i2telecom International
Inc.
Terms of Service Agreement
And
Software License Agreement
For
Residential, Personal and Business Service
This agreement ("Agreement") is between i2Telecom
International, Inc. (“i2Telecom”) and an end user ("End User")
of the i2Telecom IP-enabled Communications Service. Any i2Telecom
hardware device, software program or application, or a combination thereof (the
"Services") provided by i2Telecom to End User shall be governed by the
terms and conditions herein. By activating the
Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between
End User and i2Telecom by, among other things, requiring (1) MANDATORY
ARBITRATION OF DISPUTES; and (2) LIMITING i2Telecom's LIABILITY UNDER
THE AGREEMENT. End User acknowledges that they are of legal age to enter into
this Agreement.
1.
TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and
replace any and all terms and conditions set forth in any documents issued by
End User, including, without limitation, purchase orders, and specifications.
ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH
DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY i2Telecom,
AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE
RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON i2Telecom. No
waiver or amendment to this contract or these terms and conditions shall be
binding on i2Telecom unless made in writing expressly stating that it is
such a waiver or amendment and signed by an Officer of i2Telecom.
2.
TERM. The term of this Agreement ("Term") begins on the date that End User
purchases Services and continues for the duration of the service period as
defined by the service plan that is selected by End User ("Plan"). Subsequent
terms of this Agreement automatically renew on a monthly basis without further
action by End User unless End User gives i2Telecom written notice of
non-renewal at least ten (10) days before the end of the monthly term in which
the notice is given. End User is purchasing the Service for full monthly terms,
meaning that if End User attempts to terminate Service prior to the end of a
monthly term, End User will be responsible for the full month's charges to the
end of the then-current term, including, without limitation, unbilled charges,
all of which immediately become due and payable. Expiration of the term or
termination of the Services does not excuse the End User from paying all
unpaid, accrued charges due in relation to the Agreement hereunder.
3.
911 & SERVICE LIMITATIONS. The Federal Communications Commission (FCC)
requires that i2Telecom provide E911 Service to all End Users who use i2Telecom
services within the
United
States
. Sections 3.1-3.7 apply to all End Users who use i2Telecom
services within the
United
States
. Section 3.8 applies to all End Users.
3.1.
911 ACKNOWLEDGEMENT.
END USER ACKNOWLEDGES THAT i2Telecom'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 3 AND END USER AGREES TO NOTIFY ANY
POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING END USER'S SERVICES,
OF THE 911 LIMITATIONS DESCRIBED HEREIN. i2Telecom
WILL PROVIDE END USER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND
REQUEST ACKNOWLEDGMENTS FROM END USER. END USER AGREES TO RESPOND AND
AFFIRMATIVELY ACKNOWLEDGE THAT i2Telecom
HAS ADVISED END USER OF THE CIRCUMSTANCES UNDER WHICH I2TELECOM E911
SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911
EMERGENCY DIALING. i2Telecom
ADVISES END USER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911
SERVICES.
3.2.
ELECTRICAL POWER. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN
THE ABSENCE OF ELECTRICAL POWER.
3.3.
INTERNET ACCESS. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF
THERE IS AN INTERRUPTION OF END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS
SERVICE.
3.4.
NON-VOICE SYSTEMS. END USER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO
FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL
MONITORING EQUIPMENT, TTY EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISION
SYSTEMS. END USER HAS NO CLAIM AGAINST i2Telecom
FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
3.5.
I2TELECOM E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND
SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, TOLL-FREE
NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. E911 SERVICE IS
ONLY AVAILABLE IN SELECTED AREAS. END USERS WHO SUBSCRIBE TO I2TELECOM
E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR
EQUIPMENT WITH i2Telecom ON
THE www.voicestick.com WEBSITE
AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE
CHANGES. END USER ACKNOWLEDGES THAT i2Telecom’S
ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE
PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. END USER
ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO
AN EMERGENCY OPERATOR BY i2Telecom
WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED TO I2TELECOM BY END
USER. IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT BEEN UPDATED OR IS
NOT COMPLETE, i2Telecom MAY
ATTEMPT TO ROUTE A 911 CALL BASED UPON THE BILL-TO OR SHIP-TO ADDRESSES
ASSOCIATED WITH THE END USER’S ACCOUNT OR INITIAL ORDER.
3.6.
END USER ALSO ACKNOWLEDGES THAT I2TELECOM E911 SERVICE HAS CERTAIN
CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY,
and CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE I2TELECOM
E911 SERVICES UNSUITABLE FOR SOME END USERS. BECAUSE END USER CIRCUMSTANCES
VARY WIDELY, END USERS SHOULD CAREFULLY EVALUATE THEIR OWN CIRCUMSTANCES WHEN
DECIDING WHETHER TO RELY SOLELY UPON I2TELECOM E911 SERVICE. END USER
ACKNOWLEDGES THAT IT IS END USER'S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY
OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET END USER'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 I2TELECOM E911 SERVICE FROM TRADITIONAL, LEGACY,
CIRCUIT-SWITCHED 911 SERVICE:
**
I2TELECOM E911 SERVICE WILL NOT FUNCTION IF END USER'S PHONE OR COMPUTER
FAILS OR IS NOT CONFIGURED CORRECTLY OR IF END USER'S I2TELECOM 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, END
USER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO
USE THE I2TELECOM SERVICE, INCLUDING FOR E911 PURPOSES.
**
AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND
UPDATE TO END USER’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 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 I2TELECOM 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 I2TELECOM E911 CALL. DUE TO TECHNICAL FACTORS IN
NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE I2TELECOM NETWORK,
THERE IS A POSSIBILITY THAT A I2TELECOM 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 END USER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE I2TELECOM
EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, I2TELECOM
E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY
OPERATOR.
3.7.
END USER ACKNOWLEDGES AND UNDERSTANDS THAT i2Telecom
WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY
OTHER EMERGENCY TELEPHONE NUMBER USING I2TELECOM OR TO ACCESS AN
EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND
LIMITATIONS SET FORTH IN THIS AGREEMENT. END USER AGREES TO DEFEND, INDEMNIFY,
AND HOLD HARMLESS i2Telecom,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE
PROVIDER WHO FURNISHES SERVICES TO END USER 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,
END USER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR
OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
4.
EQUIPMENT. To provide the Services, i2Telecom may provide Equipment to
End User. All Equipment shipments are F.O.B. i2Telecom's facility. i2Telecom's
liability for delivery shall cease, and title (if applicable) and all risk of
loss or damage shall pass to End User upon delivery to carrier. End User shall
be required to obtain authorization from i2Telecom to return any
Equipment. i2Telecom will provide replacement
Equipment only if the Equipment is deemed to be defective and covered under the
warranty. i2Telecom
will not cover replacement for lost, stolen, or modified equipment.
Equipment returned by End User that is not covered under warranty may be
refused by i2Telecom, and End User will be responsible to pay return
shipping charges.
5.
BILLING, CHARGES, AND PAYMENT.
5.1.
PAYMENT. Upon purchase of the Service, End User must provide i2Telecom with
a valid credit card number from an issuer that is accepted by i2Telecom.
End User authorizes i2Telecom to charge the credit card number provided
by End User ("Credit Card") for all charges arising from End User's use of the
Services. End User agrees to notify i2Telecom of any change to the
credit card information including, but not limited to, changes in account
number, expiration date, or billing address. i2Telecom
shall not be responsible for any charges made by the Credit Card issuer to End
User's Credit Card account for exceeding credit limit, insufficient funds, or
other reasons.
5.2.
CREDIT TERMS. All Services provided to End User and covered by the Agreement
shall at all times be subject to credit approval or review by i2Telecom.
End User will provide such credit information or assurance as is requested by i2Telecom
at any time. i2Telecom, in its sole discretion and judgment, may
discontinue credit at any time without notice or require a deposit.
5.3.
BILLING. i2Telecom
bills End User monthly for the Services to End User's Credit Card. Such charges
shall include monthly service fees, shipping charges, equipment charges, toll
charges, taxes, and any other applicable charges. Monthly service fees are paid
in advance of each month's service; toll charges and any other applicable
charges are billed subsequent to the end of each month's service.
i2Telecom reserves the right to
charge the Credit Card for cumulative charges due, if at any time End User's
out-of-plan toll minutes for the current month exceed ten dollars ($10.00).
Billing for monthly service fees commences upon purchase of the Services on the
web site, and the End User’s bill date is based on the date monthly service
fees first commence.
5.4.
LATE/NON-PAYMENT. If any charges for the Services are due but unpaid for any
reason including, but not limited to, non-payment or declined Credit Card
charges, i2Telecom may suspend or terminate the Services and all accrued
charges shall be immediately due, plus a late fee of the lesser of 1.5% per
month or the maximum allowed by law accrued from the date of invoice until
payment in full is received by i2Telecom. No suspension or termination
of the Services or of this Agreement shall relieve End User from paying any
amounts due hereunder.
5.5.
TAXES. 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 End User and will be
added to any amounts otherwise charged to End User unless End User provides i2Telecom
with an appropriate exemption certificate. If any amounts paid for the Services
by End User are refunded by i2Telecom, applicable taxes may not be
refundable.
5.6.
TRIAL PERIOD. i2Telecom offers a thirty (30) day Money Back trial period
to new End Users for their first VoiceStick Monthly Subscription account.
The Trial Period commences upon the purchase of Services by End User on the VoiceStick
web site. If End User is not satisfied with the Services during the Trial
Period, End User may obtain a refund of the Equipment cost, and any monthly
service fee. Return shipping charges will not be refunded. To obtain a refund,
End User must: a) Notify i2Telecom within thirty (30) days of purchase
of the Services on the web site and obtain a return material authorization
number from i2Telecom for the Equipment and, b) and Return the Equipment
to i2Telecom within seven (7) days of cancellation of the Services in
its original, unaltered condition with all packaging intact. The Trial Period
refund shall not apply to End Users that have trial period usage in excess of
Three Hundred (300) minutes.
5.7.
RATE CHANGES. i2Telecom may change the prices
for the Services and toll charges from time to time.
i2Telecom may change prices, plans,
taxes, or fees without any advance notice.
In the event of a change in prices or toll charges, i2Telecom will post
such changed rates to the web site currently located at
http://www.voicestick.com/.
5.8.
CREDITS. End User acknowledges and agrees that the Services are provided "as
is, where is.” Credit allowances for interruption of the Services shall not be
provided.
5.9.
DISCOUNTS. From time to time in its sole discretion, i2Telecom may offer
promotions or discounts of activation or other fees. Any promotion or discount
codes must be entered by End User upon purchase of the Services. End User 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.
5.10.
BILLING DISPUTES. End User must dispute any charges for the Services in writing
within thirty (30) days of the date of the charge by i2Telecom or End
User waives any objection and further recourse. Written statements disputing
charges must be sent to:
Billing
Department
i2Telecom, Inc.
5070 Old Ellis Pointe,
Suite
110
Roswell,
GA
30076
5.11.
ANNUAL PLAN PLUS. The $199.99 annual service fee for the Annual Plan Plus is
payment for twelve consecutive months of service which commences on the
Activation Date. End User will be responsible for any additional charges (such
charges shall include shipping charges, equipment charges, toll charges, taxes
and any other applicable charges) for services or usage not covered by the plan
which will be billed on a monthly basis.
Early termination of the annual plan, either requested by the customer or
imposed by the company for Terms of Service abuse reasons will be refunded
based on a pro rata charge of the normal month to month plan rate of $19.99 and
a charge of $39.97 for the cost of devices provided in this plan.
At the conclusion of the annual period, the Service will automatically renew to
the Annual Plan Plus for another year of service, unless End User chooses to
switch to an alternate pricing plan or cancel service prior to the anniversary
of the Activation Date.
6.
TOLL CHARGES. Every call to or from Equipment using the Services that originate
or terminate 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
States
and
Canada
to a non-I2Telecom phone number will be charged at the current rates
published on the i2Telecom www.VoiceStick.com
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 End User dials an International PSTN
phone number, charges may apply regardless of whether the party on the other
line answers the call. Calls made by an End User to an International mobile,
rather than landline, or information services or premium rate telephone number
may result in higher toll charges. These toll charges are listed on the i2Telecom
www.VoiceStick.com website. Calls
originated with customer have a GMT time stamp.
7.
TELEPHONE NUMBER. Any telephone number provided by i2Telecom ("Number")
to the End User shall be leased and not sold. End User is not to use the Number
with any other device other than the Equipment without the express written
permission of i2Telecom. i2Telecom reserves
the right to change, cancel, or move the Number at its sole discretion.
8.
LOST, STOLEN, ALTERED, OR BROKEN EQUIPMENT. End User shall not modify the
Equipment in any way without the express written permission of i2Telecom.
End User shall not use the Equipment except with the Services provided
hereunder. Except as otherwise provided for hereunder, End User 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. End User
shall immediately notify i2Telecom of any lost or stolen Equipment and
shall cooperate with i2Telecom in all reasonable aspects to eliminate
actual or potential unauthorized use of the Equipment. At i2Telecom's
sole option, failure to report lost or stolen equipment in a timely manner will
cause End User to be responsible for all service fees accrued until the time
that i2Telecom is informed of the loss or theft and can effect a
termination of the Services.
9.
PROHIBITED USES. Any use of the Services or any other action that causes a
disruption in the network integrity of i2Telecom or its vendors, whether
directly or indirectly, is strictly prohibited and could result in termination
of the Services at the sole discretion of i2Telecom. End User
understands that neither i2Telecom nor its vendors are responsible for
the content of the transmissions that may pass through the Internet and/or the
Services. End User 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), infringe the rights of others, or interfere
with the users, services, or equipment of the network. End User 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 i2Telecom.
10.
PERSONAL USE. i2Telecom's Service Plans for residential End Users are
for the reasonable personal residential use of End User only. Usage above 3500
minutes inconsistent
with regular residential usage patterns as defined by i2Telecom
for Residential plans. Usage above 4200 minutes inconsistent with
regular business usage patterns as defined by i2Telecom
for Business plans. Minutes used in excess will be billed at current
Next 2 Nothing per minute plan rates for each overage minute.
End User is not to resell or transfer the Service or Equipment to any other
person for any purpose, without express written permission from i2Telecom
in advance. End Users shall not use the Services for commercial or governmental
purposes, or for profit or non-profit activities, including, but not limited
to, home office, business, sales, tele-commuting,
autodialing, continuous or extensive call forwarding, continuous connectivity,
fax broadcast, fax blasting, telemarketing, 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 personal and residential
usage. End User shall not transmit through the Service any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable material of any kind or nature. End Users 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. End User
agrees to notify i2Telecom immediately if usage of the Services changes
from personal residential to business use and to subscribe to a business plan.
i2Telecom reserves the right to immediately terminate or
modify the Services of any End User if i2Telecom determines, in its sole
discretion, that End User is not using the Services for End User's reasonable
personal residential use.
11.
COMMERCIAL USE. End User agrees that the use of the Service and/or Equipment
for activities other than reasonable personal residential use will obligate End
User to pay i2Telecom's higher rates for business services for all
periods of such use, including past periods, in which End User used the Service
for commercial or governmental purposes. If End User subscribes to I2Telecom’s
business plan ("Business Plans"), the Service and Equipment are provided to End
User as a small business user. This means that End User is not to resell or
transfer the service or Equipment to any other person for any purpose, without
express written permission from i2Telecom in advance. End User agrees
that i2Telecom Business Plans do not confer the right to use the service
for auto-dialing, continuous, or extensive call forwarding, telemarketing
(including without limitation charitable or political solicitation or polling),
fax broadcasting, or fax blasting. i2Telecom reserves
the right to immediately terminate or modify the Service, if i2Telecom determines,
in its sole discretion, that End User's Business Plans' Service is being used
for any of the aforementioned activities.
12.
CHANGES TO THE AGREEMENT, SERVICES, OR PLAN. i2Telecom
reserves the right to make changes to the terms and conditions of this
Agreement, the Services, and/or the Plan (a "Change of Service"). In the event
of a Change of Service, i2Telecom will post to the Web Site currently
located at http://www.voicestick.com/Information/TermsofService.aspx.
Notice will be considered received by End Users and such changes will become
binding to End Users, on the date the changes are posted to the Web Site
("Change Date"), and no additional notice will be required. If End User does
not send i2Telecom notification of their desire to terminate this
agreement or uses the Service after the Change Date, End User is deemed to have
accepted and consented to the change of terms and conditions of the Service. If
End User does not consent to the change of service and terminates this
agreement, End User will be responsible for any sums due hereunder in addition
to any applicable Disconnection Fee. End User 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.
13.
TERMINATION. End User agrees to provide i2Telecom with ten (10) days
notice of termination. End User shall be responsible for the full monthly
service fee for the month during which the notice of termination of service is
provided to i2Telecom. i2Telecom reserves the right, at its sole
discretion, to suspend, terminate or change the Services without advance notice
for any reason, including without limitation, misuse of the Services in any
way, End User's breach of this Agreement, End User's failure to pay any sum due
hereunder, suspected fraud or other activity by End User that adversely affects
the Services, i2Telecom, i2Telecom's network or other End Users'
use of the Services. i2Telecom reserves the
right to determine, at its sole discretion, what constitutes misuse of the
Services and End User agrees that i2Telecom's determination is final and
binding on End User.
i2Telecom may require an activation fee to change or resume a
terminated or suspended account.
14.
PRIVACY. I2Telecom utilizes the public Internet and third party networks
to provide IP-enabled communication services. Accordingly, i2Telecom cannot
guarantee the security of fax, voice, and video communications of End User. I2Telecom
is committed to respecting an End User's privacy. Once End User chooses to
provide personally identifiable information, it will only be used in the
context of the End User's relationship with i2Telecom.
i2Telecom will not sell, rent, or lease End Users'
personally identifiable information to others. Unless required by law or
subpoena or if End User's prior permission is obtained, i2Telecom will
only share the personal data End User provides with other i2Telecom entities
and/or business partners that are acting on i2Telecom's behalf to
complete the activities described herein. Such i2Telecom entities and/or
national or international business partners are governed by i2Telecom's
privacy policies with respect to the use of this data.
i2Telecom is required to file numerous reports
with different administrative bodies. As such, i2Telecom may provide
aggregate statistics about customers, sales, and traffic patterns. None of
these reports or statistics will include personally identifiable information.
However, i2Telecom reserves the right to use personally identifiable
information to investigate and help prevent potentially unlawful activity that
threatens either i2Telecom or any company affiliated with i2Telecom.
Moreover, upon the appropriate request of a government agency, law enforcement
agency, court or as otherwise required by law, i2Telecom may disclose
personally identifiable information.
15.
RETURNS AND ADJUSTMENTS. No Equipment may be returned by End User for any
reason without prior approval of i2Telecom. All returns shall be in
original packaging or equivalent. End User shall be responsible for all costs
related to shipping to i2Telecom any Equipment that is being returned.
Any Equipment returned to i2Telecom without prior authorization for its
return or proper packaging may be refused. In order to obtain an appropriate
refund, upon cancellation End User must immediately obtain a return material
authorization number from i2Telecom, return to i2Telecom 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 i2Telecom an amount equal to the
fair retail price of the equipment minus any payments End User had previously
paid specifically for said Equipment.
16.
TECHNICAL SUPPORT. i2Telecom
provides technical support to End Users via telephone and e-mail for the
Services and the Equipment provided hereunder. Support for other applications
and uses is not provided or implied.
17.
BREACH. In the event of End User's breach of the terms of the Agreement,
including without limitation, failure to pay any sum due hereunder, End User
shall reimburse i2Telecom for all attorney, court, collection and other
costs incurred by i2Telecom in the enforcement of i2Telecom's
rights hereunder and i2Telecom may keep any deposits or other payments
made by End User.
18.
INDEMNIFICATION. End User agrees to defend, indemnify, and hold i2Telecom,
its affiliates, and its vendors harmless from any claims or damages relating to
this Agreement.
19.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
i2Telecom 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 LIFE, INJURY, 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
i2Telecom OR ITS VENDORS OR OTHERWISE.
20.
WARRANTY AND LIABILITY LIMITATIONS. i2Telecom
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER I2TELECOM NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS
TO I2TELECOM'S OR END USER'S TRANSMISSION FACILITIES OR PREMISE
EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF
END USER'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 I2TELECOM'S OR ITS VENDORS' NEGLIGENCE. ANY
CLAIM AGAINST I2TELECOM MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE
CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND I2TELECOM
HAS NO LIABILITY THEREAFTER. I2TELECOM'S
LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT, OR REFUND.
I2TELECOM 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, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER
THAN I2TELECOM. IN NO EVENT SHALL I2TELECOM'S TOTAL LIABILITY
HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO I2TELECOM IN THE PRIOR
TWELVE (12) MONTHS FROM DATE OF CLAIM.
21.
EXPORT COMPLIANCE. End User agrees to comply with
U. S.
export laws concerning the transmission of technical data
and other regulated materials via the Services. End User agrees to comply with
applicable local, state, and federal regulations governing the locality in
which the Equipment and Services are used.
22.
PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation, or
termination of the Services, End User shall relinquish and discontinue use of
any Numbers, voice mail access numbers, and/or web portals assigned to End User
by i2Telecom or its vendors.
23.
SOFTWARE COPYRIGHT. Any software used by i2Telecom to provide the
Services and any software provided to End User in conjunction with providing
the Services are protected by copyright law and international treaty
provisions. End User may not copy the software or any portion of it.
24.
SURVIVAL. The provisions of section 3, 5, 15, 16, 17, 18, 19, 20, 25, and 27
shall survive any termination of the Agreement.
25.
NOTICES. i2Telecom
communicates with End Users primarily via email. Notices to End User shall be
sent to the email address specified by End User at the time of registration for
the Services or as subsequently specified by End User ("Email Address"). End
User is responsible for notifying i2Telecom of any Email Address
changes. End User agrees that sending a message to the Email Address is the
agreed upon means of providing notification. Email is 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 End User read any email sent to the Email Address in a timely manner in
order to avoid any potential interruption in the Services provided hereunder.
26.
FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). i2Telecom
shall not be liable for any delay in performance directly or indirectly caused
by or resulting from acts of God, fire, flood, accident, riot, war, government
intervention, embargoes, strikes, labor difficulties, equipment failure, late
delivery by suppliers, or other difficulties of i2Telecom as may occur
in spite of i2Telecom's best efforts.
27.
GOVERNING LAW / RESOLUTION OF DISPUTES.
27.1.
Mandatory Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT,
EXCEPT AS NOTED BELOW, END USER, AND I2TELECOM WILL ARBITRATE ANY
DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE
PROVISION OF SERVICES OR PRODUCTS TO END USER, 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 End User to arbitrate claims against other parties relating to
Services or Products provided or billed to End User if Claims are asserted
against i2Telecom 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. End
User will pay the published share of the arbitrator’s fees and administrative
expenses (“Fees and Expenses”) except that: (a) for Claims less than $20, i2Telecom
will pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, End
User will pay only $20 in Fees and Expenses, or any lesser amount as provided
under AAA’s Supplemental Procedures for Consumer-Related Disputes. End User and i2Telecom
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 End User requests an arbitration hearing, that
hearing will take place either telephonically or in
Roswell, Georgia.
27.2.
Pre-filing Notice of Claim. BEFORE INSTITUTING ARBITRATION OR SUIT, END USER
AGREES TO PROVIDE i2Telecom
WITH AN
OPPORTUNITY
TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO
i2Telecom AT THE ADDRESS BELOW. IF
i2Telecom IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF
RECEIPT OF NOTICE, THEN END USER OR i2Telecom
MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 28.1. All claim
notices should be sent to:
Director
of Customer Service
i2Telecom, Inc.
5070 Old Ellis Pointe, Suite 110
Roswell, GA 30076
27.3.
Governing Law. The Agreement and the relationship between End User and i2Telecom
shall be governed by the laws of the State of
Georgia
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 28.1, End User and i2Telecom agree
to submit to the personal and exclusive jurisdiction of the courts within the
state of
Georgia, to the extent
possible in
Fulton
County
, and waive any objection as to venue or
inconvenient forum. The failure of i2Telecom 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. End User 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.
28.
ENTIRE AGREEMENT. The terms and conditions of this Agreement, along with
the rates posted to the web site currently located at
http://www.voicestick.com/, constitute the entire agreement with regard to this
sale 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 i2Telecom and End
User.
TOS 2/18/2008 Version 2.2