twelve (12) month period notwithstanding any prior billing to Customer for the same period(s) and regardless of any otherwise conflicting billing conditions in this Agreement. Customer agrees that for the duration of this twelve (12) month period, USIPCOM shall not be deemed to have waived any rights with regard to billing for the provided Service(s) that are subject to this period, nor shall any legal or equitable doctrines apply, including estoppel or laches.

15. Billing Disputes. In the event Customer disputes any invoiced charges, Customer shall pay in full all charges invoiced by the Due Date and submit written notification in the form of an email sent to customercare@USIPCOM.com, with “Notice of Billing Dispute” in the subject line of the email. Such email notification must include the Customer’s contact information, the specific dollar amount in dispute, detailed supporting reasons for the dispute, and any supporting documentation if available. USIPCOM shall respond to Customer, in writing, within thirty (30) calendar days of receiving a dispute notification from Customer. Any dispute resolved in favor of Customer shall be credited as appropriate on the next available invoice. In the event that any disputed amounts are deemed to be correct as billed and in compliance with this Agreement, Customer shall be notified in writing that the charges have been deemed valid and legitimate, and the dispute will be considered resolved by both parties; in such cases, if there should be any amount due from Customer related to the dispute, then all such amounts shall be due and payable immediately. Provider reserves the right to deny or delay any and all billing disputes and/or credits if the Customer’s account is in arrears or otherwise not in good standing.

16. Resumption of Service. If Customer requests that Service be restored after a suspension or termination, USIPCOM has the sole and absolute discretion to restore such Service and may condition restoration upon satisfaction of such conditions as USIPCOM determines is necessary for its protection, including requiring Customer to execute a new agreement, pay all past due statements in full, pass USIPCOM’s credit approval, and/or make advance payments. New nonrecurring charges also may apply to restored Service.

17. Additional charges (if applicable). In addition to the standard charges listed above, the following charges, if applicable, will apply:

Disconnect Charges: For any request to disconnect or port out a USIPCOM assigned TN, a non-recurring charge of $6 per TN will be charged.

LNP Charges: For cancelled LNP request more than 48 hours before FOC, a non-recurring charge of $11 per TN will be charged. For cancelled LNP requests within 48 hours of FOC, a non-recurring charge of $80 per TN will be charged. For any request to reinstate, within 24 hours, a newly ported phone number to the original carrier, a non-recurring charge of $425 per number will be assessed.

Payphone Surcharges: In the event the customer receives any inbound calls originating from a Payphone, these calls will be subject to a charge per call. The charges are based on regulated FCC Payphone Compensation rules. These regulatory charges (approximately $0.55 per call) will be passed through directly to the customer.

“Snapback” charges: For any request to reinstate, within 24 hours, a newly ported phone number to the original carrier, a nonrecurring charge of $425 per number will be assessed.

Minute Thresholds Hosted: Each Hosted VoIP Basic seat is subject to a monthly cap limiting the amount of minutes to one-thousand-five-hundred (1,500) per seat. Each Hosted VoIP Enhanced seat is subject to a monthly cap limiting the amount of minutes to two-thousand (2,000) per seat. Each Hosted VoIP Premium seat is subject to a monthly cap limiting the amount of minutes to two-thousand five hundred (2,500) per seat. Any minutes exceeding these caps will be billed at $.017 per minute. This cap is a soft cap, meaning that its enforcement will not be automatic but will be at the discretion of USIPCOM should the Customer’s usage exceed this usage cap, as averaged across all seats, in any given month.

Minute Thresholds SIP Trunking Unmetered: Each SIP Trunk is subject to a monthly cap limiting the amount of minutes to two-thousand (2,000) per Trunk. Any minutes exceeding this cap will be billed at $.017 per minute. This cap is a soft cap, meaning that its enforcement will not be automatic but will be at the discretion of USIPCOM should the Customer’s usage exceed this usage cap, as averaged across all trunks, in any given month.

Call Duration Thresholds: All per minute rates (Interstate LD, Intrastate LD, Local if applicable, 800 Domestic) assume at least 95% of calls terminating will be of a call duration of no less than six (6) seconds in length. If 5% or more of Customer’s completed calls are equal to or less than six (6) seconds in length during any billing cycle then USIPCOM reserves the right to charge, and Customer shall pay, a $0.05 charge per short duration call. This charge will be in addition to Customer’s current rates.

800 Domestic Rates: Domestic 800 inbound calls are billed at the quoted flat, per-minute rate or rate schedule. 800 service is only available to 800/Toll-free DIDs provided by or ported to USIPCOM’s network.

800 Offshore Rates: 800 Inbound calls are rated at the flat per minute rate or rate schedule provided in the customer’s with the exception of calls originating from the following locations:

1. Alaska $.45
2. Canada $.08
3. CNMI $.30
4. Guam $.15
5. Hawaii $.05
6. Puerto Rico $.19
7. USVI $.18

The per-minute rates for these locations are subject to change within 30 days and can be viewed at
http://www.USIPCOM/content/rates.

International Rates: International per minute rates are subject to change each (30 days). Current international rates can be viewed at
http://www.USIPCOM/content/rates.

Directory Assistance and Operator-Assisted Dialing:
USIPCOM’s Hosted VoIP service may provide Directory Assistance (i.e. 411) and traditional Operator Assisted Dialing. Specific per call or per minute of use rates may apply.

RBOC / Wireless Thresholds for Flat Rate Charges: All flat-rate per-minute rates (Interstate LD, Intrastate LD, 800 Domestic) assume at least 65% of calls terminate (or originate for 800 domestic inbound) on either an RBOC or Wireless PSTN providers. If this threshold is not met, USIPCOM reserves the right to charge up to an additional $.06 per minute on the number of minutes needed to meet this threshold.

Service Reinstatement Fee: $250.00 plus any charges imposed by underlying carrier(s)
Missed Appointment Fee: $250.00
Rejected Credit Card/Unpaid Check: $40.00 (or legal limit)
Relocation Charge: Relocation within same rate center is $80.00; Relocation to new rate center is $285.00
Upgrade Charge: Dependent on specific upgrade
Downgrade Charge: Dependent on specific upgrade
Inside Wiring: It will be the customer's responsibility to provide any needed internal wiring or extensions (and required conduit, facilities, power, etc) for the CPE and phones required to use the service.

18. Billing Increments. Billing increments are set forth below.

19. Material Breach. USIPCOM or Customer may terminate this Agreement and the Service(s) provided hereunder in the event of a material breach that is not cured within thirty (30) days following the delivery of written notice specifying said breach, except in the case of serious material breaches, so judged by USIPCOM. Such notice from Customer must be in the form of an email sent to customercare@USIPCOM.com, with “Notice of Material Breach” in the subject line of the email and Customer’s contact information and detailed explanation, including supporting documentation if available, in the body of the email. Such notice from USIPCOM shall be in the form of an email to the Customer. In the event of an uncured material breach by USIPCOM, the Agreement and Service(s) shall be terminated without further liability to the Customer, however, in such cases Customer shall remain responsible for: (a) charges for Service(s) actually and properly received prior to the date of Breach notification, (b) one hundred percent (100%) of the past due balance at the time of termination, and (c) any non-recurring charges originally waived by USIPCOM. In the event of an uncured material breach by Customer, such as early termination of this Agreement, the following termination fees shall apply: (a) charges for Service(s) actually and properly received prior to the date of Breach notification, (b) the total of monthly minimum commitments for all components of the Service(s) for the remainder of the Service Order Term(s) and any additional early Termination fees included in any and all relevant Service Order Form(s), (c) one hundred percent (100%) of the past due balance at the time of termination, and (d) any non-recurring charges originally waived by USIPCOM.

20. Termination. Upon termination of the Service Agreement and/or the Service(s) not due to a material breach, USIPCOM will disconnect, or will cause to be disconnected, the Service(s) if notified by the Customer in writing via email to customercare@USIPCOM.com with “Notice-Disconnect of Service” in the subject line of the email, with no less than forty calendar (40) days notice prior to termination of the Agreement and/or Service(s). The body of the e-mail must contain, account name, location, contact, and the exact service to disconnect, In all such cases, Customer retains the sole responsibility for notifying USIPCOM of any and all requests for termination or disconnection of Service(s), including but not limited to the porting out of billable telephone numbers (also referred to as “DIDs”), whether port outs are known or unknown by Customer; and, Customer remains responsible for all billable charges related to terminated Service(s) until USIPCOM is notified in writing as specified. Any request by Customer for cancellation or termination at any time within the Service Agreement Term and/or Service Term set forth in this Agreement, including: prior to installation, or at any time prior to the Service Commencement or Activation Date, or in the case of early termination by Customer, will be considered a Material Breach by the Customer and shall be subject to the applicable Material Breach provisions as outlined in the Material Breach section of this agreement. In the event USIPCOM determines, in its sole discretion, that Customer’s ongoing use of Service(s) or the specific method or technology utilized by the Customer places USIPCOM’s network, other customers, partners or the overall businesses of each in jeopardy, USIPCOM reserves the right to terminate Service(s) immediately without notification.

21. Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 22, IN NO EVENT WILL USIPCOM OR CUSTOMER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THE INTERNET ACCESS SERVICE, Voice Services, CPE, AND/OR ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES UNDER THIS AGREEMENT. USIPCOM’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS LIMITED TO SERVICE CREDITS NOT TO EXCEED THE FEES PAID TO USIPCOM BY CUSTOMER FOR THE SERVICE PROVIDED.

22. Indemnity. Customer shall indemnify and hold harmless USIPCOM, its Officers, Employees, Agents, and Affiliates from and against any and all alleged or actual losses, costs, claims, liability of any kind, damages (including to any tangible property or bodily injury to or death of any person), or expense of whatever nature, (including reasonable attorneys' fees) to or by any third party, relating to or arising from (a) the use of the Service provided to Customer, whether or not Customer has knowledge of or has authorized access for such use, (b) any damage to or destruction of CPE not caused by USIPCOM or its agents, and (c) any material breach of this Agreement by Customer. Customer has the sole and exclusive responsibility for the installation, configuration, security, and integrity of all Customer systems, equipment, software, and networks (the “Customer Equipment”) used in conjunction with or related to the Service(s) provided by USIPCOM. Customer therefore shall indemnify and hold harmless USIPCOM from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees (including reasonable attorneys' fees) on the part of or which may be incurred by Customer or a third-party relating to or arising from the use or operation of the Customer Equipment. Customer’s indemnification in this subsection includes any alleged or actual losses or claims in connection with unauthorized access to or use of the Service(s) by any third-party through Customer Equipment, regardless if such unauthorized access is unintentional, accidental, intentional or by fraud and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized access Customer agrees that it retain full and sole responsibility for any and all charges for the Service(s) provided by USIPCOM. In the event USIPCOM grants Customer access, either by online access, by application programming interface (API), or access by any other means, to a service ordering/management system and other related electronic tools (collectively, the “Electronic Tools”), Customer agrees that it is fully and exclusively responsible for all information accuracy, charges, costs, transactions, and activities conducted through such Electronic Tools. Customer agrees that it is fully and exclusively responsible to safeguard, monitor, manage, and maintain access to the Electronic Tools, and to only allow authorized use of the Electronic Tools to persons that Customer designates. Customer therefore agrees that it shall indemnify and hold harmless USIPCOM from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees (including reasonable attorneys' fees) on the part of or which may be incurred by Customer, or a third-party, relating to or arising from the use or operation of the Electronic Tools. Customer’s indemnification in this subsection includes any alleged or actual losses or claims in connection with unauthorized access to, use, transactions, or activity conducted through the Electronic Tools, regardless if such unauthorized access is unintentional, accidental, intentional, or by fraud, and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized access Customer agrees that it retains full and sole responsibility for any and all charges for the Service(s) provided by USIPCOM.

23. No Warranties and Customer Assumption of Risk. USIPCOM MAKES SERVICE COMMITMENTS UNDER THE APPLICABLE SERVICE LEVEL AGREEMENT (“SLA”), SAID SLA IS INCORPORATED HEREIN BY REFERENCE. HOWEVER, USIPCOM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR THE USIPCOM SERVICE (INCLUDING USIPCOM CPE) PROVIDED UNDER THIS AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USIPCOM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. USIPCOM EXERCISES NO CONTROL OVER, AND HEREBY DISCLAIMS ANY RESPONSIBILITY FOR, THE ACCURACY AND QUALITY OF ANY INFORMATION TRANSMITTED WITH THE USE OF THE SERVICE. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF ITS OR ITS CUSTOMERS’ USE OF ANY INFORMATION TRANSMITTED VIA THE SERVICE.

24. Miscellaneous. Customer acknowledges and understands that Customer is to receive the Service detailed in this Agreement and the Customer is not relying on any affirmation of fact, promise or description from any person or entity, nor any other oral or written representation other than what is contained in this Agreement. Handwritten alterations or additions to this agreement made by Customer will not be considered part of this Agreement. This Agreement may only be modified, or any rights under it waived, by a separate written document executed by both parties. This Agreement shall be governed by, construed under, and enforced in accordance with, the laws of the State of North Carolina without reference to its choice of law principles. For any action or suit to enforce any right or remedy of this Agreement, (except for actions to enter or collect on judgments) the parties consent to exclusive jurisdiction and venue in the courts for Wake County, North Carolina and the prevailing party shall be entitled to recover its costs, including reasonable attorney’s fees. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. Customer may not assign this Agreement without USIPCOM’s prior written consent. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. Customer signatory certifies that (s) he is an officer or certified representative of the Customer, and as such is authorized to enter into this binding Agreement. In the event any specified time frame or deadline denotes calendar days, it is agreed that when the last date of required action or response falls on a weekend or holiday, the action and/or deadline shall automatically extend to the next business day. Agreement headings are provided for reference purposes only.

THIS AGREEMENT, TOGETHER WITH ANY ATTACHMENTS, INCLUDING ANY SCHEDULES, ADDENDUMS, PRICE LISTS, SERVICE ORDERS, TERMS AND CONDITIONS, SERVICE LEVEL AGREEMENTS, AND ACCEPTABLE USE POLICIES, WHICH MAY BE POSTED AT: WWW.USIPCOM.com/LEGAL, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE, CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE CUSTOMER AND USIPCOMMUNICATIONS, LLC, WITH RESPECT TO THE SERVICE(S) PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT CUSTOMER IS NOT RELYING ON ANY AFFIRMATION OF FACT, PROMISE OR DESCRIPTION FROM ANY PERSON OR ENTITY, NOR ANY OTHER ORAL OR WRITTEN REPRESENTATION OTHER THAN WHAT IS CONTAINED IN THIS AGREEMENT AND ANY INCORPORATED DOCUMENTS.

25. Emergency Services Dialing. Customer will have access to either basic 911 or Enhanced 911 (E911) as their default emergency calling service for all Voice services which provide a full two-way (inbound and outbound) dialing capability.

With E911 service, when a caller from the Customer’s Registered Address dials the digits 9-1-1, the USIPCOM telephone number and subscriber’s registered address is automatically sent to the local emergency center serving your location. The emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information to the emergency call taker. Accordingly, with E911 service, the emergency call-taker will have the caller’s call-back telephone number and registered address information just by virtue of the caller placing the call using the digits 9-1-1. In limited circumstances, Customers equipped with E911 may have their calls routed to the national call center. Please see the description below for an explanation of when this would occur and how this service operates.

With basic 911 service, when a caller from the Customer’s Registered Address dials the digits 9-1-1, the call is sent to the local emergency center serving your location. But operators answering the call will not have automatic access to the caller’s call-back telephone number or the Registered Address because the emergency center will not be equipped to receive, capture or retain Customer’s assigned USIPCOM telephone number and Registered Address. Accordingly, callers must be prepared to provide both call-back and address information. If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address. As additional local emergency centers become capable of E911 functionalities, USIPCOM will automatically upgrade customers from basic 911 to E911 service. We will not notify Customer of the upgrade. In limited circumstances, Customers equipped with basic 911 may have their calls routed to the national call center. Please see the description below for an explanation of when this would occur and how this service operates.

National Call Center service Certain USIPCOM customers do not have access to either basic 911 or E911. If Customer does not have access to either E911 or basic 911, emergency calls placed using the digits 9-1-1 will be sent to a national emergency call center. A trained agent at the emergency call center will ask for caller’s name, telephone number, and location and then transfer the caller to the appropriate local emergency center or otherwise determine the best way to provide emergency services to the caller. Like Basic 911, the trained operators answering calls in the national call center will not have automatic access to the caller’s telephone number or Registered Address information because the national call center is not equipped to receive, capture or retain Customer’s USIPCOM telephone number and Registered Address, so the caller must be prepared to provide this information. Customer’s 911 calls may also be sent to USIPCOM’s national emergency call center if there is a problem validating the Registered Address provided by Customer during provisioning, if Customer is located in an area that is not covered by the land line 911 network, or if Customer has basic 911 or E911 service but these call fails to complete and are routed to the national emergency call center for fail-over purposes.

DISCLAIMER OF LIABILITY:
CUSTOMER ACKNOWLEDGES AND AGREES THAT USIPCOM’S SERVICE IS INTERNET BASED AND THAT 911
SERVICES ARE DIFFERENT THAN THAT OF TRADITIONAL WIRELINE SERVICE. FOR BASIC 911 OR E911 TO BE
ACCURATELY ROUTED TO THE APPROPRIATE EMERGENCY RESPONDER, THE CUSTOMER MUST PROVIDE THE TN
ASSOCIATED WITH THE VOICE SERVICE FOR THE REGISTERED ADDRESS, IN THE ‘USERPART’ OF THE ‘FROM URI’
CONTAINED IN THE SIP ‘FROM’ HEADER. CUSTOMER MUST NOT IN ANY WAY MANIPULATE THIS INFORMATION.
CUSTOMER ACKNOWLEDGES THAT THE USIPCOM VOICE SERVICE MAY NOT SUPPORT BASIC 911 OR E911
DIALING IN THE SAME MANNER AS TRADITIONAL WIRELINE PHONE SERVICE. CUSTOMER AGREES TO INFORM OF
THE POTENTIAL COMPLICATIONS ARISING FROM BASIC 911 OR E911 DIALING. SPECIFICALLY, CUSTOMER
ACKNOWLEDGES AND AGREES TO INFORM ALL EMPLOYEES, GUESTS, AND OTHER THIRD PERSONS WHO MAY USE
THE SERVICE THAT BASIC 911 AND E911 SERVICES WILL NOT FUNCTION IN THE CASE OF A SERVICE FAILURE FOR
ANY OF THE FOLLOWING REASONS: (A) POWER FAILURES, (B) SUSPENDED OR TERMINATED USIPCOM SERVICE,
(C) SUSPENSION OF SERVICES DUE TO BILLING ISSUES, AND/OR (D) ANY OTHER SERVICE OUTAGES NOT DESCRIBED
HEREIN. CUSTOMER FURTHER ACKNOWLEDGES THAT FAILURE TO PROVIDE A CORRECT PHYSICAL ADDRESS IN
THE REQUISITE FORMAT MAY CAUSE ALL BASIC 911 OR E911 CALLS TO BE ROUTED TO THE INCORRECT LOCAL
EMERGENCY SERVICE PROVIDER. FURTHERMORE, CUSTOMER RECOGNIZES THAT USE OF THE SERVICE FROM A
LOCATION OTHER THAN THE LOCATION TO WHICH THE SERVICE WAS ORDERED, I.E., THE “REGISTERED ADDRESS,”
MAY RESULT IN BASIC 911 OR E911 CALLS BEING ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE
PROVIDER.

CUSTOMER ACKNOWLEDGES AND AGREES THAT USIPCOM, ITS UNDERLYING CARRIER, OR ANY OTHER
THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF EMERGENCY SERVICES OR
IN RESPONDING TO EMERGENCY CALLS, NOR THEIR OFFICERS OR EMPLOYEES, MAY BE HELD LIABLE FOR ANY
CLAIM, DAMAGE, LOSS, FINE, PENALTY OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) AND
CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO
THE PROVISION OF ALL TYPES OF EMERGENCY SERVICES TO CUSTOMER. CUSTOMER FURTHER AGREES AND
ACKNOWLEDGES THAT IT IS INDEMNIFYING AND HOLDING HARMLESS USIPCOM FROM ANY CLAIM OR
ACTION FOR ANY CALLER PLACING SUCH A CALL WITHOUT REGARD TO WHETHER THE CALLER IS AN EMPLOYEE OF
THE CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES TO HOLD HARMLESS AND INDEMNIFY
USIPCOM FROM ANY CLAIM OR ACTION ARISING OUT OF MISROUTES OFANY 911 CALLS, OR WHETHER
LOCAL EMERGENCY RESPONSE CENTERS OR NATIONAL EMERGENCY CALLING CENTERS ANSWER A 911 CALL OR
HOW THE 911 CALLS ARE HANDLED BY ANY EMERGENCY OPERATOR INCLUDING OPERATORS OF THE NATIONAL
CALL CENTER. THE LIMITATIONS APPLY TO ALL CLAIMS REGARDLESS OF WHETHER THEY ARE BASED ON
BREACH OF CONTRACT, BREACH OF WARRANT, PRODUCT LIABILITY, TORT AND ANY OTHER THEORIES OF
LIABILITY.

26. Acceptable Use Policy. All use of Service must comply with USIPCOM’s Acceptable Use Policy (“AUP”), which is posted at www.USIPCOM.com/legal, and is incorporated herein by reference. By accepting USIPCOM Service, Customer agrees to comply with this AUP and any subsequent modifications thereto. USIPCOM reserves the right to modify this AUP from time to time, effective upon posting the AUP as modified at the URL shown above. Violation of the AUP shall be considered a material breach of this Agreement pursuant to Section 19.

27. Service Moves. Should Customer desire to move service from the location indicated at the time of installation Customer must notify USIPCOM of said move. USIPCOM will evaluate Service move and advise Customer on number availability should Customer move into a new service rate center. In such cases USIPCOM is unable to secure new numbers for the Customer then Customer may terminate Voice service without early termination penalty. In some cases numbers may be on backorder in the new rate center and not immediately available for Customer use. USIPCOM may seek to temporarily provide Customer forwarding extensions until such time as backorder numbers become available in lieu of allowing Customer early termination of Service. Should Customer fail to notify USIPCOM of a service move then USIPCOM, in its sole discretion, may immediately suspend Customer service until such time a Customer Move Order is processed. Customer accepts that failure to properly notify USIPCOM of an intended service move may result in Customer service being E911 non-compliant. Customer understands that said failure may cause incorrect routing of Emergency Services and any consequences of such rest solely with the Customer.

28. Resale Prohibition. The Service provided shall be for Customer use only with no authorization for the Customer to resale service to others. Customer agrees to comply with said prohibition and understands should Customer fail to adhere to this provision USIPCOM shall immediately terminate Customer service. Additionally, USIPCOM shall find Customer in breach of contract with full termination penalties due as outlined in section 19 of this agreement. Customer will also be liable for any additional charges and damages which may be incurred as a result of unauthorized resale.

29. Third Party Beneficiaries. The Parties do not intend by the execution, delivery, or performance of this Agreement to confer any benefit, direct or incidental, upon any person or entity not a party to this Agreement.

30. Dispute Resolution Process and Applicable Law.
(a) It is the mutual desire of the parties to promptly and fully resolve any dispute arising in connection with this Agreement in good faith, confidentially, and informally with minimal transaction costs and no public statement may be made by any party regarding any such dispute. If either party determines that the dispute cannot be resolved informally, then such party shall initiate an escalation process by giving written notice (“Escalation Notice”) to the other party. Each party shall name one executive as its representative, to be a person knowledgeable of the subject matter in dispute and someone with authority to discuss the dispute (hereinafter the “Officers”). The Officers shall meet in person or by conference call, together with any persons assisting them, within fifteen (15) days after delivery of the Escalation Notice. All negotiations conducted by the Officers are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and any state rules of evidence. The Officers shall conduct such additional meetings as they deem necessary to exchange relevant information, will appoint staff to engage in resolution of any disputed facts, and will attempt to resolve the dispute. Should the Officers be unable to resolve the dispute within such fifteen (15) days, or within such additional time as the parties may otherwise agree to in writing, either party may demand mediation, whereupon the parties shall, in good faith, mediate the dispute no later than thirty (30) days after such demand through the services of a mutually selected mediator, the cost of whom shall be borne equally by the parties, at a date and location selected by the mediator after consultation with the parties. If the dispute is not resolved after applying the escalation procedures set forth above, the parties agree to waive any right to trial by jury in any judicial proceeding arising under or related to the subject matter of this Agreement, and agree to submit all controversies, claims and matters of difference to arbitration according to the commercial rules and practices of the American Arbitration Association (“AAA”). Arbitration hereunder shall occur within sixty (60) days of the date of submission before a single neutral arbitrator having significant experience in the subject matter of this Agreement and who will selected in accordance with AAA rules. Arbitration proceedings shall take place in Wake County, North Carolina. Discovery shall be permitted, including the use of interrogatories, requests for admission and production of documents and depositions. If the amount claimed to be in dispute is less than $500,000 all applicable expedited procedures of the AAA shall apply. The arbitrator’s fees and costs of the arbitration shall be borne by the party against whom the award is rendered, except that if the arbitrator issues a split decision, granting partial relief to both parties, the arbitrator shall equitably allocate the arbitrator’s fees and other cost. Each party shall pay its attorney's fees related to any dispute related to this Agreement. The arbitration award shall be final and binding on both parties of this Agreement, shall not be subject to any appeal and shall be enforceable in any court of competent jurisdiction.
(b) This agreement shall be governed by, construed under and enforced in accordance with the laws of the State of North Carolina without reference to its choice of law principles. In the event any party brings a civil action or initiates judicial proceedings of any kind related to this Agreement (except for actions to enter or collect on judgments), the parties consent to the exclusive personal jurisdiction and venue of the courts in Wake County, North Carolina.

Customer Notice of 911 and E911 Service Limitations.

PLEASE READ THIS NOTICE CAREFULLY.

AS A USER OF USIPCOM SESSION INITIATION PROTOCOL (“SIP”) BASED VOICE OVER INTERNET PROTOCOL (“VOIP”) SERVICES, YOU ARE REQUIRED TO AGREE THAT YOU HAVE READ AND UNDERSTOOD THE LIMITATIONS ASSOCIATED WITH THE 911 AND E-911 EMERGENCY SERVICES
AVAILABLE THROUGH THE USIPCOM CALLING SERVICES.

IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE ANY
USIPCOM CALLING SERVICES.

Definitions - Terms capitalized when used within this document have the following meanings:

“911 Services” means functionality that allows end users to contact emergency services by dialing the digits 9-1-1.

“Enhanced 911 Service” or “E911” means the ability to route an emergency call to the designated entity authorized to receive such calls, which in many cases is a Public Safety Answering Point (“PSAP”), serving the Customer’s registered or user-provided address and to deliver the user’s telephone number and registered address information automatically to the emergency operator answering the call.

“Basic 911 Service” means the ability to route an emergency call to the designated entity authorized to receive such calls serving the Customer’s registered or user-provided address. With basic 911, the emergency operator answering the phone will not have access to the caller’s telephone number or address information unless the caller provides such information verbally during the emergency call.

With Enhanced 911 Service (“E911”), when a caller from your registered location dials the digits 9-1-1 from any USIPCOM offered calling service that is associated with a phone number and a properly registered address, the phone number and address are automatically presented to the local emergency center serving the location. Emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information.

With Basic 911 Service, when a caller from your registered location dials the digits 9-1-1, the call is sent to the local emergency center serving that location. Operators answering the call will not have automatic access to the caller’s call-back telephone number or the associated registered address, even if that address has been properly registered, because with Basic 911 Service the emergency center is not equipped to receive, capture or retain the telephone number associated with the USIPCOM calling service or the registered address. Accordingly, callers must be prepared to provide both call-back and address information. If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address if call-back and address information has not been provided by the caller.

EMERGENCY SERVICE DISCLOSURE APPLICABLE TO ALL CALLING SERVICES
OFFERED BY USIPCOM:

The limitations detailed below are applicable to all of USIPCOM’s calling services (which include but are by no means limited to: Hosted VoIP Service, or SIP Trunking). Customer agrees to inform all users of USIPCOM’s calling services of the potential complications arising from the delivery of emergency services when dialing 911. Specifically, Customer acknowledges and agrees to inform all employees, guests and other third persons who may use USIPCOM’s VoIP calling services of the limitations detailed below associated with all of USIPCOM’s emergency calling capabilities.

1.All of USIPCOM’s Calling Services Have 911 Capabilities that are Different Than Those Offered by Traditional Providers of Local Telephone Services:

Customer acknowledges and agrees that all of USIPCOM’s calling services are Internet based and that the 911 calling capabilities associated with all of USIPCOM’s calling services are different from those offered by traditional providers of local telephone services. USIPCOM’s VoIP calling services are not meant to be relied upon in the case of an emergency. While USIPCOM attempts to provide access to emergency service, these VoIP services are not intended to be used to support or to carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of emergency services. YOU SHOULD MAINTAIN AN ALTERNATIVE MEANS OF CALLING EMERGENCY SERVICES.

2. 911 Service Will NOT Work If You Experience A Power Outage, Service Outage or any other network disruption Outages of your electricity and problems with your connection, including network congestion, will disrupt any USIPCOM calling service and you will not be able to use it for 911 emergency calling.

3. 911 Service Will NOT Work If Your Service Is Disconnected Or You Experience An Outage For Any Reason

If you have a service outage due to a suspension of your account due to billing issues or for any other reason, you will not be able to use any USIPCOM calling services for any calls, including for emergency 911 calls.

4.You May Not Be Able to Reach the Correct Emergency Services If You Have A Telephone Number That Does Not Match Your Actual Geographic Location

VoIP services are technically capable of being used in locations that are not associated with the traditional geographic area of a telephone number. These capabilities can cause 911 problems however. All 911 capabilities will only be available in the location that you have associated with the particular USIPCOM assigned direct-inward-dial (“DID”) telephone number assigned to the Customer. For Basic 911 Services or E911 to be accurately routed to the appropriate emergency call center, the Customer must provide accurate DID telephone numbers as the call-back telephone number for all 911 calls and accurate address information. Additionally, if you are using the service in a location that uses a different area code than the area code in the number you are using with your VoIP service, when you dial 911 you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, your call may not reach the emergency personnel near your actual physical location and the emergency personnel may not be able to transfer your call or respond to your emergency.

5. You May Not Be Able To Reach the Correct Emergency Service Center If You
Fail to Register A Valid Service Address

Failure to provide a correct physical address in the correct format may cause all Basic 911 Service or E911 calls to be routed to the incorrect local emergency service provider. Furthermore, use of any USIPCOM calling service from a location other than the location to which such service was ordered, i.e., the “primary registered address,” may result in Basic or Enhanced 911 calls being routed to the incorrect local emergency service provider.

6. You May Not Be Able to Reach the Correct Emergency Services If You Move Your Phone to a Location Different From the Address You Initially Registered

It is important that you register accurate location information every time you move the equipment associated with your USIPCOM calling service. If you move your USIPCOM equipment to another location without reregistering, when you dial 911, you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, if you have not provided valid location information you will not be calling the emergency personnel near your actual location and this emergency personnel may not be able to transfer your call or respond to your emergency.

7. You May Not Be Able to Reach the Correct Emergency Services If You Fail to
Accurately Register or Reregister Your New Location Or Call 911 Within 48 Hours of Updating Your Location

It is important that you register an accurate location when you initiate your service and every time you move the equipment associated with your USIPCOM VoIP calling service. When you change your location, it may take up to 48 hours for your location change to be reflected in our records. During that time, you may not be able to reach may not be able to reach the correct emergency services center or any emergency service provider by dialing 911.

8. USIPCOM VoIP Calling Services Allow One Emergency Service Address to be Associated with Each Telephone Number.

Certain USIPCOM VoIP calling services do not have a telephone number associated with them but allow for placing and receiving calls. For example, USIPCOM offers a “softphone client” service. Customers may choose to buy calling services from USIPCOM that have a telephone number but then use the softphone client to allow multiple users to place and receive calls using one telephone number. Customers must use the softphone client and the USIPCOM VoIP calling service that has a telephone number associated with it from the same location. Using a service that does not have a telephone number in a remote location will result in the wrong address information being sent in the event of placing an emergency call by dialing 911. The emergency call operator may not be able to transfer the call to appropriate emergency call operators. In the event that Customer intends to use USIPCOM VoIP calling services in multiple locations, at least one telephone number will be required for each location. You acknowledge and agree to this limitation and agree that you will obtain at least one telephone number for each location associated with the USIPCOM calling service.

USIPCOM UNDERSTANDS THAT YOU HAVE READ AND UNDERSTAND THE LIMITATIONS ASSOCIATED WITH THE 911 AND E-911 EMERGENCY SERVICES AVAILABLE THROUGH THE USIPCOMCALLING SERVICES.

Any obligations that may be imposed by federal and state law on operators of private branch exchange or multiline telephone systems are obligations imposed on you, the Customer, and not on USIPCOM.

USIPCOM’s calling services will only be used for business, non-residential purposes in an environment that requires either multiple lines or extensions and if this situation ever changes you will discontinue the use of USIPCOM’s calling services.