Terms and Conditions of Cabertel Services
Last Updated: 09/05/2024
This Agreement governs Your use of Cabertel Services ("Services"), including the Cabertel Website. This Agreement is between Cabertel ("Cabertel") and the legal entity You represent by signing up for any Service, using the Service, or downloading, installing, or using any Application (herein after referred to as "You," "User" or "Customer") regarding Cabertel's Service (as defined herein), and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this Agreement. If Customer is an individual entering this Agreement on behalf of Your Company, You represent and warrant that You have the authority, are competent to do so, and are 18 years or older in age.
1. End User License and Restrictions
1.1. Cabertel grants You a limited, personal, revocable, non-exclusive, non-sub licensable, non-assignable, non-transferable, non-resellable license and right to use the Cabertel Services and Applications in strict accordance with this Agreement. All rights not expressly granted under this Agreement are retained by Cabertel.
1.2. No Grant of Intellectual Property Rights: You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, "IP Rights") in the Applications and Services are and shall remain the sole and exclusive property of Cabertel and its licensors. Nothing in this Agreement intends to or shall grant, transfer, or assign any IP Rights to, or vest any IP Rights in, You. You are only entitled to the limited use of the rights expressly granted to You in this Agreement. You will not take any action to jeopardize, limit, or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that may be accessed through the Applications or Services is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
1.3. No Grant of Rights to Third Parties and No Resale: You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Applications or Services or any part thereof without Cabertel's prior written consent. If You are interested in reselling products or services offered by Cabertel, You are encouraged to contact Cabertel directly.
1.4. No Modifications: You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Applications or Services, or any parts thereof. You agree not to intercept, capture, emulate, decrypt, or redirect the communications protocols used by Cabertel for any purpose, including without limitation causing the Applications to connect to any computer server or other device not authorized by Cabertel or in a manner not authorized by Cabertel.
1.5. New Versions of the Software: Cabertel, in its sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Applications and Services. You acknowledge and agree that Cabertel has no obligation to make available to You any subsequent versions of the Applications or Services. You also agree that You may have to enter into a renewed version of this Agreement if You want to download, install, or use a new version of the Software. In addition, You and Cabertel acknowledge that no Third-Party has any obligation whatsoever to furnish maintenance or support services with respect to the Applications or Services and that Cabertel is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable law.
2. Definition of Service
2.1. Cabertel VoIP phone service is an enhanced voice communication service that uses a data network (Internet) to transport voice communications that have been converted into data packets. For purposes of this Agreement, the term "Service" shall mean Cabertel VoIP phone service, including all other features, products, applications and services provided by Cabertel under the pricing plan that You have selected (including SIP Trunking service). For purposes of this Agreement, "Device" shall mean a Cabertel-provided telephone, telephone adapter ("Adapter"), router, or other networking equipment provided by Cabertel.
3. Customer Representations
3.1. Service Registrations: Upon signing up for the Service and at subsequent times as requested by Cabertel, You agree to provide to Cabertel Your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, 911 registered address for each applicable device, email address, contact phone number, payment method information, and other data which may be necessary to administer Your Cabertel account ("Account") (collectively, "Registration Data"). You represent and warrant that the information You provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If You provide Registration Data that is, or that Cabertel suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Cabertel has the right, in its sole discretion, to suspend or terminate the Service and refuse any and all current or future use of all Services by You, Your business(es), affiliates and all users of Your Account. At all times, You shall maintain and promptly update Registration Data.
3.2. You represent and warrant that You possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that You are 18 years or older in age. You represent and warrant that You will not use the Applications or Services in environments requiring fail-safe performance or in which the failure of the Applications or Services could lead directly to death, personal injury, or severe physical or environment damage. You represent and warrant that the Registration Data, user name, contact information, Registered Location(s), and all other information provided in connection with Your Cabertel Account are true and correct at all times. You understand that Cabertel relies on the information You supply and that providing false or incorrect information may result in Service provisioning and delivery delays, the suspension or termination of Your Service and the inability of a 911-dialed call to be correctly routed to emergency service personnel, as further explained below (see Section 13). You represent and warrant that You will not use the Applications or Services in violation of the Use Policy herein (see Section 14).
3.3. You agree to be financially responsible for Your use of the Applications or Services, including the authorized or unauthorized use of Your Account. In order to use the Applications or Services, You must have properly configured and working Internet service, and any other service required to use Cabertel Services (e.g. Cellular Services and/or landline services) and hereby agree, at Your sole expense to: (1) obtain access to Your own Internet service (and any other required Services) with a third party provider other than Cabertel; (2) be responsible for payment of Internet connection or service fees and all equipment necessary to establish a connection to such Internet service, as may be required to use the Applications or Services; (3) supply and pay third-party providers for all additional phone service and features required for Your use of the Applications or Services; and (4) pay Cabertel for the Applications or Services.
4. Use of Service and Device
4.1. User Responsibility: You agree that You are responsible for all use(s) related to Your account. You understand this means that You accept full liability and responsibility for Your actions or the actions of anyone who uses the Service via Your account with or without Your permission. You acknowledge that Cabertel will be sending You information, including Your portal password, via e-mail over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information and telephone calls You transmit over the Internet. In order to maintain the security of Your Service, You should safeguard Your User IDs and Passwords, as well as the media access control (MAC) address of any Devices. The MAC address is one of the pieces of information used by Cabertel to authenticate customer calls and should not be shared.
4.2. Use of Service and Device by Customers Outside the United States and Canada: While Cabertel encourages use of the Service within the United States and Canada to other countries, Cabertel does not presently offer or support the Service to customers located in any countries other than the United States and Canada. Cabertel's Services are only for use by persons or entities whose primary residence or business address is in the United States and/or Canada. Cabertel's Services are designed to work generally with unencumbered high-speed Internet connections. However, if the high-speed Internet connection You are using is outside the United States or Canada and/or Your ISP places restrictions on the usage of VoIP services, Cabertel does not represent or warrant that use of the Service by You is permitted by any other jurisdictions or by any or all the ISPs. If You remove the Device to a country other than the United States or Canada or use the Service from there, You do so at its own risk, including the risk that such activity violates local laws in the country where You do so. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. You also agree to indemnify us for any claims, damages or expenses resulting from Your use of the Services outside of the United States and Canada. Cabertel reserves the right to disconnect Services immediately if Cabertel determines, in its sole and absolute discretion, that You have used the Service or the Device in violation of applicable laws, including without limitation laws of jurisdictions outside the United States and Canada. You are solely liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to You.
4.3. Account Ownership: The owner of the account under which the Services are ordered shall be the legal entity (e.g., corporation, partnership, individual, etc.) that signs up for the Services with Cabertel. If no legal entity is provided upon sign-up, the account owner shall be the owner of the payment method used to open such account. Subsequent changes to ownership must be supported by appropriate legal documentation. Cabertel shall not adjudicate ownership-related disputes, or any other internal business dispute. If Cabertel is unable to determine the valid owner of the account, Cabertel reserves the right to suspend or terminate the account and Services.
4.4. No Transfer of Service: You may not resell or transfer Your Service or Your Device or provide a telephone service to anyone else by using Your Cabertel service or features of Your Cabertel service without first obtaining our prior written consent.
4.5. No Alterations or Tampering: If You copy or alter or have someone else copy or alter the firmware or software of the Device in any way that facilitates a compromise of Your service, You are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our Service or make any use of our Service that is inconsistent with its intended purpose.
4.6. Theft of Service: You may not use or obtain our Service in any manner that avoids Cabertel policies and procedures, including an illegal or improper manner. You will notify us immediately in writing if Your Device is stolen or if You believe that Your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When You notify us of one of these events, You must provide Your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If You fail to notify us in writing in a timely manner, we may disconnect Your service and levy additional charges on You. Until You notify us in writing, You will remain liable for all use of our Service using a Device stolen from You and any and all stolen, fraudulent or unauthorized use of the Service up through the date notice is received by Cabertel.
5. Devices
5.1. Ownership and Risk of Loss: You will own the Device and bear all the risk of loss, theft, or damage regardless of the payment schedule selected for Services and Devices. Minimum Commitment Contracts for Services and Devices may include early termination fees.
5.2. Promotional Devices: Devices included in a Service offering at no charge may be previously used equipment.
5.3. Replacement of a Defective Device: Devices purchased from Cabertel will be covered by their respective factory warranties only. Cabertel does not offer any warranty in addition to, or in replacement of any factory warranties. Prior to returning the equipment, You must contact Cabertel at support at cabertel dot com so that Cabertel 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 Cabertel in accordance with all RMA procedures. You have 7 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. If an advance replacement is provided and the factory has not received the defective Device within 14 days or it was not in a returnable condition, (original carton, all packing materials and parts in the same condition in which You received them), then Cabertel will charge You for the second device or for the missing parts.
5.4. Receipt of damaged Devices: If You receive cartons or Devices that are visibly damaged, You must note the damage on the carrier's freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which You received them from the carrier. You must then contact our Customer Care Department immediately at support at cabertel dot com for return instructions.
5.5. Tampering with the Device: You may not change the electronic serial number or equipment identifier of Your Device or perform a factory reset of Your Device without first getting our written consent.
5.6. Prohibited Devices: You are prohibited from using the Services with any devices other than Cabertel approved devices received from retailers or from us.
5.7. Device Return Policy:
5.7.1. Shipping: You are responsible for and agree to pay for all shipping and handling charges associated with returning any Device, whether the Device was purchased through Cabertel or the Device was supplied by Cabertel free of charge.
5.7.2. Promotional Device Return: If You cancel your Cabertel service within the first 12 months from activation You must return any promotional Devices provided as part of Your Service(s). Any Devices that you purchased through Cabertel do not have to be returned to us.
5.7.3. Device Return: All Devices being returned to Cabertel must be fully functional and include all components, manuals, peripheral devices, and all other accessories that were originally shipped with the Device. During the cancellation process you will receive an RMA number for the Device(s). You must ship the Device(s) to the address provided by Cabertel in accordance with all RMA procedures. You have 14 days after receipt of an RMA to ship the Device back to the address we provide. Devices not returned within 14 days upon cancellation of the Service will be charged to the customer.
6. Local Number Portability
6.1. Cabertel works with third party carrier(s) who, on Cabertel's behalf, port telephone numbers in accordance with applicable Regulatory Rules and Industry Guidelines. Cabertel's third-party carrier(s) require very specific and detailed information and requirements when completing a port request.
6.2. In the event You are transferring an existing phone number that currently is subscribed to another carrier, the following terms and conditions apply:
6.2.1. You acknowledge and understand that number porting depends on the cooperation of third parties outside of Cabertel's control. Accordingly, You agree that Cabertel will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party.
6.2.2. Authorization: You hereby authorize Cabertel to process Your order for the Service and to notify Your local service provider of Your decision to switch Your local services to Cabertel and to transfer Your telephone number, and represent that You are authorized to take these actions. You may be required to complete a letter of authorization (LOA), provide us with a copy of Your most recent bill from Your service provider, as well as provide us with any other information required by Your service provider to port Your number. Failure to provide any information requested by Cabertel or the third party services provider will delay the porting of the number to Cabertel. Cabertel shall not be responsible for any delay in the port of Your number and will not provide credit for any such delays.
6.2.3. Activation: You agree and acknowledge that You must install and activate Your Device and Service prior to the date that the number switch becomes effective. You will be able to use the Service to place calls until such time as Your phone number is transferred to our Services. Once the phone number transfer is complete you will be able to place and receive calls using the Service and will be able to cancel Your previous local phone service. In some cases, You may be assigned a temporary telephone number until Your transfer is completed.
6.2.4. Limitation: Cabertel has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number. Cabertel cannot guarantee requested telephone numbers will be available, that Your existing provider will port Your number, or that circumstances beyond Cabertel's control will not prevent or delay a successful port of Your number for the Services. You should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until that telephone number becomes active on Your Account. Cabertel shall not be liable for reimbursement for press releases, business cards, and/or stationery under any conditions.
6.3. Porting out of Cabertel: You may be able to take, or "port" your current number to another service provider. Once your port is completed through your new service provider, you must cancel your Cabertel Service. Until you cancel service with Cabertel, you will remain a Cabertel customer, and you will continue to be responsible for all charges and fees associated with your Service. If you cancel your Service prior to completion of the port, your Service will not work and your number may not be available for porting. Your account must be active and in good standing in order to port out your number.
7. Plan Credits, Minutes, Taxes, Fees and Charges
7.1. General: Please note that all prices, taxes, surcharges, and fees are subject to change at any time. You are responsible for paying all charges for Your Account, including but not limited to toll -free, local, long distance, international, additional feature charges, 411 and operator assisted charges, and directory assistance charges, and for all taxes, surcharges, and fees imposed on You or us as a result of Your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their payment method information on file.
7.2. Taxes, Fees, and Charges: All fees for Services advertised or otherwise listed on the Web site are exclusive of any federal, state, local sales, international excise, value-added, and similar taxes or fees and administrative or recovery fees or charges (collectively "Taxes and Fees"). You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services which are chargeable to or recoverable from customers by any federal, state, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Services by Cabertel, whether or not mandated by law or regulation. Should Cabertel pay or be required to pay such liabilities (including any Taxes and Fees that were due but not charged or previously collected), You agree that Cabertel may charge Your payment method on file for such payments upon receipt of an invoice and showing of indebtedness to Cabertel. If Customer is exempt from payment of such taxes, You will provide Cabertel with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Cabertel receives such certificate.
7.3. Plan Credits and Minutes: Cabertel offers several different plans for its products and Services. Some of the plans provide for a fixed number of monthly credits ("Monthly Credits"). All of the Plan Credits are quoted in terms of domestic minute usage within the continental United States and Canada, and may be referred to on the Web site or by a Cabertel Customer service representative as "minutes". As explained below, International Calling, including Alaska, Hawaii, and the US Territories, may be charged at a different rate than domestic calling, and a Plan Credit "minute" therefore will not entitle You to a minute of International calling.
7.4. Metered Calling Plans: Cabertel offers several monthly metered plans for some of its products and Services. Each metered calling plan provides You with a fixed number of Plan Credits each month for a monthly fee, excluding taxes, surcharges, and fees. When You exhaust Your initial paid allotment of Plan Credits for Your metered plan, unless You advise us otherwise in writing, additional minute usage will be debited at the applicable per minute rate(s) for Your metered plan. For International calling (including Alaska, Hawaii, and the US Territories), International rates will apply. Any unused Monthly Credits expire at the end of the relevant Service month and do not "roll over" to the next month.
7.5. International Calling: Because Plan Credits are quoted for domestic minute usage (continental United States and Canada), You may be charged additional Plan Credits and/or additional rates may apply if You use Your Plan Credits for International calling. International calling includes any calls outside of the continental United States and Canada, including Alaska, Hawaii, and the US Territories. Cabertel's current International rates are available by request via email (and/or may be available through the Website). To make International calls using the Services, You must purchase the minimum package of International calling credits. If You dial an International number and do not have any credits to make such call, You will automatically purchase the minimum package in order to complete such call. In addition, You may be charged any applicable Taxes and Fees associated with International calls. You are advised to refer to Your specific plan details regarding all domestic and International charges and all other terms and conditions of Your plan. Any unused International calling credits expire at the end of the relevant Service month and do not "roll over" to the next month.
7.6. Fraudulent Activity or Erroneous Charges: In the event of suspected fraudulent activity or erroneous charges on Your Account, You agree to contact Cabertel as soon as possible. In many cases, Cabertel can mitigate or correct fraudulent activity or erroneous charges without bank or credit card company intervention. If You suspect fraudulent activity or erroneous charges on Your Cabertel Account, please contact Cabertel customer support at 425-984-5888. When You contact customer support, please have the following information available: (a) Your name, contact information, and Cabertel Account telephone number in question; (b) the date that the Account in question was created; (c) the ppayment method used to open the Account; and (d) the total amount charged to the Account. If You do not contact Cabertel within thirty (30) days after the suspected fraudulent activity or erroneous charges appear on Your Account, You waive Your rights to object to or challenge such activity or charges. Furthermore, if You request that Your bank or credit card company perform a chargeback without first contacting Cabertel, and Cabertel subsequently determines that the charges at issue are not erroneous, Cabertel reserves the right to terminate Your Account immediately and take any available legal action, as well as add an additional $15 fee to any outstanding charges. Notwithstanding the above, You are solely liable for any transactions or activities by You or anyone else that occur on Your Account, and in no event shall Cabertel be liable for any unauthorized use of Your Account.
7.7. Charges for Directory Calls (411): We will charge You for each call You make to Cabertel directory assistance.
7.8. Charges for Calls from Public Payphones: We reserve the right to charge You for any tolls or fees resulting from calls You receive from public payphones.
7.9. Activation Fee: One-time activation fees and any other installation fees that may apply are specified on the Web site and vary by product and plan chosen.
7.10. Regulatory Recovery Fee: A Regulatory Recovery Fee shall be charged monthly to offset costs incurred by Cabertel 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 may apply to every phone number assigned, including toll free and virtual numbers.
7.11. Reinstatement Fee: Reinstating any service deactivated for non-payment of fees shall result in a reinstatement fee up to $50.
8. Billing and Payment
8.1. Payment Method: Cabertel accepts two forms of payment for services which are ACH payments from your bank account or credit card payments. Cabertel reserves the right to offer additional options without notification or change the options available at any time.
8.2. Billing: We will charge You in advance for each term of service. If You have selected a free trial offering, we will commence charging You for the Service at the expiration of the free trial period, unless we are notified of the contrary. When You subscribe to the Service, You must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting Your payment method or Your payments. You must advise us at once if Your payment method expires, You close Your account, Your billing address changes, Your email address changes, or Your payment method is cancelled and replaced on account of loss, theft, or fraud. Except for usage-based charges, we will bill in advance to Your payment method all charges, fees, taxes, and surcharges for each service term. We will bill You monthly for usage-based charges and any other charges which we decide to bill as due immediately. Bills will be emailed to the email address on record.
8.3. Payment: When You subscribe to the Service, You authorize Cabertel to collect from Your payment method. This authorization will remain valid until thirty (30) days after You terminate our authority to charge Your payment method.
8.4. ACH returns: A $5 fee will be charged for any ACH return, regardless of return reason, in addition to your regular service charge.
8.5. Collection: If we disconnect the Service, You will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney's fees. You also agree to pay any additional charges or fees applied to Your billing account for any reason, including but not limited to, interest and charges due to insufficient credit.
8.6. Notices: You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive Your rights under Regulation E to receive ten (10) days advance notice from us regarding the amount that we will debit from Your account. While we may send You messages about Your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to You.
8.7. Billing Disputes: You must dispute any charges for the Services in writing to Cabertel within thirty (30) days of the date of the charge by Cabertel. If You fail to provide a written statement explaining in reasonable detail Your reasons for disputing the charge within such time period, You hereby irrevocably waive any objection and further recourse with regard to such charges. Written statements disputing charges must be sent to billing@cabertel.com.
8.8. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate the charges to Your Account.
9. Pricing and Payment
9.1. Prices and Fees: Cabertel fees and charges for the Service are supplied to You during the ordering process unless otherwise provided for in this Agreement. You agree to pay any applicable one-time and recurring charges. You further agree that any applicable taxes and other charges, including but not limited to, account setup fees, Adapter fees, Device charges, shipping and handling and other nonrecurring charges will be charged to Your payment method. Recurring charges will be billed and automatically charged to Your payment method on the first day of every billing cycle. Your billing cycle will begin on the anniversary date of Your subscription date as defined in section 10.1.
9.2. YOU AGREE THAT WE MAY CHARGE YOUR CREDIT CARD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT. You agree to provide a credit card and not a debit card if you choose the credit card payment method. If Your card is a combination credit card/debit card, You authorize us to use it as a credit card. If Your issuing bank automatically provides us with an updated credit card, You agree that we may charge this new credit card for all amounts due to us without additional notice or consent. You also agree to indemnify us for any claims, damages or expenses resulting from providing a debit card instead of a credit card.
9.3. With respect to its advertising, offering, or sale of Services, or any other products (collectively, "Services"), Cabertel attempts to describe its Services as accurately as possible. Nevertheless, Cabertel does not warrant that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Services from its Website, marketing materials, promotional flyers, advertisements, or other printed or electronic materials (collectively, "Product Materials") is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that Services may be mispriced, described inaccurately, or that the Service may be unavailable. In the event Cabertel determines that a Service is mispriced, described inaccurately, or unavailable, Cabertel reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, canceling Your Account or subscription to the Services. You agree to notify Cabertel immediately if You become aware of any pricing or descriptive errors or inconsistencies with any Services You order through the Product Materials and comply with any corrective action taken by Cabertel.
9.4. Credit Terms: All Services provided to You and covered by the Agreement shall at all times be subject to credit approval or review by Cabertel. You will provide such credit information or assurance as is requested by Cabertel at any time. Cabertel, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.
9.5. Discontinuation of Service for Nonpayment: The Service to You may be denied or discontinued without notice at any time in the event Your payment method provider denies or discontinues providing credit to You for any reason, or You fail to provide us with a new payment method before the existing one expires or is unavailable. If Your payment method fails for any reason during the ordering process, or any regular or monthly billing process, You will have 2 business days to provide Cabertel Your new payment method information. If the payment method issue is not resolved within 5 business days, Cabertel will deactivate the Service. If Your payment method is approved within 24 hours, Your calling plan and billing cycle will remain unchanged. We reserve the right to modify the per-minute calling plan at any time. You agree to pay all charges owed to Cabertel, including but not limited to the reinstatement fee for reactivated services. In the event Cabertel utilizes a collection agency or resorts to legal action to recover monies due, You agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
9.6. Cancellation Policy: All cancellation requests must be submitted in the form of an email ticket to support at cabertel dot com or by calling our Customer Care Department at 425-984-5888 and must be made prior to the expiration of the Service term.
10. Length of Service
10.1. Service Term: Your license to the Applications and Services is provided for the term You have signed up for (the "Term"). The initial Term begins on the date that You sign up for the Services (the "Date of Purchase"), or the date we successfully process Your payment, whichever is later. It is not the day You receive the Device You ordered or the first time You use the Service. You are purchasing the Service for the full service term as set forth in the Order.
10.2. Automatic Renewal: The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to You unless You notify Cabertel customer service of non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise provided in Your Order. The renewal begins on the day after the last day of Your term. The renewal will be charged to Your payment method on file, which may include any payment method automatically updated by Your issuing bank. If Your payment method is declined, invalid, or payment is not made by the issuer of Your payment method on Your Subscription Date, without further notice Cabertel reserves the right to automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.
10.3. Our right to disconnect: We have the right to suspend or discontinue service generally, or to disconnect the Service, at any time. In addition, we reserve the right to immediately disconnect the Service at any time without notice due to non-payment or unlawful or inappropriate use of the Service.
10.3.1. All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
11. Termination of Service
11.1. Monthly Plan Customers: For monthly plan customers, You may cancel or terminate Your use of the Services with or without cause at any time by calling customer service at 425-984-5888, subject to the restrictions and fees provided in this Agreement, Your Services contract, and any additional agreements governing the Services.
11.2. Annual Plan Customers: For annual plan customers, You are purchasing the Service for the full length of the applicable Term. You have thirty (30) days from the Date of Purchase for a prorated refund in accordance with Your Services Contract. After thirty (30) days, if You terminate the Services prior to the end of Your Term, You are responsible for all charges for any remaining time left on the Term as if You remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, taxes, and fees, including any applicable disconnection fee. In addition, You will not be entitled to a refund for any unused portion of prepaid Term charges.
11.3. General: You understand and agree that Cabertel may at any time, and without additional notice to You, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Application or Services if:
11.3.1. Cabertel determines that You have materially breached this Agreement.
11.3.2. Cabertel determines that You have used a fraudulent payment method to pay for Service charges on Your Account.
11.3.3. Cabertel determines that You have verbally insulted, abused, or harassed any of its employees, contractors, agents, or other representatives.
11.3.4. You have failed to respond to Cabertel's calls or email attempts to contact You about Your Account.
11.3.5. Cabertel determines that You did not or will not reasonably comply or cooperate with any applicable law or regulation.
11.3.6. Cabertel is ordered by law enforcement or other government agencies to suspend or terminate Service to Your Account.
11.3.7. You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against Cabertel, or participate in any class action lawsuit against Cabertel.
11.3.8. Cabertel determines that You made any disparaging statement (whether written, oral, electronic, or otherwise) against Cabertel, its Services, or its employees, contractors, agents, investors, affiliates, or other representatives.
11.3.9. Cabertel determines that such action is necessary to protect, maintain, or improve the Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect Cabertel, its customers, or other third parties affiliated with Cabertel; or for any other good cause.
11.4. Upon any termination or suspension of Your Account, Cabertel may immediately deactivate or delete Your Account and all related information and files in Your Account and/or restrict any further access to such files, information, or the Applications or Services.
11.5. Cabertel shall not be liable to You or any third party for any reason for terminating or suspending Your use or access to the Applications or Services.
11.6. If You or Cabertel terminate or suspend Your right to use the Services, You shall not be entitled to any refund or pro ration of any pre-paid amounts, Plan Credits, international calling credits, or other amounts paid to Cabertel prior to the termination or suspension date.
12. Service Distinctions.
12.1. You acknowledge and understand that the Service is not a telephone service, and we provide it on a best efforts basis. Important distinctions exist between telephone service and the enhanced Service offering provided by Cabertel. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect Your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, Your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to Your use of and access to our service.
12.2. EMERGENCY SERVICES - 911 DIALING. You acknowledge and understand that Cabertel 911 dialing is different than traditional 911 services. YOUR SERVICE WILL NOT BE ACTIVATED UNTIL CABERTEL RECEIVES AN AFFIRMATIVE ACKNOWLEDGMENT THAT YOU HAVE READ AND UNDERSTOOD CABERTEL'S 911 DISCLOSURE AGREEMENT. See section 13 below.
12.3. No 0+ or Operator Assisted Calling; May Not Support X11 Calling: You acknowledge and understand that the Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, calling card calls or dial-around calls. Our Service may not support 311, 511, and other x11 services in one or more service areas.
12.4. Directory Listing: The phone numbers You get from us will NOT be listed in any telephone directories unless you request this additional service at an additional fee. However, any phone numbers You transfer from Your local phone company may continue to be listed.
12.5. Incompatibility with Other Services:
12.5.1. Non-Voice Equipment Limitations: You acknowledge and understand that the Service is not compatible with all non-voice communications equipment, including but not limited to, some home and office security systems that are set up to make automatic phone calls, emergency phones in elevators, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems and medical monitoring devices. By accepting this Agreement, You waive any claim You may have against Cabertel for interference with or disruption of such systems due to the Service.
12.5.2. Certain Broadband, Cable Modem, and Other Services: There may also be other services with which our Service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Service will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service. However, we will provide our best efforts to work around any issues.
12.6. Use Outside of the United States and Canada: As previously noted there are limitations with the Service's access to 911. Cabertel's Service does not provide access to emergency services in any country outside of the United States or Canada. Cabertel disclaims any obligation to provide You with access to emergency services in any jurisdiction other than the United States and Canada.
13. VoIP 911 Service
YOU UNDERSTAND THAT 911 SERVICE IS ONLY PROVIDED BY CABERTEL IP DESK PHONES AND SOME SOFTPHONES, YOU FUTHER UNDERSTAND THAT 911 SERVICE IS NOT PROVIDED OR AVAILABLE ON SOME CABERTEL SOFTWARE APPLICATIONS AND SERVICES (INCLUDING WITHOUT LIMITATION SOME SOFTPHONES). IF YOU SUBSCRIBE TO ONE OF THE OTHER CABERTEL SOFTWARE APPLICATIONS OR SERVICES (OR YOUR SOFTPHONE DOES NOT PROVIDE E911), YOU MUST MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS, SUCH AS USING A TRADITIONAL WIRELINE OR CELLULAR TELEPHONE, AND YOU SHOULD NOT RELY ON CABERTEL TO CALL 911.
YOU UNDERSTAND THAT THE CABERTEL MOBILE APPLICATION USES YOUR DEVICE'S CELLULAR OR WIFI SERVICE TO MAKE 911 CALLS. IF YOUR DEVICE DOES NOT HAVE CELLULAR OR WIFI SERVICE AVAILABLE, YOU WILL NOT BE ABLE TO CALL 911 FROM THE CABERTEL MOBILE APPLICATION.
13.1. Cabertel VoIP 911 Service ("VoIP 911 Service") operates differently than traditional 911 services. We are required by the FCC to advise You of the circumstances under which 911 may not be available or may be in some way limited by comparison to traditional 911 services. Such circumstances include:
13.1.1. Internet Connection Failure: If the connection to the wired broadband Internet over which Your Cabertel VoIP Service is provided is interrupted, You would not have access to Cabertel VoIP Service during that interruption and therefore will not have access to VoIP 911 service during that interruption.
13.1.2. Number Flexibility & Service Portability: Traditional 911 service automatically sends Your 911 call to the appropriate local emergency responder, or Public Safety Answering Point ("PSAP"), based on Your telephone number. Traditional Enhanced 911 service (also known as E911) automatically sends Your 911 call to the appropriate PSAP along with Your registered address and telephone number. Because the Cabertel VoIP Service permits You to obtain a telephone number that does not correspond to Your geographic location (for example, You may obtain a Cabertel VoIP telephone number with a California area code even if You do not have a California address) and allows You to use Cabertel VoIP Service anywhere You have wired broadband Internet, the VoIP 911 Service functions differently than traditional 911 service in certain respects:
13.1.2.1. Because Your address does not necessarily correspond with Your telephone number, You must provide Cabertel with the street address(es) where You will be using Cabertel VoIP Service ("Registered Location(s)") when You sign up for service.
13.1.2.2. If You relocate any equipment (PC with softphone, IP phone, or ATA with traditional phone) that You use to access the VoIP Service, You must update Your Registered Location(s). If You do not update Your Registered Location(s), any 911 calls You make using the VoIP Service will be routed based on Your previously provided Registered Location and therefore may not be routed to the appropriate PSAP for Your new location.
13.1.2.3. In addition, because the VoIP Service will, where possible, automatically transmit Your Registered Location to the PSAP, You must update Your Registered Location to ensure that the VoIP Service transmits accurate location information to the PSAP.
13.1.3. Once You notify us of a change in Your Registered Location, there may be a delay in making the new Registered Location available to properly route 911 calls and advise PSAPs of Your new Registered Location.
13.1.4. In some parts of the country where direct routing to PSAPs is not available for VoIP 911 Service, the Service will route Your call to the National Emergency Call Center where trained agents will ask for the name, location, and telephone number of the person calling 911 and will contact the appropriate PSAP to send help. The call center will not automatically receive Your address and telephone number. In these situations, public safety response times may be delayed. As a result, there may be an additional delay before emergency services arrive.
13.1.5. Loss of Electrical Power: Unless You have a backup system to power Your wired broadband Internet connection and any equipment (PC with softphone, IP phone, ATA with traditional phone) that You use to access Your VoIP Service, You will not have phone service or 911 service during any power outage.
13.2. Registration of Physical Locations Required: As discussed above, You must register the Registered Location where You will be using VoIP service for each VoIP phone line You use from Cabertel (e.g., if You purchase three VoIP lines, You must provide a Registered Location for each of the three VoIP lines). Cabertel will obtain Your Registered Location as part of the service initiation process and will not provide VoIP Service until You have provided Your initial Registered Location. However, You must update Your Registered Location with Cabertel when You use Your VoIP Service from a new location. Regardless of what address You register, in some circumstances, such as unavailability of direct routing to PSAPs or the use of portable devices to access the VoIP Service, emergency calls will be routed to the National Emergency Call Center.
13.3. You agree to provide true, accurate, current, and complete Registered Location information to Cabertel as part of the service initiation process and to update Cabertel as soon as possible Your Registered Location with true, accurate, current, and complete information whenever You use Your VoIP Service from a new location. If You provide Registered Location information that is, or that Cabertel suspects to be, false, inaccurate, not current, or incomplete, Cabertel has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof.
13.4. You may update Your Registered Location by calling customer support at 425-984-5888 or by emailing us at support at cabertel dot com. For purposes of 911 Dialing, You may only register one Registered Location for each VoIP line.
13.5 Notify All Users of 911 Limitations: You should inform all business colleagues, household residents, guests, and other persons who may be present at the physical location where You utilize the VoIP Service that 911 may not be available or may be in some way limited in comparison to traditional 911 service.
13.6. Disclaimer of 911 Liability: Cabertel disclaims all responsibility for the conduct of PSAPs, the National Emergency Call Center, and all other third parties involved in the provision of emergency response services. Cabertel does not have any control over PSAPs, the National Emergency Call Center, or other third parties and is therefore not responsible for whether they answer 911 calls made using the VoIP service, how they answer these calls, or how they handle or respond to these calls. Cabertel relies on third parties to assist it in the provision of 911 service and disclaims any and all liability for acts or omissions by third parties in the provision of Cabertel's 911 service.
14. Use Policies
14.1. You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with Cabertel's ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages any Cabertel's or other customers' property. If Cabertel finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, Cabertel may at its sole discretion terminate Your Service and charge You any applicable fees for the Services used plus damages caused by Your improper use. Prohibited uses include, but are not limited to:
14.1.1. Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortuous, or invasive of another's privacy.
14.1.2. Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) ("spamming"), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes.
14.1.3. Harvesting or otherwise collecting information about others, including email addresses, without their consent.
14.1.4. Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
14.1.5. Creating a false Caller ID identity ("ID spoofing") or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
14.1.6. Transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties.
14.1.7. Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services.
14.1.8. Utilizing the Services in excess of what, in Cabertel's sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user.
14.1.9. Using the Services in any way that interferes with other customers' and third parties' use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
14.1.10. Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Use Policy.
14.2. You further understand and agree that:
14.2.1. You shall be solely liable for any transmissions sent and data stored through the Services under Your Account, including the content of any transmission sent and data stored through the Services under Your Account.
14.2.2. You will abide by all applicable Cabertel policies, procedures, and agreements related to the Services.
14.2.3. You shall not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
14.2.4. Your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
14.3. In addition, all Services:
14.3.1. May only be used for normal business use.
14.3.2. Exclude international calling, which is available for an additional fee.
14.4. Services also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
14.4.1. Trunking or forwarding Your Cabertel number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
14.4.2. Spamming or blasting (e.g., sending ten (10) or more bulk and/or junk voicemail or faxes simultaneously).
14.4.3. Bulk call-in lines (e.g., customer support or sales call centers, "hotlines", 900 numbers, sports-line numbers, etc.).
14.4.4. Auto-dialing or "predictive" dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
14.5. The transmission of unsolicited calls, using the Services for broadcasting, and/or transmitting unsolicited fax advertisements is illegal under federal law, including the Federal Telephone Consumer Protection Act of 1991 (http://www.fcc.gov/document/telephone-consumer-protection-act-1991), and under a number of similar state laws. Distribution of unsolicited voicemail, broadcast, and fax advertisements through the Services is prohibited. You shall not use the Services to send or transmit any unsolicited communications or advertisements and understand that, if You do, Cabertel may immediately terminate Your right to use the Services without liability of any kind.
14.6. At Cabertel's sole option and without further notice, Cabertel may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify Cabertel from and against any damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that You may send and/or receive using the Services.
14.7. If You transmit or are otherwise connected with any transmission of voice, fax, e-mail, or other unsolicited marketing messages using the Services, You agree to pay Cabertel its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, You agree to pay Cabertel liquidated damages of ten dollars ($10.00) for each unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
14.8. In addition, unusually high usage of the Services may impair Cabertel's ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case Cabertel may suspend or terminate Your Account or, upon prior notice, convert Your Account to a metered calling plan that charges significantly higher usage rates.
14.9. Cabertel reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
15. Recording Conversations
Certain Cabertel Services provide a function that allows You to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, You are required to obtain consent from all parties to record a conversation. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. Cabertel expressly disclaims all liability with respect to Your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Cabertel from and against any damages or liabilities of any kind related to Your recording of any telephone conversations using the Services.
16. Storage of User Information
Cabertel is not obligated to store Your communications logs, voicemails, faxes, e-mails, or other messages and does so only as a convenience to You. You agree that Cabertel has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, e- mails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that Cabertel may establish limits as to the size of communications that Cabertel transmits or stores and the duration for which Cabertel stores any communications. In most cases, Cabertel will make best efforts to store Call logs, Faxes, Voicemails, and Call Recordings for up to 30 days duration. We recommend that You download and save to Your local systems any important information you want to keep long term.
17. Publicity Rights
You agree that Cabertel may identify You as a user of the Services in its business deals; press releases; marketing materials; electronic, printed, and broadcast advertising; newsletters; mailings; tradeshows; other promotional materials; on Cabertel's website; or any other third-party website where Cabertel or its designated agents may promote the Services. You hereby grant Cabertel and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
18. Copyright
18.1. Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent, or received using the Applications or Services for purposes of determining copyright infringement. However, Cabertel reserves the right to terminate access to its Applications or Services if a User infringes on others' copyrights, and will, in appropriate circumstances, terminate access to the Applications or Services if Cabertel determines that a User is a repeat infringer.
18.2. Pursuant to Title 17, Section 512 of the United States Code, all claims of copyright infringement for any material You believe to reside on Cabertel's Applications or Services should be provided in writing to Cabertel's Legal Department at Cabertel's current address as posted on Cabertel's Website.
18.3. Our Web site content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by You may result in civil or criminal prosecution.
18.4. Any software used by Cabertel to provide the Service and any software provided to You in conjunction with providing the Service is protected by copyright law and international treaty provisions. You may not copy the software or any portion of it.
19. Export Restrictions and Compliance
19.1. You represent and warrant that (a) You are not located in (and will not use the Services or Applications in) a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties relating to exports. You also acknowledge that the Applications and Services may be subject to other U.S. and foreign laws and regulations governing the export of software by physical or electronic means. You agree to comply with all applicable U.S. and foreign laws that apply to Cabertel as well as end-users end-use, and destination restrictions imposed by U.S. and foreign governments.
19.2. You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that Customer shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or Device, including, without limitation, to any destination, company, or person restricted or prohibited by U.S. export controls.
20. Indemnification
20.1. To the maximum extent permitted by applicable law, You shall indemnify and hold harmless, individually and collectively, Cabertel, its affiliates, agents, resellers, and other providers who furnish goods and services to You in connection with the Services, and their officers, directors, managers, employees, and shareholders (the "Indemnified Parties") from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys' fees and dispute resolution expenses) arising from or related to (1) the use of or reliance upon the Applications or Services by You or any third party acting upon Your permission, knowledge, authority or direction, (2) a breach of this Agreement by You, (3) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction, (4) the inability to use the Applications or Services or failure or outage of the Applications or Services for any reason, including but not limited to those related to calling, "911" or other emergency responders, (5) the use of the Applications or Services in connection with a violation of any applicable law, code, regulation, or ordnance, and/or (6) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, intellectual property rights (including patent, trademark, copyright, and trade secret rights), rights of privacy, and rights of publicity and personality.
20.2. This section shall survive the Agreement.
21. Warranties
21.1. CABERTEL MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
21.2. CABERTEL DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA OR INFORMATION.
21.3. CABERTEL DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
21.4. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE AND DEVICE "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT.
21.5. ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, CABERTEL MAKES NO GUARANTEES OF SECURITY.
21.6. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST CABERTEL TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
22. Limitation of Liability
22.1. IN NO EVENT SHALL CABERTEL BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT.
22.2. NOR SHALL CABERTEL BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO CABERTEL OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND CABERTEL'S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY.
22.3. CABERTEL SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO CABERTEL'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES, 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 CABERTEL'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS.
22.4. CABERTEL'S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT CABERTEL WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE CABERTEL FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES AND LITIGATION COSTS.
22.5. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST CABERTEL TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
23. Dispute Resolution and Binding Arbitration
23.1. It is important that You read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
23.2. Arbitration: Cabertel and You agree to arbitrate any and all disputes and claims between You and Cabertel except with respect to claims for amounts owed for services rendered. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between You and Cabertel, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Cabertel," "Us" and "You" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service under this agreement or any prior agreements between You and Cabertel.
23.3. Informal Resolution of Disputes: Our Customer Care Department can resolve most customer concerns quickly and to the customer's satisfaction. If You have a dispute or claim against us, You should first contact the Cabertel Customer Care Department at (425) 984-5888 and provide in detail, including documents or analysis supporting Your position, the basis of Your claim. Customer care shall be provided with 14 days in which to research and respond to Your claim. In the event Your dispute or claim is not resolved to Your satisfaction, You may seek to have that dispute or claim resolved as set forth below.
23.4. Formal Notice of Disputes: A party who intends to seek arbitration must first send to the other party a written "Notice of Dispute" setting forth in detail, including submission of supporting documentation, the grounds of Your dispute. The Notice of Dispute to Cabertel must be sent to Cabertel, attention "General Counsel", to our mailing address shown on Website.
23.4.1. The Notice of Dispute must describe the nature and basis of the dispute or claim and set forth the specific relief sought. If You and Cabertel do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, You or Cabertel may commence an arbitration proceeding. The amount of any settlement offer made by You or Cabertel shall be non-discoverable and shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Cabertel is entitled.
23.5. Arbitrator and Arbitral Rules: The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.
23.6. Waiver of Judge or Jury Trial: You and Cabertel agree that, by entering into this agreement, You and Cabertel are waiving the right to a trial by judge or jury.
23.7. Waiver of Class Actions: You and Cabertel agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Cabertel agree that You and Cabertel may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and Cabertel agree that, unless You and Cabertel agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
23.8. Statute of Limitations: You must present a claim within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to the relevant sections of the Agreement), or You waive the right to pursue a claim based upon such event, facts, or dispute.
23.9. Exceptions to Arbitration Agreement: Notwithstanding the obligation to arbitrate and any other provisions to the contrary herein, You and Cabertel agree that with respect to claims for unpaid invoices: (a) Cabertel may take our dispute to small claims court, if the contained dispute qualifies for hearing by such court; (b) if You fail to timely pay amounts due, we may assign Your 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; (c) You or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction; (d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and (e) either You or Cabertel may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of You or Cabertel, pending the completion of arbitration.
23.10. Modification of Arbitration: If Cabertel makes any substantive change to this arbitration provision, You may reject any such change and require Cabertel to adhere to the language in this provision.
23.11. Venue/Jurisdiction: All claims for Arbitration shall be submitted to and heard by the office of AAA located in King County, Seattle. Should an evidentiary hearing be required by the Arbitrator, such hearing shall be heard in King County, Seattle.
24. Content
24.1. You are liable for all liability that may arise from the content You transmit to any person, whether or not You authorize it, using the Service or Device. You promise that You and anyone who uses the Service and all Your and their content comply at all times with all laws, regulations, and written and electronic instructions for using the Service and the Device.
25. Miscellaneous Legal Considerations
25.1. Governing Law: This Agreement and the relationship between You and Cabertel shall be governed by the laws of Washington without regard to its conflict of law provisions. Any claim brought pursuant to this Agreement shall be brought in a court of competent jurisdiction within the State of Washington and venue for any such claim shall be proper in the appropriate state or federal court located in King County, Washington.
25.2. Waiver of Rights: Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Cabertel reserves all of its rights at law and equity to proceed against anyone who uses the Services or Device illegally or improperly. All determinations by Cabertel under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
25.3. Third Party Beneficiaries: If You are not a party to this Agreement, You do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any other third party beneficiary rights.
25.4. Entire Agreement: This Agreement, the Order, the applicable service description, or any reference herein to the content of Cabertel's websites constitute the entire agreement between You and Cabertel and govern Your use of the Service, superseding any prior agreements between You and Cabertel and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
25.5. Severability: If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
25.6. Nothing in this Agreement shall be deemed or construed to constitute or create employment, partnership, association, joint venture, agency, or fiduciary relationship between the parties hereto.
25.7. This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
26. Future Changes to this Agreement
26.1. We may change the terms of this Agreement from time to time upon delivery of electronic or written notices to You. Cabertel generally provides written notice of changes to Your account, including this Agreement and any other legal agreements, via email, electronic notice on the Cabertel Website or on Your billing statements. You agree to carefully read and review each such e-mail notice, electronic notice, and billing statement from Cabertel fully regarding any such notices of changes to Your Account.
26.2. The modified terms shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of this Agreement. You agree that You are solely responsible for (a) making sure that Your registered email account is current and functional, (b) checking Your registered email account on a routine basis, (c) checking the Cabertel Website on a routine basis, and (d) making sure that Cabertel communications are not blocked or rendered undeliverable by You, Your computer, any software installed on Your computer, Your Internet service provider, or for any other reason.
26.3. If You do not agree to the revision(s), You must terminate Your Service immediately, subject to the Termination provisions provided in this Agreement. By continuing to use the Service after revision(s) are in effect, You hereby accept and agree to all such revisions.
27. Assignment
27.1. Cabertel may assign all or part of its rights or duties under the Agreement without notifying You. If we do that, we have no further obligation to You. You may not assign the Agreement or the Service or Device without our prior written agreement. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.
28. Survival
28.1. The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and Your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.
29. Privacy
29.1. Cabertel Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that Cabertel cannot guarantee that voice over IP communication is completely secure.
29.2. You agree that Cabertel may access all features of Your account and the Service to determine whether the Service is being used fraudulently and/or in violation of this Agreement, and for any other purposes.
29.3. YOU AGREE THAT CABERTEL SHALL NOT BE LIABLE FOR ANY LACK OF PRIVACY. Cabertel is committed to respecting Your privacy relating to personally identifiable information. Once You choose to provide personally identifiable information, it will only be used in the context of Your relationship with Cabertel. Cabertel will not sell, rent, or lease Your personally identifiable information to others. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Cabertel may disclose personally identifiable information. Please refer to our Privacy Policy for additional information.
29.4. You agree that Cabertel may add your email address for the purpose of sending email notifications regarding new features, maintenance notices, outages and other items deemed to be important to the success of your business phone service.
30. Force Majeure
Cabertel shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Cabertel's reasonable control.
Contact Information:
Address: 16625 Redmond Way Ste. M384, Redmond, WA 98052, United States
Phone: (425) 984-5888
Working Days/Hours: Mon - Fri/ 8:00 AM - 6:00 PM PST
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