These Terms of Service for HostPBX.us. ("Agreement") is a legal agreement between you (either an individual or an entity that you are representing) and HosPBX.us. and its suppliers and licensors (collectively "HostPBX.us") for the HostPBX Services ("Services"). The Services include product changes, upgrades, support and other services. You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized payment method on file with HostPBX.us. You understand that you must obtain your own Internet connection in order to use the Services. We do not control your Internet provider or the quality of your connection. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR PROBLEMS IN THE SERVICES CAUSED BY YOUR INTERNET CONNECTION OR THIRD PARTY PRODUCTS OR SERVICES NOR WILL WE CONTACT ANY OF THESE PROVIDERS ON YOUR BEHALF.
1.1 Automatic Monthly Billing
The HostPBX.us Services are provided on a monthly basis, with an automatic monthly renewal unless you give us notice of cancellation in accordance with the requirements of Section 2 below. You agree to pay HostPBX.us the recurring monthly service charges, set-up charges and usage charges, if applicable, for your use of the Services plus any applicable taxes as set forth in Section 1.4 below.
1.2 Payment Processing
You agree to provide us with a valid email address and a valid payment method. You must advise us immediately if your email address changes and/or payment method changes or expires. Failure to comply may result in the immediate termination of Services. You authorize HostPBX.us to automatically bill the credit, charge 11.3 Equipmentor debit card you provided, or withdraw funds via electronic transfer from your checking account (depending on what payment method you are using), until you cancel the Services in accordance with the requirements of Section 2 below. You agree that HostPBX.us may receive updated information about your account from the financial institution issuing your credit, charge or debit card.
1.3 Fee Payments & Late Charges
Except for usage based fees, all fees are due in advance the first day of each billing period. All usage based charges, including calls to Alaska, Hawaii and international calls (which are not included under any plan) are billed under your prepaid SIP trunking account. You agree to pay for all Equipment and set up fees at the time your request the Services. All payments are completely non-refundable. Failure to pay in full will result in immediate account suspension and HostPBX.us shall have no liability for such suspension under any circumstances. Accounts will be reactivated, at HostPBX.us'S sole discretion, only when the account balance is paid in full. HostPBX.us will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. HostPBX.us may modify the Service fees payable by you upon at least thirty (30) days of notice to you, whether such notice is written, an email, voice mail or by publishing them on the HostPBX.us website. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that HostPBX.us may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated.
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 You and will be added to any amounts otherwise charged to You unless You provide HostPBX.us with an appropriate exemption certificate. If any amounts paid for the Services are refunded by HostPBX.us, applicable taxes may not be refundable.
1.5 Invoice Discrepancies & Currency Conversion
All invoices are available on our website only. You agree to notify HostPBX.us about any billing problems or discrepancies within 30 days after they first appear on our website. If you do not bring them to HostPBX.us's attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. All transactions are charged in U.S. dollars (USD). Please remember that orders placed with us will be converted from USD to your currency by your credit card company when they process the transaction. HostPBX.us cannot be held responsible for any adverse currency fluctuations.
1.6 Release of Numbers
You acknowledge that in the event of any account termination or cancellation, all numbers associated with your account are released and may not be available to you upon your reactivation.
1.7 Metered Usage
Metered usage is billed in one minute increments in the United States and Canada (30 second minimum for international calls), and actual usage is rounded up to the next full increment at the end of each call for billing purposes.
1.8 Ancillary Services
List and publish and caller name identification (i.e., caller ID with name) services are provided by HostPBX.us based on availability of such services from HostPBX.us's underlying providers. We do not guaranty that such services are available for all numbers in all serving areas.
The Term of this contract begins on the Effective Date. The Initial Term is set out on your Order Form. Upon expiration of the Initial Term, the Services renew for a period of equal length until terminated in writing (Renewal Term). A party must notify the other in writing of its intent to Terminate this contract (the Termination Request) no later than 30 days prior to the next Renewal Term or the alternate requested Termination Date. Any such termination or cancellation will be subject to the payment of any outstanding Fees. Fees for a Renewal Term will not change unless agreed upon by the parties. If you have prepaid the Fees, but cancel prior to the end of a Term, the Fees will be recalculated without the Special Promotion and/or term discount, on a month-to-month basis (using the month-to-month fees in place at the time of your initial Service Order, including any setup fees), and the resulting used services amount deducted from the amount you have pre-paid, to determine any credit due; in some cases this may result in an additional payment due from you to us. All months shall be always rounded up for used months and rounded down for credit months; only full months are used in calculation (there is no proration past a full month). In case of a credit owed, the credit will be applied to your account (credits are not refunded) and may be used anytime within the next 24 months (credits expire in 24 months). Non-prepaid Term Contracts do not allow for early termination; if the Agreement is Terminated prior to the end of a non-prepaid Term Contract by you for any reason other than a material breach or by us for any reason, the unpaid total amount of Fees remaining for the duration of Terminated Term Contract become immediately due (Due Date is the Termination Request date) and payable. Non-prepaid Term Contracts automatically change to a month-to-month basis (Renewal Term) upon completion of the initial Term Contract period. The Individual listed as the contact for an Organization's Term Contract is personally liable for the fulfillment of the Term Contract obligations and authorizes us to conduct periodic credit checks. Any one month billing cycle product are not refundable.
3.1. The billing cycle for the Services is set out on the Order Form. You are responsible for all Fees set out on the Order Form, on a Product Page, or elsewhere in this contract (Fees). Non-recurring and domain name registration Fees are not refundable, nor are they subject to any satisfaction guarantee.
3.2. We often offer special promotions (Special Promotions). These Special Promotions have specific terms. Generally they do not apply to current customers, nor do they apply to Renewal Terms. If you Terminate the Services to which a Special Promotion applied, the discount, or other benefit provided by the Special Promotion, will be removed and your account will be re-billed as if it had been set up without the Special Promotion. If this results in additional Fees you will be charged for those Fees.
4.1 Compliance with Laws
You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. You may only use the Services for your own use. You may not use the Services in any way to provide, or as part of, any commercial service or application or in any way interfere with the users, services or equipment of the network. c) You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to the Service. d) In addition to any other remedies available in equity or law to HostPBX.us, failure to comply with any of the terms and conditions in this Section 4 Service Use Restrictions shall immediately terminate the Services.
4.2 Fair Use
While most Fair Uses for our Services are permitted by HostPBX.us, there are certain uses that cause extreme network capacity issues and interference with the network. Any use of the Services or any other action that causes a disruption in the network integrity of HostPBX.us services or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. Examples of such prohibited uses include, but are not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with residential or small business usage. You agree that you will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the HostPBX.us services. You agree and represent that you are purchasing the Services and/or the Equipment for your 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 HostPBX.us.
To let you know what new Services are available from time to time, HostPBX.us will send you e-mails describing the latest Services, how to get access to the Services and changes to the Services. You agree that as a Service subscriber, HostPBX.us may send you such e-mails to the address you provide. Because these e-mails are necessary for you to receive the Services, you will receive these e-mails even if you have opted out of receiving other e-mail from HostPBX.us. If you do not want to receive these e-mails, you may cancel the Service at any time as provided in this Agreement. We deliver invoices only by email.
7.1 Single line Accounts
You may be able to take, or "port," your current number to another service provider. You will remain responsible for all charges and fees until you notify HostPBX.us of your election to cancel services in accordance with Section 2. If a port is unsuccessful for any reason, your Service and your agreement with us will not terminate, you will remain a HostPBX.us customer, and you will continue to be responsible for all charges and fees associated with your HostPBX.us Service.
7.2 Multiple-line Accounts
If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional Equipment on your account, you are required to inform us of your intent to terminate all the Services on your account, prior to the successful completion of the requested port or we will select at our sole discretion the most appropriate billing plan for any remaining numbers and/or devices on your HostPBX.us account, and you will continue to be responsible for all the charges and fees associated with the remaining Services on your HostPBX.us account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle. You will remain responsible for all charges and fees until you notify HostPBX.us of your election to cancel services in accordance with Section 2.
7.3 Request for HostPBX.us to Port numbers
If you request that HostPBX.us port a number from an existing service provider to HostPBX.us, HostPBX.us will use commercially reasonable efforts to assist you in the porting of such number. You acknowledge that service providers require verification of identity, as well as authorization and other reasonable information in order to port any numbers to HostPBX.us. You must correctly complete a letter of authorization, provide us with a copy of your most recent bill from such service provider, as well as provide us with any other information required by such service provider to port your number. Failure to provide any information requested by HostPBX.us or the third party services provider will delay the porting of the number to HostPBX.us. HostPBX.us shall not be responsible for any delay in the port of your number and will not provide credit for any such delays.
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HostPBX.us FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HostPBX.us OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF HostPBX.us HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HostPBX.us RELATED TO THIS AGREEMENT OR THE SERVICES/CONTENT SHALL BE CANCELLATION OF THE HostPBX.us SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $250.00 OR THE AMOUNT YOU PAID TO HostPBX.us WITHIN THE LAST SIX MONTHS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HostPBX.us DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH HostPBX.us.
You agree to hold harmless, indemnify and defend HostPBX.us, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have violated any terms of this Agreement.
This Agreement is personal to you (or the company which you represent), and may not be assigned without HostPBX.us's express written consent. If you are agreeing on behalf of a company, you represent that you are authorized to bind the company under this Agreement.
11.1 Arbitration & Jurisdiction
You and HostPBX.us agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Services, or your use of the Services (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or HostPBX.us toward the other, shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the County of Fulton, State of Georgia. You and HostPBX.us also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and HostPBX.us may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate HostPBX.us's intellectual property rights, or may cause continuing or irreparable harm to HostPBX.us(including, but not limited to, any breach that may impact HostPBX.us's intellectual property rights, or a breach by reverse engineering), HostPBX.us may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and HostPBX.us must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.). To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former customers of HostPBX.us, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and HostPBX.us); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and HostPBX.us). This Agreement shall be governed by the laws of the State of Georgia and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Georgia.
If any change in applicable law, regulation, rule or order materially affects delivery of Service, the parties will negotiate appropriate changes to this Agreement. If the parties are unable to reach agreement within 30 days after HostPBX.us's delivery of written notice requesting renegotiation: (a) HostPBX.us may pass any increased costs relating to delivery of Service through to You and (b) if HostPBX.us does so, You may terminate the affected Service without termination liability by delivering written notice to HostPBX.us within 30 days after such fee increase becomes effective.
11.2 Complete Agreement
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by HostPBX.us or not. The acceptance of any purchase order is expressly made conditional on your consent to the terms set forth herein and any additional terms in your purchase order or similar document shall be null and void. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of HostPBX.us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. HostPBX.us is not liable for editorial, pictorial, or typographical errors in this communication.
You may be required to purchase telecom equipment in order to utilize the Services. Procuring and maintaining that equipment is your sole responsibility. HostPBX.us may, at your request, facilitate the provision of Equipment from a third party supplier. While we suggest some equipment brands and facilitate your purchase of some equipment as an accommodation, the original equipment manufacturer - and not HostPBX.us - shall be responsible for any equipment defects, if applicable. HostPBX.us shall have no liability to you of any nature regarding such equipment. Please check the Equipment provider's website for warranty, return rules and other terms and conditions applicable to such third party Equipment supplier. Equipment may not be returned to HostPBX.us for any reason. ALL EQUIPMENT SALES ARE FINAL. Equipment may be returned to the manufacturer solely in the event of a defect which arises within the applicable warranty period, provided You comply with the terms of this Section and the RMA return policy. Prior to returning the equipment, you must contact HostPBX.us so that HostPBX.us may determine whether a defect exists and to receive an RMA number, which is required along with the return. You must ship the equipment to the manufacturer at the address provided by HostPBX.us in accordance with all RMA procedures. You have 10 days after receipt of an RMA to ship the equipment back to the manufacturer at the address we provide. You must pay all shipping fees. Once the manufacturer has received the equipment, a replacement will be sent to you.
HostPBX.us hosted Server don't support third party SMTP Authentication at send emails.
12.1 Non-Availability of Traditional 911 or E911 Dialing Service
You acknowledge and understand that the Service does NOT support traditional 911 or E911 access to emergency services. HostPBX.us does offer a limited 911-type and that such 911-type dialing is different in a number of important ways (some, but not necessarily all, of which are described in this Agreement) from traditional 911 service. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of traditional 911 or E911 dialing from your HostPBX.us Service and Equipment.
12.2 Description of 911-Type Dialing Capabilities - Activation Required
HostPBX.us does offer a 911-type dialing service in certain areas within the U.S. (but may not offer such service in certain areas of the U.S. and Canada) that is different in a number of important ways from traditional 911 services. When you dial 911, your call is routed from the HostPBX.us network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation. You acknowledge and understand that when you dial 911 from your Equipment it is intended that you will be routed to the general telephone number for the PSAP or local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing. You acknowledge and understand that your 911 call may not be routed to a PSAP but instead may be routed to a central call center where you will have to provide your location. HostPBX.us relies on third parties for the forwarding of information underlying such routing, and accordingly HostPBX.us and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Neither HostPBX.us nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing. You agree to indemnify and hold harmless HostPBX.us and its third party provider from any claim or action arising out of misroutes of 911 calls, including but not limited to your failure to follow correct activation procedures for 911 calling or your provision to HostPBX.us of incorrect information in connection therewith.
12.3 Service Outage
12.3.1 Power Failure or Disruption
You acknowledge and understand that 911 dialing does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require you to reset or reconfigure equipment prior to utilizing the Service or 911 dialing.
12.3.2 Broadband Service / ISP Outage or Termination / Suspension or Termination by HostPBX.us
You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by HostPBX.us will prevent ALL Service including 911 dialing.
12.3.3 Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911dialing.
12.3.4 Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
12.3.5 Limitation of Liability and Indemnification
You acknowledge and understand that HostPBX.us's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless HostPBX.us, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, you or any third party or user of your Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of you or any third person or party or user of your Service to be able to dial 911 or to access emergency service personnel.
12.4 Failure to Designate the Correct Physical Address When Activating 911 Dialing
Failure to provide the current and correct physical address and location of your Equipment will result in any 911 communications you may make being routed to the incorrect local emergency service provider. This must be the actual physical street address where you are located, not a post office box, mail drop or similar address.
12.5 Requires Notification if You Change Your Number or Add or Port New Numbers
You acknowledge and understand that 911 dialing does not function if you change your phone number or (for such newly added or ported numbers) if you add or port new numbers to your account, unless and until you have successfully notified HostPBX.us of the correct address for your changed, newly added or newly ported number.
12.6 Requires Notification if You Move or Change Location
You acknowledge and understand that 911 dialing does not function properly or at all if you move or otherwise change the physical location of your Equipment to a different street address, unless and until you have successfully notified HostPBX.us of such change in location and the correct address. Failure to provide the current and correct physical address and location of your Equipment will result in any 911 dialing you may make being routed to the incorrect local emergency service provider.
12.7 Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911
Due to the technical constraints on the manner in which it is possible to provide the 911 dialing feature for HostPBX.us Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing your Equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that 911 dialing from your Equipment will be routed to the general telephone number for the local emergency service provider (which may not be answered outside business hours), and will not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider's facilities when such calls are routed using traditional 911 dialing. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing. You acknowledge and accept that HostPBX.us relies on third parties for the forwarding of information underlying such routing, and accordingly HostPBX.us and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. HostPBX.us or its officers or employees, may not 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 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of HostPBX.us.
12.8 Automated Number Identification
At this time in the technical development of HostPBX.us 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. HostPBX.us's system is configured in most instances to send the automated number identification information; however, one or more telephone companies, not HostPBX.us, route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
12.9 Automated Location Identification
At this time in the technical development of HostPBX.us 911 Dialing, it is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as PSAP and emergency personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
12.10 Alternative 911 Arrangements
You acknowledge that HostPBX.us does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.
You acknowledge that the Equipment and Services do not support 911 emergency dialing or other emergency functions. You agree to notify any user of the Services, who may place calls using your phone services, of the 911 limitations. HostPBX.us advises you to maintain an alternative means of accessing traditional 911 services such as traditional telephones and cellular phones.
12.11 Non-Voice Systems
You acknowledge that the Services are not set up to function with out-dialing systems including home security systems, medical monitoring equipment, satellite television systems and some facsimile systems. You have no claim against HostPBX.us for interruption or disruption of such systems by the Services.
12.12 Non-Call Center
The customer will not use HostPBX.US services for telemarketing purposes (Including, but not limited to Automated Dialers, Call Centers and collection agencies). HostPBX.US will suspend such activities without warning.
12.13 Excessive Call Attempts Surcharge
A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 40% (forty percent) is required, and is calculated on total outbound call attempts during any 24 hour period. An Excessive Call Attempt Surcharge of $0.01 per call will be assessed for all incomplete calls below this threshold.
12.14 Additional Call Attempts Surcharge for USA & Canada Termination
A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 50% (fifty percent) is required, and is calculated on total outbound call attempts on a monthly billing basis per unique customer account. An Excessive Call Attempt Surcharge of $0.005 per call will be assessed for all incomplete calls below this threshold.
12.15 Minimum Average Call Duration (ACD)
A minimum Average Call Duration (ACD) of two (2) minutes is required in any 24 hour period. In the event Customer’s ACD on an individual account is below the two (2) minute threshold, default billing increments on the customers account will change from one (1) minute.
12.16 Additional Minimum Average Call Duration (ACD) for USA & Canada Termination
A minimum Average Call Duration (ACD) of one (1) minute is required in each billing period. In the event Customer’s ACD on an individual account is below the one (1) minute threshold, a surcharge of 100% of the total amount billed to Customer in the billing period shall be assessed.
12.17 Short Duration Surcharge for USA & Canada Termination
If Customer’s total Short Duration Calls (defined as all calls with a duration of 6 seconds or less) is more than 10% (ten percent) of total calls during a monthly or other billing period shall be assessed a Short Duration Surcharge of $0.02 per call for all Short Duration calls.
12.18 Measuring Usage
You agree that HostPBX.US’s records are conclusive evidence of your use of the site and service. Furthermore, you acknowledge that these records will be used to calculate charges incurred. You accept that any use of the service originating from the IP addresses you nominate shall be deemed to be authorised, and that you will pay any charges arising from such use. Any request for a billing adjustment must be made in good faith within thirty (30) days of invoice receipt through a Written Dispute Notification.
For the purpose of this Agreement, a Written Dispute Notification means an email message that must include the following information:
Disputed destinations (route description)
Amount of total dispute
Dispute type (e.g. rate, minute, or code)
If rate dispute, the claimed rates for each disputed destination
If minute dispute, the claimed minutes and associated call detail records for each disputed destination
If code dispute, the claimed codes and associated rates for each disputed destination
13.1. Termination for material breach
Either party may terminate this contract, or a particular Service, for the other party's material breach. The party claiming a material breach must provide written notice to the allegedly breaching party and 10 calendar days to cure. Any notice must contain sufficient information that would allow the allegedly breaching party to cure the material breach. The term "material breach" shall be determined from the perspective of a reasonable business person experienced in using dedicated web hosting products. Your termination of this contract, or a particular Service, is your sole and exclusive remedy for our material breach. The following activities shall be considered to be a material breach on your part entitling us to immediate termination of this contract without opportunity for you to cure: (i) failure to pay Fees when due; (ii) failure to cure your, or an End User's, violation of this contract; or (iii) failure to cooperate with our security requests, or engaging in any activity that endangers our network, network stability, or materially endangers our other customers. Either party may terminate this contract, or a particular Service, immediately if a material breach is incapable of cure.
13.2. By You
You may terminate the Services by emailing HostPBX.us at firstname.lastname@example.org from the email address you have on file with HostPBX.us which is listed in your HostPBX.us account. YOU MAY ONLY CANCEL SERVICES VIA EMAIL. HostPBX.us WILL NOT ACCEPT CANCELLATION VIA TELEPHONE, FAX OR OTHER METHODS. FAILURE TO CANCEL SERVICES VIA EMAIL IN ACCORDANCE WITH THIS SECTION WILL RESULT IN ONGOING SERVICE FEES. We will send you an email verification of the Termination Request (Termination Verification). You must acknowledge the Termination Verification to terminate the Services. If you do not acknowledge the Termination Verification, or, you fail to use a Termination Request to terminate the Services, the Services will not be Terminated and Fees will still be charged. You must follow this procedure in order to terminate each Service. Once you provide us with the Termination Verification, it may take us up to 5 calendar days to process the Termination. Once the Termination is processed, the soonest possible day for your Services to be terminated is 30 days from the date of receiving and verifying your Termination Verification. You are responsible for any Fees that accrue during this period. And, as such, you are recommended to submit a Termination Request at least 35 days prior to your desired Termination Date.
You agree to indemnify HostPBX.us and its agents, and hold them harmless from any claims or damages relating to this agreement. You agree not to hold HostPBX.us or its agents liable for any loss of business, contracts, savings or profits, or any other damages or losses (direct or consequential) to the extent that HostPBX.us’s liability can be limited by law. You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. HostPBX.us, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive.
HostPBX.us may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event HostPBX.us modifies the Agreement or the Services, you may terminate the Services. HostPBX.us may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at HostPBX.us's sole discretion. HostPBX.us may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from HostPBX.us to effect such termination. Upon any termination of this Agreement (whether by you or HostPBX.us), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.