Voice Service Agreement
SERVICE AGREEMENT
1. INTRODUCTION. This agreement ("Agreement") is between RFCnet, Inc. ("RFCNET"), an Illinois Corporation, and a user who pays a monthly service fee to subscribe to the services ("Customer"). Any RFCNET services or products ("Services") provided by RFCNET to customer shall be governed by the terms and conditions herein. By purchasing the Services, CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between Customer and RFCNET by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY DISCONNECTION FEE; and (3) LIMITING RFCNET's LIABILITY UNDER THE AGREEMENT. Customer acknowledges that they are duly authorized and of legal age to enter into this Agreement. If Customer does not agree with the Service Agreement, including any future revisions, Customer may not use the Services and if Customer is a current subscriber, Customer must terminate its use of the Services under Section 23.
2. SUBSCRIPTION REQUIREMENTS. Customers must be a legal business entity or at least 18 years old. Additionally, Customer must obtain an approved credit application or possess a valid credit card. RFCNET reserves the right to decline to provide Services to any Customer for any reason. Customer must give permission to RFCNET to check Customer's credit and shall provide references upon request. Current prices for RFCNET's Services are posted throughout our website at www.rfcnet.com. These rates may also be obtained by calling (866) RFC-NET9. RFCNET reserves the right to change prices and institute new fees at any time.
3. PAYMENT OBLIGATIONS AND BILLING
3.1. Customers must (i) provide RFCNET with accurate and complete credit application, including legal name, address, telephone number, and credit card/billing information, and (ii) report to RFCNET all changes to this information within thirty (30) days of the change. Customers are responsible for any charges to their account.
3.2. Customers having questions regarding charges to an account, should contact RFCNET's Customer Service Department at (866) RFC-NET9. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
3.3. Charges are billed according to the terms of an approved credit application, or to Customer's credit cards or debit cards, as applicable, each billing period for the basic service and any additional usage or services. RFCNET is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by RFCNET.
3.4. If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan. Prepaid services will be billed on the appropriate service period anniversary, whether that be 3 months, 6 months, or other as set forth in customer's service order. All pre-paid fees are considered fully earned and are non-refundable.
3.5. If you purchase Services through a reseller who in turns pays RFCNET, the reseller must pay all amounts owing for your account. If the reseller fails to pay RFCNET any amounts due-whether or not you have paid the reseller-your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
3.6. Delinquent accounts may be suspended or canceled at RFCNET's sole discretion; however, charges will continue to accrue until the account is canceled. Accounts in excess of thirty (30) days overdue will accrue interest charges at the lesser of 1.5% per month or the highest rate permitted by law. RFCNET will bill an additional charge of $250.00 to reinstate a suspended account and require the prepayment of six (6) months service.
3.7.If Customer defaults, refuses to pay, or allows account to fall into arrears, Customer agrees to pay RFCNET its reasonable expenses, including court costs, attorney's fees, and collection fees, incurred in enforcing its rights under these Terms and Conditions.
3.8. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by Customer and will be added to any amounts otherwise charged to Customer unless Customer provides RFCNET with an appropriate exemption certificate. If any amounts paid for the Services are refunded by RFCNET, applicable taxes may not be refundable.
3.9. A Regulatory Recovery Fee will be charged monthly to offset costs incurred by RFCNET in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers.
3.10. RFCNET may change the prices or rates for the Services and toll charges from time to time. RFCNET may change prices, plans, taxes or fees without any advance notice. For Customers on one, two or three year plans, rates will not be increased during the plan term, with the exception of tax or fee changes and international toll calling rates. In the event of a change in prices or toll charges, RFCNET will post such changed rates to the web site currently located at http://www.RFCNET.com. International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates.
3.11. Customer acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption of the Services shall not be provided.
3.12. From time to time in its sole discretion, RFCNET may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by Customer upon purchase of the Services. Customer shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY. Upon registration, Customers receive a username, password, and account designation. The Customer, including all employees of your company, (or you and members of your household if you have purchased a residential account) are the only authorized users of your RFCNET account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify RFCNET immediately upon discovering any unauthorized use of your account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Customer's allotted email space may, at RFCNET's discretion, be transferred to a compressed temporary file or storage. RFCNET may delete the temporary file from the server 30 days after notifying you. You may establish a commercial or high-volume account by contacting RFCNET. Usernames, passwords and email addresses are RFCNET's property and RFCNET may alter or replace them at any time.
5. TOLL CHARGES. Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN"), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States and Canada to a non-RFCNET telephone number will be charged at the current rates published on the RFCNET web site. The duration of each call is to be calculated in one minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When Customer dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by a Customer to an International mobile, rather than landline, or premium rate telephone number, may result in higher toll charges.
6. TELEPHONE NUMBER. Any telephone number provided by RFCNET ("Number") to the Customer shall be leased and not sold. Customer is not to use the Number with any other device other than the Equipment without the express written permission of RFCNET. RFCNET reserves the right to change, cancel or move the Number at its sole discretion. Any telephone number ported-in on customer’s behalf is always eligible to be ported-out by customer.
7. MONITORING THE SERVICES. RFCNET has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if RFCNET, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Customers. Please see our Privacy Policy. RFCNET may immediately remove your material or information from RFCNET's servers, in whole or in part, which RFCNET, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
8. USE, STORAGE AND OTHER LIMITATIONS. RFCNET reserves the right to establish or modify general practices and limits concerning use of the Services and software, including without limitation, the maximum number of days that content will be retained by the Service, the maximum disk space and/or bandwidth capacity that will be allotted on servers owned and/or operated by RFCNET on Customer's behalf, if any. Where practical, RFCNET will provide the Customer with prior notice of such new or modified practices; provided however, that RFCNET shall have the absolute right to implement such new or modified practices without prior notice in its sole discretion and without liability or any kind.
9. ELECTRONIC RECORDING. Customer acknowledges and understands that there are federal and state statutes governing the electronic recording of telephone conversations and that RFCNET will not be liable for any illegal use of the service. Because Customer circumstances vary widely, Customers should carefully review their own circumstances when deciding whether to use the recording features of the service and it is the Customer's responsibility to determine if the electronic recordings are legal under the federal and state statutes. RFCNET is not responsible for any misinterpretation, lack of understanding or lack of knowledge regarding the use of electronic recordings or the use of its products by the Customer whether legal or illegal. For more information on electronic recording policy please consult your local or state authorities.
10. PRIVACY. RFCNET utilizes the public Internet and third party networks to provide fax, voice and video communication services. Accordingly, RFCNET cannot guarantee the security of fax, voice and video communications of Customer. RFCNET is committed to respecting the Customer's privacy. Once Customer chooses to provide personally identifiable information, it will only be used in the context of the Customer's relationship with RFCNET. RFCNET will not sell, rent, or lease Customers' personally identifiable information to others. Unless required by law or subpoena or if Customer's prior permission is obtained, RFCNET will only share the personal data Customer provides with other RFCNET entities and/or business partners that are acting on RFCNET's behalf to complete the activities described herein. Such RFCNET entities and/or national or international business partners are governed by RFCNET's privacy policies with respect to the use of this data. RFCNET is required to file numerous reports with different administrative bodies. As such, RFCNET may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, RFCNET reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either RFCNET or any company affiliated with RFCNET. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, RFCNET may disclose personally identifiable information.
11. 911 & SERVICE LIMITATIONS. The Federal Communications Commission (FCC) requires that RFCNET provide E911 Service to all Customers who use RFCNET services within the United States. Sections 11.1-11.7 apply to all Customers who use RFCNET services within the United States.
11.1. 911 ACKNOWLEDGEMENT AND WARNING LABELS. CUSTOMER ACKNOWLEDGES THAT RFCNET'S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION 11 AND CUSTOMER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING CUSTOMER'S SERVICES, OF THE 911 LIMITATIONS DESCRIBED HEREIN. RFCNET WILL PROVIDE CUSTOMER WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING. CUSTOMER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. IF ADDITIONAL LABELS ARE REQUIRED, CUSTOMER MAY REQUEST THEM FROM RFCNET. RFCNET WILL PROVIDE CUSTOMER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM CUSTOMER. CUSTOMER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT RFCNET HAS ADVISED CUSTOMER OF THE CIRCUMSTANCES UNDER WHICH RFCNET E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. RFCNET ADVISES CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
11.2. ELECTRICAL POWER. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.
11.3. INTERNET ACCESS. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF CUSTOMER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
11.4. NON-VOICE SYSTEMS. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, MODEMS, CERTAIN FACSIMILE EQUIPMENT AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS. CUSTOMER HAS NO CLAIM AGAINST RFCNET FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
11.5. RFCNET E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND TRADITIONAL FAX AND VOICE SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, TOLLFREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. E911 SERVICE IS ONLY AVAILABLE IN SELECTED AREAS. CUSTOMERS WHO SUBSCRIBE TO RFCNET E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT (PHONE, SOFTPHONE, DTA OR VIDEOPHONE) WITH RFCNET, EITHER ON THE RFCNET.COM WEBSITE OR BY CALLING CUSTOMER SERVICE, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE CHANGES. CUSTOMERS WHO SUBSCRIBE TO RFCNET MOBILE APPLICATIONS ACKNOWLEDGE THE PHYSICAL LOCATION REGISTERED FOR THEIR EQUIPMENT (PHONE, SOFTPHONE, DTA OR VIDEOPHONE) WILL BE THE PHYSICAL LOCATION REGISTERED FOR THE MOBILE APPLICATION ASSOCIATED TO THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT RFCNET'S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY RFCNET WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED TO RFCNET BY CUSTOMER. IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT BEEN UPDATED OR IS NOT COMPLETE, RFCNET MAY ATTEMPT TO ROUTE A 911 CALL BASED UPON THE BILL-TO OR SHIP-TO ADDRESSES ASSOCIATED WITH THE CUSTOMER'S ACCOUNT OR INITIAL ORDER.
11.6. CUSTOMER ALSO ACKNOWLEDGES THAT RFCNET E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE RFCNET E911 SERVICES UNSUITABLE FOR SOME CUSTOMERS. BECAUSE CUSTOMER CIRCUMSTANCES VARY WIDELY, CUSTOMERS SHOULD CAREFULLY EVALUATE THEIR OWN CIRCUMSTANCES WHEN DECIDING WHETHER TO RELY SOLELY UPON RFCNET E911 SERVICE. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER'S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET CUSTOMER'S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS). THE FOLLOWING CHARACTERISTICS DISTINGUISH RFCNET E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE: ** RFCNET E911 SERVICE WILL NOT FUNCTION IF CUSTOMER'S DTA, PHONE OR VIDEOPHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF CUSTOMER'S RFCNET SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, CUSTOMER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFOREBEING ABLE TO USE THE RFCNET SERVICE, INCLUDING FOR E911 PURPOSES. ** AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER'S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO OUR NOMADIC E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN THIS SCHEDULE. ** THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING RFCNET E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE RFCNET E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE RFCNET NETWORK, THERE IS A POSSIBILITY THAT A RFCNET 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORKS. ** IF CUSTOMER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE RFCNET EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, RFCNET E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR. BEST EFFORT TO DIRECT ALL INCORRECTLY IDENTIFIED E911 COMMUNICATIONS MAY NECESSITATE REDIRECTION TO A LIVE OPERATOR AT THE NATIONAL OPERATIONS CENTER, A $100.00 FEE WILL APPLY TO EACH OF THESE CALLS.
11.7. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT RFCNET WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING RFCNET OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RFCNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
12. SOFTWARE AND HARDWARE.
12.1.RFCNET grants to each Customer a limited, nonexclusive, nontransferable and non-assignable license to install and use the RFCNET access software (including software from third-party vendors that RFCNET distributes, pursuant to third party license agreements), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Customer agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. RFCNET may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to Customer. The Licensed Programs constitute confidential and proprietary information of RFCNET and RFCNET's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with RFCNET and RFCNET's licensors or third parties. Customer shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof. You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
12.2.Customer Premises Equipment ("CPE") shall mean equipment that is owned by RFCNET but is located on the Customer premises. RFCNET is responsible for the maintenance of this equipment unless otherwise expressly provided under this agreement. RFCNET shall maintain each item of CPE in good condition, except for normal wear and tear. Customer is responsible for ensuring that CPE is kept in a place on Customer's premises that remains clear of obstructions, hazardous materials, or items, which could reasonably be foreseen to damage or affect the performance of the CPE. Customer shall promptly return all CPE to RFCNET and/or promptly provide RFCNET with reasonable access to Customer's facilities in order to recover the CPE, upon termination of this Agreement. RFCNET shall retain title to CPE. Customer, at its expense, shall protect RFCNET's title and keep the CPE free from all claims, liens, encumbrances and legal processes and Customer shall notify RFCNET of any claims, liens, encumbrances or legal processes with respect to the CPE. The CPE is personal property and is not to be regarded as part of the real estate on which it may be situated. RFCNET shall have the right to inspect the CPE at the premises where the CPE is located. Customer shall not make any addition, alteration, or attachment to the CPE without RFCNET's prior written consent. Customer shall make no repair, addition, alteration or attachment to the CPE that interferes with the normal operation or maintenance thereof, or might result in the creation of a mechanic's lien. Customer failure to promptly return CPE and/or provide RFCNET with adequate recovery opportunity, will result in Customer being charged for full value of unrecovered CPE. All such charges are due and payable upon issuance, credit can be issued if CPE is ultimately recovered at a later date. All CPE that is necessary to be advanced replaced will be billed at full retail value. Credit for such replacements will be issued once Customer has returned such equipment in satisfactory condion. Customer is responsible for all shipping charges to return such equipment.
12.3. Except as otherwise set forth in this Agreement, a refundable security deposit ("Security Deposit") shall be set forth on the applicable Service Order. Security Deposit shall mean an amount paid by the Customer and maintained on deposit with RFCNET for the duration of the term of this Agreement. RFCNET shall refund the Security Deposit upon the return of all CPE by Customer at the termination of this Agreement. RFCNET reserves the right to adjust the amount of Security Deposit to be refunded to Customer, or forfeit the Deposit in-lieu or payment option, as deemed reasonable by RFCNET, based on the condition of CPE at return. Applicable handling and additional charges may apply.
12.4. RFCNET shall not be responsible for the installation, operation, or maintenance of equipment (including without limitation, cabling) not provided by RFCNET as CPE (collectively, "non-RFCNET equipment or software"). Impairment of Customer's use of the Services due to non-RFCNET equipment or software shall not relieve Customer of its payment obligation hereunder. RFCNET shall not be responsible for any changes in the Services which may cause non- RFCNET equipment or software to become obsolete, to require modification or alteration, or otherwise affect performance of equipment or software. RFCNET reserves the right to allow or refuse the make, model and/or software revision of a Customer-provided router or similar equipment to be used as a gateway to the Services, and Customer shall cooperate with RFCNET in setting up the initial configuration for the Customer-provided router's interface with the Services.
12.5. LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT. Customer shall not modify the Equipment in any way without the express written permission of RFCNET. Customer shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, Customer is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. Customer shall immediately notify RFCNET of any lost or stolen Equipment and shall cooperate with RFCNET in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At RFCNET's sole option, failure to report lost or stolen equipment in a timely manner will cause Customer to be responsible for all service fees accrued until the time that RFCNET is informed of the loss or theft and can effect a termination of the Services.
12.6. RETURNS AND ADJUSTMENTS. No Equipment may be returned by Customer for any reason without prior approval of RFCNET. All returns shall bein original packaging or equivalent. Customer shall be responsible for all costs related to shipping to RFCNET any Equipment that is being returned. Any Equipment returned to RFCNET without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation Customer must immediately obtain a return material authorization number from RFCNET, return to RFCNET any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to RFCNET an amount equal to the fair retail price of the equipment minus any payments Customer had previously paid specifically for said Equipment.
13. INSTALLATION.
13.1. Customer shall make all necessary preparations required to permit installation, maintenance and operation of the Services and will provide RFCNET, and its suppliers of communication services and equipment, reasonable access to Customer's premises, including free access to all leased telephone lines and roof top, to perform any activities reasonably required under this Agreement. Customer shall have all non-RFCNET equipment or software available and operable for use with Services or CPE.
13.2. Additional Fees may be incurred. In the event that special construction, facilities, or additional equipment is required, additional labor will be billed at $100.00/hr. Any additional charges will require customer written or verbal consent prior to installation.
14. PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of RFCNET or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of RFCNET. Customer understands that neither RFCNET nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. Customer agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements or laws on obtaining 3rd party consent for call recording), infringe the rights of others, or interfere with the users, services, or equipment of the network. Customer agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of RFCNET. RFCNET's Service Plans for business Customers that offer unlimited minutes of PSTN calls ("Unlimited PSTN Plans") or unlimited faxing are for reasonable business use of Customer only. Such use shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing (including without limitation charitable or political solicitation or polling), call center operations, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process or any other activity that would be inconsistent with reasonable business usage. Customer shall not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customers further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Any use found to be inconsistent with this restriction will result in termination of the Service. RFCNET reserves the right to immediately terminate or modify the Services of any Customer using Unlimited PSTN or fax Plans if RFCNET determines, in its sole discretion, that Customer is not using the Unlimited PSTN or fax Plans for Customer's reasonable business use.
15. REASONABLE USE. Unusually high usage of the Service attributable to individual Accounts may impair RFCNET’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, for all Service Plans, reasonable use means that your use of the Service does not materially impair RFCNET’s ability to provide the Service to other users. On Unlimited use plans there is an expected maximum usage of no more than 5000 minutes per device per month. All unlimited use plans apply only to calls made within the continental United States. Calls to Alaska, Hawaii and all international calls are subject to additional charges.
16. INDEMNIFICATION. Customer agrees to defend, indemnify and hold RFCNET, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.
17. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RFCNET OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF RFCNET OR ITS VENDORS OR OTHERWISE.
18. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY. RFCNET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER RFCNET NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO RFCNET'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF RFCNET'S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST RFCNET MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND RFCNET HAS NO LIABILITY THEREAFTER. RFCNET'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. RFCNET MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, LIGHTNING, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN RFCNET. IN NO EVENT SHALL RFCNET'S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER TO RFCNET IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
19. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. RFCNET reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, RFCNET will post to the Web Site currently located at http://www.RFCNET.com. Customer may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. The Plan change will take effect in the first month after the Plan is changed. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
20. NOTICE. RFCNET communicates with Customers primarily via email and posting to the Web Site. Notices to Customer shall be sent to the email address specified by Customer at the time of registration for the Services or as subsequently specified by Customer ("Email Address"). Customer is responsible for notifying RFCNET of any Email Address changes. Customer agrees that sending a message to the Email Address or posting changes to the Web Site are the agreed upon means of providing notification. Email and the Web Site are used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that Customer read any email sent to the Email Address in a timely manner and check posting on the Web Site on a regular basis in order to avoid any potential interruption in the Services provided hereunder. Once notice has been given, if Customer does not send RFCNET notification of their desire to terminate this agreement or uses the Service after the Change Date, Customer is deemed to have accepted and consented to the change of terms and conditions of the Service. If Customer does not consent to the change of service and terminates this agreement, Customer will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. Customer may request a Plan change at any time, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of Equipment, an equipment charge will apply.
21. TECHNICAL SUPPORT. RFCNET provides technical support to Customers via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.
22. TERM OF AGREEMENT. The term of this Agreement ("Term") begins on the date that Customer purchases Services and continues for the duration of the service period as defined by the service plan that is selected by Customer ("Plan"). At the end of the Term this agreement will automatically renew for like term if notcancelled by Customer in writing thirty (30) days prior to end of agreement. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Customer, to terminate your account.
23. TERMINATION. You may terminate your account at any time and for any reason by providing notice of intent to terminate to RFCNET in writing by registered or certified mail, return receipt requested addressed to RFCNET , PO Box 2256 Naperville, IL 60567. Charges to your account will stop accruing 30 days from the day RFCNET provides you with a cancellation confirmation number. If you terminate your account prior to completion of this agreement a cancellation fee pursuant to terms set forth in the Service Order will be charged and all CPE must be returned to RFCNET at Customer expense. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on RFCNET's servers or email, anything stored on this space will be deleted upon termination. Without prior notice, RFCNET may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if RFCNET, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. RFCNET may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services.
24. BREACH. In the event of Customer's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, Customer shall reimburse RFCNET for all attorney, court, collection and other costs incurred by RFCNET in the enforcement of RFCNET's rights hereunder and RFCNET may keep any deposits or other payments made by Customer.
25. EXPORT COMPLIANCE. Customer agrees to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Services. Customer agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.
26. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, Customer shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to Customer by RFCNET or its vendors.
27. SURVIVAL. The provisions of section 3, 11, 16, 17, 18, 20, 21, 23, 24, 26, 27, 28 and 29 shall survive any termination of the Agreement.
28. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). RFCNET shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, lightning, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of RFCNET as may occur in spite of RFCNET's best efforts.
29. GOVERNING LAW / RESOLUTION OF DISPUTES.
29.1. Mandatory Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, Customer AND RFCNET WILL ARBITRATE ANY DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO Customer, INCLUDING ANY BILLING DISPUTES ("CLAIM"). CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). This agreement to arbitrate also requires Customer to arbitrate claims against other parties relating to Services or Products provided or billed to Customer if Claims are asserted against RFCNET in the same proceeding. ARBITRATION WILL BE CONDUCTED UNDER THE AAA'S PUBLISHED COMMERCIAL ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. Customer will pay the published share of the arbitrator's fees and administrative expenses ("Fees and Expenses") except that: (a) for Claims less than $20, RFCNET will pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, Customer will pay only $20 in Fees and Expenses, or any lesser amount as provided under AAA's Supplemental Procedures for Consumer-Related Disputes. Customer and RFCNET agree to bear their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. The AAA Supplemental Procedures for Consumer-Related Disputes provide that unless a hearing is requested, disputes will be resolved based on written submissions and no personal appearance is required. If Customer requests an arbitration hearing, that hearing will take place either telephonically or in Wheaton, Illinois. As a limited exception to the agreement to arbitrate, Customer and RFCNET agree that: (a) Customer may file Claims in small claims court in DuPage County (Wheaton), Illinois, if the Claims qualify for hearing by such court; (b) if Customer fails to timely pay amounts due, RFCNET may assign the account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; and (c) any Claim filed as a class action is not subject to arbitration but instead must be filed in the Illinois Superior Court, County of DuPage (Wheaton) or in the United States District Court for the Northern District of Illinois.
29.2. Prefiling Notice of Claim. BEFORE INSTITUTING ARBITRATION OR SUIT, CUSTOMER AGREES TO PROVIDE RFCNET WITH AN OPPORTUNITY TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO RFCNET. IF RFCNET IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF RECEIPT OF NOTICE, THEN CUSTOMER OR RFCNET MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 29.1. All claim notices should be sent to: Director of Customer Service RFCNET, Inc. PO BOX 2256, Naperville, IL 60567 - or- support@RFCNET.com
29.3. Governing Law. The Agreement and the relationship between Customer and RFCNET shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 29.1, Customer and RFCNET agree to submit to the personal and exclusive jurisdiction of the courts within the state of Illinois, to the extent possible in DuPage County, and waive any objection as to venue or inconvenient forum. The failure of RFCNET to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. ENTIRE AGREEMENT. The terms and conditions of this Agreement, the Acceptable Use Policy, the Privacy Policy, along with the other policies and rates posted to the web site currently located at http://www.RFCNET.com, constitute the entire agreement with regard to this sale and use of the services and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of RFCNET and Customer.
31. TRANSFER AND ASSIGNMENT. This Agreement shall be binding on the parties hereto and their respective successors and assigns. Neither party may assign or transfer this Agreement, or any part thereof, without prior written consent of the other, which consent shall not be unreasonably withheld, except that RFCNET may assign its rights and obligation under this Agreement without approval of Customer to an entity that acquires all or substantially all of the assets of RFCNET or to any subsidiary or affiliate or successor in a merger or acquisition of RFCNET; provided that in no event shall such assignment relieve RFCNET of its obligation under this Agreement.
Rev. 1.09 August 2012
1. INTRODUCTION. This agreement ("Agreement") is between RFCnet, Inc. ("RFCNET"), an Illinois Corporation, and a user who pays a monthly service fee to subscribe to the services ("Customer"). Any RFCNET services or products ("Services") provided by RFCNET to customer shall be governed by the terms and conditions herein. By purchasing the Services, CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between Customer and RFCNET by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY DISCONNECTION FEE; and (3) LIMITING RFCNET's LIABILITY UNDER THE AGREEMENT. Customer acknowledges that they are duly authorized and of legal age to enter into this Agreement. If Customer does not agree with the Service Agreement, including any future revisions, Customer may not use the Services and if Customer is a current subscriber, Customer must terminate its use of the Services under Section 23.
2. SUBSCRIPTION REQUIREMENTS. Customers must be a legal business entity or at least 18 years old. Additionally, Customer must obtain an approved credit application or possess a valid credit card. RFCNET reserves the right to decline to provide Services to any Customer for any reason. Customer must give permission to RFCNET to check Customer's credit and shall provide references upon request. Current prices for RFCNET's Services are posted throughout our website at www.rfcnet.com. These rates may also be obtained by calling (866) RFC-NET9. RFCNET reserves the right to change prices and institute new fees at any time.
3. PAYMENT OBLIGATIONS AND BILLING
3.1. Customers must (i) provide RFCNET with accurate and complete credit application, including legal name, address, telephone number, and credit card/billing information, and (ii) report to RFCNET all changes to this information within thirty (30) days of the change. Customers are responsible for any charges to their account.
3.2. Customers having questions regarding charges to an account, should contact RFCNET's Customer Service Department at (866) RFC-NET9. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
3.3. Charges are billed according to the terms of an approved credit application, or to Customer's credit cards or debit cards, as applicable, each billing period for the basic service and any additional usage or services. RFCNET is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by RFCNET.
3.4. If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan. Prepaid services will be billed on the appropriate service period anniversary, whether that be 3 months, 6 months, or other as set forth in customer's service order. All pre-paid fees are considered fully earned and are non-refundable.
3.5. If you purchase Services through a reseller who in turns pays RFCNET, the reseller must pay all amounts owing for your account. If the reseller fails to pay RFCNET any amounts due-whether or not you have paid the reseller-your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
3.6. Delinquent accounts may be suspended or canceled at RFCNET's sole discretion; however, charges will continue to accrue until the account is canceled. Accounts in excess of thirty (30) days overdue will accrue interest charges at the lesser of 1.5% per month or the highest rate permitted by law. RFCNET will bill an additional charge of $250.00 to reinstate a suspended account and require the prepayment of six (6) months service.
3.7.If Customer defaults, refuses to pay, or allows account to fall into arrears, Customer agrees to pay RFCNET its reasonable expenses, including court costs, attorney's fees, and collection fees, incurred in enforcing its rights under these Terms and Conditions.
3.8. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by Customer and will be added to any amounts otherwise charged to Customer unless Customer provides RFCNET with an appropriate exemption certificate. If any amounts paid for the Services are refunded by RFCNET, applicable taxes may not be refundable.
3.9. A Regulatory Recovery Fee will be charged monthly to offset costs incurred by RFCNET in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers.
3.10. RFCNET may change the prices or rates for the Services and toll charges from time to time. RFCNET may change prices, plans, taxes or fees without any advance notice. For Customers on one, two or three year plans, rates will not be increased during the plan term, with the exception of tax or fee changes and international toll calling rates. In the event of a change in prices or toll charges, RFCNET will post such changed rates to the web site currently located at http://www.RFCNET.com. International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates.
3.11. Customer acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption of the Services shall not be provided.
3.12. From time to time in its sole discretion, RFCNET may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by Customer upon purchase of the Services. Customer shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY. Upon registration, Customers receive a username, password, and account designation. The Customer, including all employees of your company, (or you and members of your household if you have purchased a residential account) are the only authorized users of your RFCNET account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify RFCNET immediately upon discovering any unauthorized use of your account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Customer's allotted email space may, at RFCNET's discretion, be transferred to a compressed temporary file or storage. RFCNET may delete the temporary file from the server 30 days after notifying you. You may establish a commercial or high-volume account by contacting RFCNET. Usernames, passwords and email addresses are RFCNET's property and RFCNET may alter or replace them at any time.
5. TOLL CHARGES. Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN"), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States and Canada to a non-RFCNET telephone number will be charged at the current rates published on the RFCNET web site. The duration of each call is to be calculated in one minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When Customer dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by a Customer to an International mobile, rather than landline, or premium rate telephone number, may result in higher toll charges.
6. TELEPHONE NUMBER. Any telephone number provided by RFCNET ("Number") to the Customer shall be leased and not sold. Customer is not to use the Number with any other device other than the Equipment without the express written permission of RFCNET. RFCNET reserves the right to change, cancel or move the Number at its sole discretion. Any telephone number ported-in on customer’s behalf is always eligible to be ported-out by customer.
7. MONITORING THE SERVICES. RFCNET has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if RFCNET, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Customers. Please see our Privacy Policy. RFCNET may immediately remove your material or information from RFCNET's servers, in whole or in part, which RFCNET, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
8. USE, STORAGE AND OTHER LIMITATIONS. RFCNET reserves the right to establish or modify general practices and limits concerning use of the Services and software, including without limitation, the maximum number of days that content will be retained by the Service, the maximum disk space and/or bandwidth capacity that will be allotted on servers owned and/or operated by RFCNET on Customer's behalf, if any. Where practical, RFCNET will provide the Customer with prior notice of such new or modified practices; provided however, that RFCNET shall have the absolute right to implement such new or modified practices without prior notice in its sole discretion and without liability or any kind.
9. ELECTRONIC RECORDING. Customer acknowledges and understands that there are federal and state statutes governing the electronic recording of telephone conversations and that RFCNET will not be liable for any illegal use of the service. Because Customer circumstances vary widely, Customers should carefully review their own circumstances when deciding whether to use the recording features of the service and it is the Customer's responsibility to determine if the electronic recordings are legal under the federal and state statutes. RFCNET is not responsible for any misinterpretation, lack of understanding or lack of knowledge regarding the use of electronic recordings or the use of its products by the Customer whether legal or illegal. For more information on electronic recording policy please consult your local or state authorities.
10. PRIVACY. RFCNET utilizes the public Internet and third party networks to provide fax, voice and video communication services. Accordingly, RFCNET cannot guarantee the security of fax, voice and video communications of Customer. RFCNET is committed to respecting the Customer's privacy. Once Customer chooses to provide personally identifiable information, it will only be used in the context of the Customer's relationship with RFCNET. RFCNET will not sell, rent, or lease Customers' personally identifiable information to others. Unless required by law or subpoena or if Customer's prior permission is obtained, RFCNET will only share the personal data Customer provides with other RFCNET entities and/or business partners that are acting on RFCNET's behalf to complete the activities described herein. Such RFCNET entities and/or national or international business partners are governed by RFCNET's privacy policies with respect to the use of this data. RFCNET is required to file numerous reports with different administrative bodies. As such, RFCNET may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, RFCNET reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either RFCNET or any company affiliated with RFCNET. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, RFCNET may disclose personally identifiable information.
11. 911 & SERVICE LIMITATIONS. The Federal Communications Commission (FCC) requires that RFCNET provide E911 Service to all Customers who use RFCNET services within the United States. Sections 11.1-11.7 apply to all Customers who use RFCNET services within the United States.
11.1. 911 ACKNOWLEDGEMENT AND WARNING LABELS. CUSTOMER ACKNOWLEDGES THAT RFCNET'S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION 11 AND CUSTOMER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING CUSTOMER'S SERVICES, OF THE 911 LIMITATIONS DESCRIBED HEREIN. RFCNET WILL PROVIDE CUSTOMER WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING. CUSTOMER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. IF ADDITIONAL LABELS ARE REQUIRED, CUSTOMER MAY REQUEST THEM FROM RFCNET. RFCNET WILL PROVIDE CUSTOMER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM CUSTOMER. CUSTOMER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT RFCNET HAS ADVISED CUSTOMER OF THE CIRCUMSTANCES UNDER WHICH RFCNET E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. RFCNET ADVISES CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
11.2. ELECTRICAL POWER. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.
11.3. INTERNET ACCESS. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF CUSTOMER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
11.4. NON-VOICE SYSTEMS. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, MODEMS, CERTAIN FACSIMILE EQUIPMENT AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS. CUSTOMER HAS NO CLAIM AGAINST RFCNET FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
11.5. RFCNET E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND TRADITIONAL FAX AND VOICE SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, TOLLFREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. E911 SERVICE IS ONLY AVAILABLE IN SELECTED AREAS. CUSTOMERS WHO SUBSCRIBE TO RFCNET E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT (PHONE, SOFTPHONE, DTA OR VIDEOPHONE) WITH RFCNET, EITHER ON THE RFCNET.COM WEBSITE OR BY CALLING CUSTOMER SERVICE, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE CHANGES. CUSTOMERS WHO SUBSCRIBE TO RFCNET MOBILE APPLICATIONS ACKNOWLEDGE THE PHYSICAL LOCATION REGISTERED FOR THEIR EQUIPMENT (PHONE, SOFTPHONE, DTA OR VIDEOPHONE) WILL BE THE PHYSICAL LOCATION REGISTERED FOR THE MOBILE APPLICATION ASSOCIATED TO THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT RFCNET'S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY RFCNET WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED TO RFCNET BY CUSTOMER. IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT BEEN UPDATED OR IS NOT COMPLETE, RFCNET MAY ATTEMPT TO ROUTE A 911 CALL BASED UPON THE BILL-TO OR SHIP-TO ADDRESSES ASSOCIATED WITH THE CUSTOMER'S ACCOUNT OR INITIAL ORDER.
11.6. CUSTOMER ALSO ACKNOWLEDGES THAT RFCNET E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE RFCNET E911 SERVICES UNSUITABLE FOR SOME CUSTOMERS. BECAUSE CUSTOMER CIRCUMSTANCES VARY WIDELY, CUSTOMERS SHOULD CAREFULLY EVALUATE THEIR OWN CIRCUMSTANCES WHEN DECIDING WHETHER TO RELY SOLELY UPON RFCNET E911 SERVICE. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER'S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET CUSTOMER'S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS). THE FOLLOWING CHARACTERISTICS DISTINGUISH RFCNET E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE: ** RFCNET E911 SERVICE WILL NOT FUNCTION IF CUSTOMER'S DTA, PHONE OR VIDEOPHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF CUSTOMER'S RFCNET SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, CUSTOMER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFOREBEING ABLE TO USE THE RFCNET SERVICE, INCLUDING FOR E911 PURPOSES. ** AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER'S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO OUR NOMADIC E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN THIS SCHEDULE. ** THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING RFCNET E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE RFCNET E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE RFCNET NETWORK, THERE IS A POSSIBILITY THAT A RFCNET 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORKS. ** IF CUSTOMER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE RFCNET EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, RFCNET E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR. BEST EFFORT TO DIRECT ALL INCORRECTLY IDENTIFIED E911 COMMUNICATIONS MAY NECESSITATE REDIRECTION TO A LIVE OPERATOR AT THE NATIONAL OPERATIONS CENTER, A $100.00 FEE WILL APPLY TO EACH OF THESE CALLS.
11.7. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT RFCNET WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING RFCNET OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RFCNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
12. SOFTWARE AND HARDWARE.
12.1.RFCNET grants to each Customer a limited, nonexclusive, nontransferable and non-assignable license to install and use the RFCNET access software (including software from third-party vendors that RFCNET distributes, pursuant to third party license agreements), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Customer agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. RFCNET may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to Customer. The Licensed Programs constitute confidential and proprietary information of RFCNET and RFCNET's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with RFCNET and RFCNET's licensors or third parties. Customer shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof. You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
12.2.Customer Premises Equipment ("CPE") shall mean equipment that is owned by RFCNET but is located on the Customer premises. RFCNET is responsible for the maintenance of this equipment unless otherwise expressly provided under this agreement. RFCNET shall maintain each item of CPE in good condition, except for normal wear and tear. Customer is responsible for ensuring that CPE is kept in a place on Customer's premises that remains clear of obstructions, hazardous materials, or items, which could reasonably be foreseen to damage or affect the performance of the CPE. Customer shall promptly return all CPE to RFCNET and/or promptly provide RFCNET with reasonable access to Customer's facilities in order to recover the CPE, upon termination of this Agreement. RFCNET shall retain title to CPE. Customer, at its expense, shall protect RFCNET's title and keep the CPE free from all claims, liens, encumbrances and legal processes and Customer shall notify RFCNET of any claims, liens, encumbrances or legal processes with respect to the CPE. The CPE is personal property and is not to be regarded as part of the real estate on which it may be situated. RFCNET shall have the right to inspect the CPE at the premises where the CPE is located. Customer shall not make any addition, alteration, or attachment to the CPE without RFCNET's prior written consent. Customer shall make no repair, addition, alteration or attachment to the CPE that interferes with the normal operation or maintenance thereof, or might result in the creation of a mechanic's lien. Customer failure to promptly return CPE and/or provide RFCNET with adequate recovery opportunity, will result in Customer being charged for full value of unrecovered CPE. All such charges are due and payable upon issuance, credit can be issued if CPE is ultimately recovered at a later date. All CPE that is necessary to be advanced replaced will be billed at full retail value. Credit for such replacements will be issued once Customer has returned such equipment in satisfactory condion. Customer is responsible for all shipping charges to return such equipment.
12.3. Except as otherwise set forth in this Agreement, a refundable security deposit ("Security Deposit") shall be set forth on the applicable Service Order. Security Deposit shall mean an amount paid by the Customer and maintained on deposit with RFCNET for the duration of the term of this Agreement. RFCNET shall refund the Security Deposit upon the return of all CPE by Customer at the termination of this Agreement. RFCNET reserves the right to adjust the amount of Security Deposit to be refunded to Customer, or forfeit the Deposit in-lieu or payment option, as deemed reasonable by RFCNET, based on the condition of CPE at return. Applicable handling and additional charges may apply.
12.4. RFCNET shall not be responsible for the installation, operation, or maintenance of equipment (including without limitation, cabling) not provided by RFCNET as CPE (collectively, "non-RFCNET equipment or software"). Impairment of Customer's use of the Services due to non-RFCNET equipment or software shall not relieve Customer of its payment obligation hereunder. RFCNET shall not be responsible for any changes in the Services which may cause non- RFCNET equipment or software to become obsolete, to require modification or alteration, or otherwise affect performance of equipment or software. RFCNET reserves the right to allow or refuse the make, model and/or software revision of a Customer-provided router or similar equipment to be used as a gateway to the Services, and Customer shall cooperate with RFCNET in setting up the initial configuration for the Customer-provided router's interface with the Services.
12.5. LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT. Customer shall not modify the Equipment in any way without the express written permission of RFCNET. Customer shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, Customer is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. Customer shall immediately notify RFCNET of any lost or stolen Equipment and shall cooperate with RFCNET in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At RFCNET's sole option, failure to report lost or stolen equipment in a timely manner will cause Customer to be responsible for all service fees accrued until the time that RFCNET is informed of the loss or theft and can effect a termination of the Services.
12.6. RETURNS AND ADJUSTMENTS. No Equipment may be returned by Customer for any reason without prior approval of RFCNET. All returns shall bein original packaging or equivalent. Customer shall be responsible for all costs related to shipping to RFCNET any Equipment that is being returned. Any Equipment returned to RFCNET without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation Customer must immediately obtain a return material authorization number from RFCNET, return to RFCNET any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to RFCNET an amount equal to the fair retail price of the equipment minus any payments Customer had previously paid specifically for said Equipment.
13. INSTALLATION.
13.1. Customer shall make all necessary preparations required to permit installation, maintenance and operation of the Services and will provide RFCNET, and its suppliers of communication services and equipment, reasonable access to Customer's premises, including free access to all leased telephone lines and roof top, to perform any activities reasonably required under this Agreement. Customer shall have all non-RFCNET equipment or software available and operable for use with Services or CPE.
13.2. Additional Fees may be incurred. In the event that special construction, facilities, or additional equipment is required, additional labor will be billed at $100.00/hr. Any additional charges will require customer written or verbal consent prior to installation.
14. PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of RFCNET or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of RFCNET. Customer understands that neither RFCNET nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. Customer agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements or laws on obtaining 3rd party consent for call recording), infringe the rights of others, or interfere with the users, services, or equipment of the network. Customer agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of RFCNET. RFCNET's Service Plans for business Customers that offer unlimited minutes of PSTN calls ("Unlimited PSTN Plans") or unlimited faxing are for reasonable business use of Customer only. Such use shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing (including without limitation charitable or political solicitation or polling), call center operations, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process or any other activity that would be inconsistent with reasonable business usage. Customer shall not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customers further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Any use found to be inconsistent with this restriction will result in termination of the Service. RFCNET reserves the right to immediately terminate or modify the Services of any Customer using Unlimited PSTN or fax Plans if RFCNET determines, in its sole discretion, that Customer is not using the Unlimited PSTN or fax Plans for Customer's reasonable business use.
15. REASONABLE USE. Unusually high usage of the Service attributable to individual Accounts may impair RFCNET’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, for all Service Plans, reasonable use means that your use of the Service does not materially impair RFCNET’s ability to provide the Service to other users. On Unlimited use plans there is an expected maximum usage of no more than 5000 minutes per device per month. All unlimited use plans apply only to calls made within the continental United States. Calls to Alaska, Hawaii and all international calls are subject to additional charges.
16. INDEMNIFICATION. Customer agrees to defend, indemnify and hold RFCNET, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.
17. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RFCNET OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF RFCNET OR ITS VENDORS OR OTHERWISE.
18. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY. RFCNET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER RFCNET NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO RFCNET'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF RFCNET'S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST RFCNET MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND RFCNET HAS NO LIABILITY THEREAFTER. RFCNET'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. RFCNET MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, LIGHTNING, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN RFCNET. IN NO EVENT SHALL RFCNET'S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER TO RFCNET IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
19. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. RFCNET reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, RFCNET will post to the Web Site currently located at http://www.RFCNET.com. Customer may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. The Plan change will take effect in the first month after the Plan is changed. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
20. NOTICE. RFCNET communicates with Customers primarily via email and posting to the Web Site. Notices to Customer shall be sent to the email address specified by Customer at the time of registration for the Services or as subsequently specified by Customer ("Email Address"). Customer is responsible for notifying RFCNET of any Email Address changes. Customer agrees that sending a message to the Email Address or posting changes to the Web Site are the agreed upon means of providing notification. Email and the Web Site are used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that Customer read any email sent to the Email Address in a timely manner and check posting on the Web Site on a regular basis in order to avoid any potential interruption in the Services provided hereunder. Once notice has been given, if Customer does not send RFCNET notification of their desire to terminate this agreement or uses the Service after the Change Date, Customer is deemed to have accepted and consented to the change of terms and conditions of the Service. If Customer does not consent to the change of service and terminates this agreement, Customer will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. Customer may request a Plan change at any time, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of Equipment, an equipment charge will apply.
21. TECHNICAL SUPPORT. RFCNET provides technical support to Customers via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.
22. TERM OF AGREEMENT. The term of this Agreement ("Term") begins on the date that Customer purchases Services and continues for the duration of the service period as defined by the service plan that is selected by Customer ("Plan"). At the end of the Term this agreement will automatically renew for like term if notcancelled by Customer in writing thirty (30) days prior to end of agreement. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Customer, to terminate your account.
23. TERMINATION. You may terminate your account at any time and for any reason by providing notice of intent to terminate to RFCNET in writing by registered or certified mail, return receipt requested addressed to RFCNET , PO Box 2256 Naperville, IL 60567. Charges to your account will stop accruing 30 days from the day RFCNET provides you with a cancellation confirmation number. If you terminate your account prior to completion of this agreement a cancellation fee pursuant to terms set forth in the Service Order will be charged and all CPE must be returned to RFCNET at Customer expense. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on RFCNET's servers or email, anything stored on this space will be deleted upon termination. Without prior notice, RFCNET may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if RFCNET, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. RFCNET may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services.
24. BREACH. In the event of Customer's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, Customer shall reimburse RFCNET for all attorney, court, collection and other costs incurred by RFCNET in the enforcement of RFCNET's rights hereunder and RFCNET may keep any deposits or other payments made by Customer.
25. EXPORT COMPLIANCE. Customer agrees to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Services. Customer agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.
26. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, Customer shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to Customer by RFCNET or its vendors.
27. SURVIVAL. The provisions of section 3, 11, 16, 17, 18, 20, 21, 23, 24, 26, 27, 28 and 29 shall survive any termination of the Agreement.
28. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). RFCNET shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, lightning, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of RFCNET as may occur in spite of RFCNET's best efforts.
29. GOVERNING LAW / RESOLUTION OF DISPUTES.
29.1. Mandatory Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, Customer AND RFCNET WILL ARBITRATE ANY DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO Customer, INCLUDING ANY BILLING DISPUTES ("CLAIM"). CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). This agreement to arbitrate also requires Customer to arbitrate claims against other parties relating to Services or Products provided or billed to Customer if Claims are asserted against RFCNET in the same proceeding. ARBITRATION WILL BE CONDUCTED UNDER THE AAA'S PUBLISHED COMMERCIAL ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. Customer will pay the published share of the arbitrator's fees and administrative expenses ("Fees and Expenses") except that: (a) for Claims less than $20, RFCNET will pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, Customer will pay only $20 in Fees and Expenses, or any lesser amount as provided under AAA's Supplemental Procedures for Consumer-Related Disputes. Customer and RFCNET agree to bear their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. The AAA Supplemental Procedures for Consumer-Related Disputes provide that unless a hearing is requested, disputes will be resolved based on written submissions and no personal appearance is required. If Customer requests an arbitration hearing, that hearing will take place either telephonically or in Wheaton, Illinois. As a limited exception to the agreement to arbitrate, Customer and RFCNET agree that: (a) Customer may file Claims in small claims court in DuPage County (Wheaton), Illinois, if the Claims qualify for hearing by such court; (b) if Customer fails to timely pay amounts due, RFCNET may assign the account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; and (c) any Claim filed as a class action is not subject to arbitration but instead must be filed in the Illinois Superior Court, County of DuPage (Wheaton) or in the United States District Court for the Northern District of Illinois.
29.2. Prefiling Notice of Claim. BEFORE INSTITUTING ARBITRATION OR SUIT, CUSTOMER AGREES TO PROVIDE RFCNET WITH AN OPPORTUNITY TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO RFCNET. IF RFCNET IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF RECEIPT OF NOTICE, THEN CUSTOMER OR RFCNET MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 29.1. All claim notices should be sent to: Director of Customer Service RFCNET, Inc. PO BOX 2256, Naperville, IL 60567 - or- support@RFCNET.com
29.3. Governing Law. The Agreement and the relationship between Customer and RFCNET shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 29.1, Customer and RFCNET agree to submit to the personal and exclusive jurisdiction of the courts within the state of Illinois, to the extent possible in DuPage County, and waive any objection as to venue or inconvenient forum. The failure of RFCNET to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. ENTIRE AGREEMENT. The terms and conditions of this Agreement, the Acceptable Use Policy, the Privacy Policy, along with the other policies and rates posted to the web site currently located at http://www.RFCNET.com, constitute the entire agreement with regard to this sale and use of the services and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of RFCNET and Customer.
31. TRANSFER AND ASSIGNMENT. This Agreement shall be binding on the parties hereto and their respective successors and assigns. Neither party may assign or transfer this Agreement, or any part thereof, without prior written consent of the other, which consent shall not be unreasonably withheld, except that RFCNET may assign its rights and obligation under this Agreement without approval of Customer to an entity that acquires all or substantially all of the assets of RFCNET or to any subsidiary or affiliate or successor in a merger or acquisition of RFCNET; provided that in no event shall such assignment relieve RFCNET of its obligation under this Agreement.
Rev. 1.09 August 2012
Latest on the blog
-
Voice Services
by Admin on Jan 7, 2023 -
Broadband Services
by Admin on June 21, 2023 -
Cloud Services
by Admin on June 18, 2022