Broadband Telephone Service - Hosted Business VoIP Terms of Service.

BroadTone Terms Of Service

These Terms and Conditions of Service (the "Agreement") are entered into by and between the subscriber ("you," "your" or "Subscriber") and BroadTone Networks LLC ("BroadTone Networks LLC," "us" or "we"). Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this Agreement: (a) your submission of an order; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the Service (as defined herein). Initial charges, including first month service and shipping and handling charges are non-refundable immediately upon submission of an order. This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referred to in this Agreement, all of which are incorporated herein by reference. This Agreement sets forth the terms and conditions under which you agree to use the Service and covers all or BroadTone Networks LLC's plans. If you do not or are not willing to be bound in its entirety by these terms and conditions of service, do not proceed. Copyright and Licenses: The entire contents of this Agreement, the Services and BroadTone Networks LLC's Website are protected under the United States copyright laws. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement.

1. EMERGENCY SERVICES - 911 DIALING

1.1 911 Dialing.

BroadTone Networks uses the same national 911 network that all traditional telephone companies use. Be aware that (a) Service Outages Due to Customer Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. (b) Service Outages Due to Customer Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider ("ISP") Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. (c) Service Outage Due to Disconnection of Your BroadTone Networks LLC Account. Disconnection of your account will prevent all Service, including 911 Dialing, from functioning. (d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP, broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. If you suspect this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your Service is impeded, your Service, including 911 Dialing, may not function. You acknowledge that BroadTone Networks LLC is not responsible for the blocking of ports by any third party or any other impediment to your usage of the Service, and any loss of Service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement. (e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, by way of illustration but not limitation, call routers, call centers and local emergency centers.
1.2 Registration of Physical Location Required. For each phone line that you utilize with the Service, you must register the physical location where you will be using the Service with us. Your initial location will be registered as a part of subscribing to the Service. It is incumbent on you to confirm the accuracy of your physical address through your online account and update it if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location. If you do not update your location, 911 calls you make may be sent to an emergency center near your old address. You may update a location by logging on to your online account. For purposes of 911 Dialing, you may only register one location at a time for each phone line.
1.3 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should make arrangements for an alternate means of accessing traditional 911 or E911 services or disconnecting the Service. You understand that additional arrangements should be made to access emergency services. To access emergency services, you acknowledge and accept that it is your sole responsibility to purchase, with a third-party separately from BroadTone Networks LLC, traditional wireless or wireline telephone service that offers access to emergency services. You further recognize that BroadTone Networks LLC is not a replacement for your primary telephone service and you are hereby advised to maintain a traditional wireline or wire-based telephone service at all times. By agreeing to these terms of service and by your use of the Device, you acknowledge and accept that the Device may not support or provide emergency service at all times. You represent and warrant to BroadTone Networks LLC that you already have made additional arrangements with a third party to access emergency services.
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.
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 expressly disclaim any and all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither BroadTone Networks LLC nor any of its officers, directors, members 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 arise from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless BroadTone Networks LLC, its officers, directors, members, employees, affiliates and agents and any other service provider 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 Notify All Users. You should inform all household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of 911 Dialing as compared with basic 911 or E911. The documentation that accompanies each Device will include a sticker concerning the potential non-availability of basic 911 or E911 (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department.

2. SERVICE. BroadTone Networks LLC will provide you with digital phone service, subject to the terms and conditions set forth herein (the "Service"). We recommend waiting until the Service is installed and tested for a few weeks before assuming that the Service will be available and of good quality.

3. SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that BroadTone Networks LLC relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify BroadTone Networks LLC whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.

4. GENERAL PRICING AND FEES. BroadTone Networks LLC's prices are shown in the Pricing Schedule and you will be charged based on the Plan and Options you select during the ordering process. A Subscriber who selects a "Month to Month" Plan (a "Monthly Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Monthly Subscriber at the time of order. However, such monthly prices are subject at any time to increase to BroadTone Networks LLC's then current prices. A Subscriber who selects a "1 Year Contract" Plan (a "Contract Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Contract Subscriber at the time of order. Such monthly prices for Contract Subscribers are guaranteed for the initial twelve (12) month Term. Following the initial twelve (12) month Term, a Contract Subscriber will automatically become a Monthly Subscriber and will pay BroadTone Networks LLC's then current prices, subject to increase as described above, unless such Subscriber registers for a new "1 Year Contract" Plan at such time, to the extent available. A Subscriber who selects a "Prepaid" Plan (a "Prepaid Subscriber") will pay the full amount listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Prepaid Subscriber at the time of order. Following the initial prepaid Term, as defined by the Plan and Options selected, a Prepaid Subscriber will automatically become a Monthly Subscriber and will pay BroadTone Networks LLC's then current prices, subject to increase as described above, unless such Subscriber registers for a new "Prepaid" Plan at such time, to the extent available. From time to time BroadTone Networks LLC may offer promotional packages to entice new customers to join. Unless otherwise stated, these promotional packages are not valid for existing customers. In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to network usage, applicable taxes, fees and surcharges, including charges imposed against BroadTone Networks LLC by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis and may change at any time without notice; any variations will be reflected in your monthly charge. The current Regulatory Recovery Fee is ninety-nine cents ($0.99) for all clients. E911 Recovery Fee is ninety-nine cents ($0.99) for all clients in the US. BroadTone Networks collects a Federal, State and Local Services (FSLS) Recovery fee for most voice services. This fee is a percentage of billable service, and covers a variety of taxes, surcharges and fees billed by federal, regional and local agencies. The current rate is 7.3%, and is subject to change without notice. When possible, BroadTone Networks LLC will break out such charges on the monthly invoice.

4.1 Taxes and Fees on Free Services. Any plan that comes with free service will be assessed applicable taxes, surcharges, and fees periodically, based on the details of the plan selected. These fees will be calculated based on the standard price for the service. Services are subject to suspension and termination if balances are not paid in a timely manner per Section 4 of BroadTone Networks's Terms of Service.

5. PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any Services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time. All services will be charged via automatic credit card withdrawal. Unless otherwise stated in the Pricing Schedule, BroadTone Networks LLC will invoice and charge Subscribers monthly. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. All disconnected accounts and all accounts suspended for non-payment are subject to a fifteen dollar ($15.00) reconnection fee. Any requests for a change in telephone number are subject to a fifteen dollar ($15.00) change fee. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.

5.1 Long Distance. Unlike most telephone service providers, BroadTone Networks provides all local and long distance minutes within the continental US as a bundle within your package. Actual long distance minutes are measured but not charged as long as the client remains below their specific plan's usage thresholds.
5.2 Residential Freedom Plan. Only residential addresses qualify for residential pricing. If a residential line exceeds 3,000 outbound minutes per month, from your bill date, within the continental US and Canada, BroadTone Networks may notify the client and bill for excess minutes at $0.04 per minute.
5.3 Residential 500 Plan. Only residential addresses qualify for residential pricing. If a residential line exceeds 500 outbound minutes per month, from your bill date, within the continental US and Canada, BroadTone Networks may notify the client and bill for excess minutes at $0.04 per minute.
5.4 BroadTone Networks Business Plan. Business lines qualify for advanced business features such as auto attendant, music on hold, and toll free numbers. This plan is designed for a small business. Each business line is allowed 5000 outbound minutes per month, from your bill date, within the continental US and Canada. If a business line exceeds 5000 outbound minutes, BroadTone Networks may notify the business and bill for excess minutes at $0.02 per minute.
5.5 Residential and Small Biz Freedom Plan. If a Residential and Small Biz Freedom line exceeds 5,000 minutes per month, from your bill date, within the continental US and Canada, BroadTone Networks may notify the client and bill for excess minutes at $0.02 per minute.
5.6 International Calling. International calling is enabled by default. Customers may enable or disable it at anytime by logging into their My Account page. All International calls are billed at their respective international rates. Each customer account is given a credit limit for international calls. If an international calling balance exceeds the credit limit prior to their next bill date, the account will be charged the balance immediately. Failure to pay will result in suspension of service.
5.7 Directory Assistance and Operator Services. Directory Assistance is charged at $0.99 per call and $0.10 per minute after two minutes. Directory Assistance is enabled by default on all new phone lines. Operator calls are billed at $3.00 per call. Operator calling is disabled by default on all new phone lines, but may be activated using the My Account Dialing Options.
5.8 Call Forwarding. Certain features such as call forwarding may incur outgoing minutes automatically when they are enabled. All forwarded calls count against standard minute usage caps. Before activating these features, consider this usage and whether it will affect your usage thresholds.

5.9 Toll-Free Numbers. Toll Free numbers can be attached to any BroadTone Networks service plan. Toll-Free numbers cost $9.95 per month plus $0.039 per minute, billed in 1 minute increments.

Terminating Destination	Initial Billing Increment (seconds)	Additional Billing Increments (seconds)	Rate per Minute
Toll-Free (Inbound)	60	6	$0.04

5.10 Billing Increments. Current billing increments for available new plans are as follows:

Terminating Destination	Initial Billing Increment (seconds)	Additional Billing Increments (seconds)	Rate per Minute
U.S. Domestic & Canada	60	60	$0.02
Calling a Toll-Free Number	0	0	FREE
BroadTone Networks to BroadTone Networks	0	0	FREE
International (Excluding Mexico)	60	6	See International Rates
Mexico	60	60	See International Rates

5.11 Click2Call. Click2Call calls are always two physical calls, one to the source number and one to the destination number. Both of these calls are evaluated for billing and accounting purposes separately.

Source	Destination	Minute Accounting
BroadTone Networks	BroadTone Networks	No Minute Usage
BroadTone Networks	non-BroadTone Networks	Length of Call
non-BroadTone Networks	non-BroadTone Networks	Double Length of Call

6. EQUIPMENT. BroadTone Networks LLC will provide you with either a new or used ATA (Phone Adapter) or combination ATA and router. All used equipment is sold on as-is basis and you agree to hold BroadTone Networks LLC harmless for any defective equipment. Defective equipment must be returned to BroadTone Networks at BroadTone Networks's expense via provided UPS shipping label within 30 days of receiving the replacement device. Customers may opt to pay forty dollars ($40) for an overnight shipment. Subscriber must return to BroadTone Networks LLC the complete ATA or combination ATA and router in a useable condition at Subscriber's expense within thirty (30) days of termination of the Service by Subscriber or BroadTone Networks LLC. Subscriber must pay ninety-nine dollars and ninety cents ($99.90) plus applicable taxes to purchase any ATA or combination ATA and router Subscriber does not return to BroadTone Networks LLC in working condition within such thirty (30) day period. You shall not change the electronic serial number or equipment identifier of the Device or 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 all charges through the end of the current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately be 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.

6.1 Subscriber Supplied Equipment. BroadTone Networks provides the option for Subscribers to supply their own ATA (Phone Adapter). If a Subscriber supplies their own ATA, the Subscriber assumes the risk of service incompatibility. Incompatible Subscriber ATAs or other Subscriber equipment shall not relieve Subscribers from any of their obligations under this Agreement while troubleshooting defective or incompatible equipment even if Subscriber's Service is down during such periods of troubleshooting. The current list of equipment that is compatible and approved for use with BroadTone Networks service can be found at www.broadtone.net/hosted-voip/byod.html. BroadTone Networks reserves the right to add or remove equipment to this list at any time. BroadTone Networks reserves the right to alter the software on Subscriber's ATA in order to guarantee compatibility with BroadTone Networks's service. BroadTone Networks does not provide SIP credentials to any customers, including those who are supplying their own ATA.
6.2 Converting From Subscriber Supplied Equipment to BroadTone Networks Supplied Equipment. Should a Subscriber who has supplied their own hardware wish to instead utilize BroadTone Networks's leased equipment, this option is available by contacting our Support Department. Subscriber must authorize BroadTone Networks to charge their account a one-time fee for shipping and handling of this equipment, based on the current shipping rates for new customers. This hardware is provided on a free-lease basis, subject to the terms and conditions described in Section 6.0 of this Agreement.
6.3 Converting From BroadTone Networks Supplied Equipment to Subscriber Supplied Equipment. At this time, BroadTone Networks does not offer the option to change from BroadTone Networks Supplied Equipment to Subscriber Supplied Equipment.

7. TERM. This Agreement is effective upon Subscriber's acceptance as provided above and shall continue until terminated by Subscriber or BroadTone Networks LLC pursuant to this Agreement.

7.1 Monthly Subscribers. Each Monthly Subscriber is on automatically renewing monthly terms billed on the anniversary of their service commencement.
7.2 Prepay Subscribers. A Prepay Subscriber pays upfront for a specified term ("Service Term"), including initial taxes and fees. The length of the Service Term is determined by the service package selected by the Subscriber during the sign-up or renewal process. If the Service Term is longer than twelve (12) months, additional taxes and fees will be charged after the initial twelve (12) months have passed. Following the initial Service Term, a Prepay Subscriber will automatically become a Monthly Subscriber.
7.3 Contract Subscribers. A Contract Subscriber is on either a twelve (12) month term or twenty-four (24) month term ("Contract Term") beginning on the day such Subscriber accepts the terms of this Agreement as provided above. The length of the Contract Term is determined by the service package selected by the Subscriber during the sign-up or renewal process. BroadTone Networks provides a 30-day grace period during which penalties will not be assessed for terminating a new contract. Any Contract Subscriber who wishes to change or cancel their service plan during their Contract Term will be assessed a Contract Termination Fee of $99 or the remainder of your contract amount, whichever is less. Following the initial Contract Term, a Contract Subscriber will automatically become a Monthly Subscriber.

8. TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing BroadTone Networks LLC with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Initial charges, including first month service and shipping and handling charges are non-refundable immediately upon submission of an order. Such thirty (30) day period begins on the date on which BroadTone Networks LLC receives Subscriber's valid written termination request. A Monthly Subscriber's termination will be effective on the later of (a) the end of last day of the calendar month during which such thirty (30) day period ends (e.g., a valid written termination request received by BroadTone Networks LLC any time during January will result in termination effective at the end of February) or (b) the end of last day of the calendar month requested by the Monthly Subscriber. A Contract Subscriber's termination, if received by BroadTone Networks LLC at least thirty (30) days prior to the end of their Contract Term, will be effective at the end of such Contract Term, unless such Contract Subscriber requests an earlier date. Notwithstanding the foregoing provisions of this section 8, if BroadTone Networks LLC receives a written termination request from a Subscriber, BroadTone Networks LLC may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 8. If this Agreement is terminated prior to the end of a Contract Subscriber's Contract Term, such Contract Subscriber must pay, in addition to all fees and other charges accrued or otherwise payable under the terms of this Agreement, an early termination fee in the amount of ninety-nine dollars($99.00) ("Early Termination Fee") or the remainder of the contract amount, whichever is less. In the event a Contract Subscriber terminates this Agreement prior to the end of their Contract Term because of a service-related problem not caused by the Subscriber that BroadTone Networks LLC has failed to cure after what BroadTone Networks LLC determines in its sole discretion to be a reasonable amount of time based on the circumstances, the Subscriber is entitled to a waiver of the Early Termination Fee. For such waiver to apply, the reason for the waiver stated above must have occurred before termination and the Subscriber must report such reason for termination to BroadTone Networks LLC in the Subscriber's valid written termination request. BroadTone Networks LLC must in turn be given the opportunity to resolve the problem and the Subscriber must be willing and able to troubleshoot with BroadTone Networks LLC. BroadTone Networks LLC does not monitor Subscriber accounts for activity, and absence of activity or cancellation of a Subscriber's Internet service will never constitute a termination request. A written termination request is valid only if it includes your VOIP phone number, main username, date you wish the service to be cancelled and is submitted using one of the following approved methods:

Navigating to http://www.broadtone.net/account/cancel.html and submitting the form as directed.
Via fax to: (212) 937-8835
Via mail to: BroadTone Networks LLC
Attn: Cancellation Department
BroadTone Networks LLC
14 Penn Plaza, Suite 1413
New York, NY 10123

9. TERMINATION BY BroadTone Networks LLC. If, in BroadTone Networks LLC's sole and absolute discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, BroadTone Networks LLC's servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with BroadTone Networks LLC's technical support staff, customer service staff or any other BroadTone Networks LLC employees or representatives; (d) BroadTone Networks LLC receives an order from a court of competent jurisdiction to terminate a Subscriber's Service; or (e) BroadTone Networks LLC for any reason ceases to offer the Service, then BroadTone Networks LLC at its sole election may terminate or suspend such Subscriber's Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, including without limitation the equipment charges set forth herein, if applicable.

10. TERMINATED SUBSCRIBER. BroadTone Networks LLC, in its sole and absolute discretion may refuse to accept a Subscriber's application for renewal or re-subscription following a termination or suspension of such Subscriber's use of the Service. If a Subscriber's Service is terminated for any reason, such Subscriber, upon approval by BroadTone Networks LLC, may enter into a new Agreement and must pay a new setup or activation fee as provided above. Upon the termination of a Subscriber's use of the Service, BroadTone Networks LLC has the right to immediately delete all data, files and other information stored in or for the Subscriber's account without further notice to the Subscriber.

11. TECHNICAL SUPPORT. BroadTone Networks LLC assumes that all Subscribers possess a basic understanding of their computers and their limitations. BroadTone Networks LLC will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must have an active working connection to the internet before any technical support will be dispensed. If you are having problems connecting to the internet, you will need to contact your Internet Service Provider for assistance getting connected first. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party Software. The scope of support is limited to a standard telephone connected directly to our device. BroadTone Networks LLC is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the Subscriber's responsibility to initiate and be available for technical support during BroadTone Networks LLC's hours of operation. If a Subscriber wishes to utilize BroadTone Networks LLC's technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. BroadTone Networks LLC does not provide on-site technical support.

12. WARRANTIES AND LIMITATIONS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY PHONE POWER LLC (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). PHONE POWER LLC (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY PHONE POWER LLC OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF PHONE POWER LLC TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

PHONE POWER LLC DOES NOT WARRANT OR GUARANTEE THAT VOIP SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF PHONE POWER LLC HAS ACCEPTED YOUR ORDER FOR VOIP SERVICE. THE PROVISIONING OF VOIP SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR PHONE POWER LLC SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).

PHONE POWER LLC DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY PHONE POWER LLC WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE. PHONE POWER LLC SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. PHONE POWER LLC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL PHONE POWER LLC (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF PHONE POWER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO PHONE POWER LLC'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH PHONE POWER LLC (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), PHONE POWER LLC'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

PHONE POWER LLC RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS PHONE POWER LLC (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING PHONE POWER LLC (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF PHONE POWER LLC (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless BroadTone Networks LLC and its officers, directors, members and employees from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet.

14. REVISIONS. BroadTone Networks LLC may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.broadtone.net/legal/voip-tos.html. You agree to visit this page and the links therein periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.

15. ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. BroadTone Networks LLC may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

16. CHOICE OF LAW. You and BroadTone Networks LLC agree that the substantive laws of the State of New York, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND PHONE POWER LLC CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including New York laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

17. COMPLIANCE. BroadTone Networks LLC's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

18. THINGS BEYOND PHONE POWER LLC'S CONTROL. BroadTone Networks LLC will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

19. ENTIRE AGREEMENT. This Agreement, including all policies posted on BroadTone Networks LLC's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and BroadTone Networks LLC with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

20. NOTICE. Notices by BroadTone Networks LLC to you shall be deemed given: (a) when sent to your primary contact email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.

21. ACCEPTABLE USE. Subscriber agrees to use the VOIP Service in accordance with BroadTone Networks LLC's acceptable use policy ("Acceptable Use Policy"), published at http://www.broadtone.net/legal/voip-aup.html. BroadTone Networks LLC reserves the right to make changes to the Acceptable Use Policy without notice.

22. PRIVACY POLICY. BroadTone Networks will treat each Subscriber's personal information in accordance with BroadTone Networks LLC's privacy policy ("Privacy Policy") published at http://www.broadtone.net/legal/privacy.html. Subscriber agrees to the terms of the Privacy Policy. BroadTone Networks LLC reserves the right to make changes to the Privacy Policy without notice.

23. SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.

24. PHONE NUMBER CHANGES. Phone number changes will incur a one-time fifteen dollar ($15) processing fee.

25. TRANSFERRING NUMBERS. BroadTone Networks gives customers the option of transferring telephone numbers to or from our service. If transferring a number away from BroadTone Networks, it is the customer's responsibility to cancel their service after the number has successfully transferred. Disconnected telephone numbers are not eligible for transfer to or from our service. Cancelling an order to transfer a telephone number to BroadTone Networks will require a $100 expedite fee to cancel.

26. SATISFACTION GUARANTEE. BroadTone Networks proudly stands behind our service with our 30 day satisfaction guarantee. Within the first 30 days of your activation you may upgrade or downgrade to any of our current promotional rates or cancel your plan with absolutely no hassle. If cancelling, all we ask is that you return our hardware and pay the initial month of service at the standard monthly rate for your plan. Shipping, handling and activation fees, if any, are non refundable.

27. CALLER ID SERVICE. BroadTone Networks sends current Caller ID information with every call placed. For residential customers, Caller ID information is "Last Name, First Name", with a maximum of 15 characters. For business customers, Caller ID information is the business name, with a maximum of 15 characters. Caller ID information is not customizable. BroadTone Networks has no control over the information that any terminating telephone company chooses to display. All telephone carriers update their Caller ID information periodically, but many companies do not update as often as BroadTone Networks sends updated data. If a disparity is found between the information that BroadTone Networks is sending and the information that a terminating telephone company is displaying, it is the Subscriber's responsibility to contact the terminating telephone company and request that they display the correct data. BroadTone Networks is not responsible for errors involving spelling, punctuation, or capitalization of Caller ID information.

28. EXPEDITE FEE. Any modifications made to an order prior to the port date will incur an expedite fee of $100.