Legal 2017-10-10T18:53:05+00:00

TelAgility Terms of Service (End User)

These Terms of Service constitute the agreement (“Agreement”) between TelAgility Corp. (“we,” “us” or “TelAgility”) and the user (“you,” “user”, “Customer” or “Subscriber”) of TelAgility’s business services (“Service”).

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. SERVICE

1.1. Term. Service is offered on a monthly or multi-month basis as is determined in your Service activation or order form, or via our online ordering process. The term begins on the date that TelAgility activates your Service and ends on the day before the anniversary date of your Term. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month’s charges in the event that you do not provide the requisite ten-days’ notice of termination prior to the expiration of the then-current term. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.

1.2. Use of Service; Equipment. You shall not resell or transfer the Service to another party without our prior written consent. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service for any of the aforementioned or similar activities. You are responsible for supplying, operating and supporting the equipment for use with the Service.

1.3. Prohibited Uses.
(a) Unlawful. You shall use the Service only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service for an unlawful purpose. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, TelAgility will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, TelAgility will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.

1.4. Use of Service by Customers Outside the United States. Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service outside of the United States or Canada.

1.5. Copyright; Trademark; Firmware or Software.
(a) Copyright; Trademark. The Service and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(b) Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

1.6. Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all stolen, fraudulent or unauthorized use of the Service.

1.7. Number Transfer on Service Termination. Upon the termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:

1.7.1. such new service provider is able to accept such number;

* your account has been properly terminated;
* your account is completely current, including payment for all charges and applicable termination fees; and
* you request the transfer upon terminating your account.

1.8. Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

1.9. No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.

1.10. Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories automatically . Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address. If you would like to have your numbers listed within the National Directory Listing Service a onetime service fee of $15.00 will be charged to your account.

1.11. Incompatibility With Other Services.
(a) Security Systems. The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with some broadband services . You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services 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.

2. CHARGES; PAYMENTS; TAXES; TERMINATION

2.1. Billing. When the service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is canceled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:

* activation fees;
* monthly Service fees;
* international usage charges;
* advanced feature charges;
* equipment purchases;
* termination fees; and
* support fees.

2.2. The amount of such fees and charges shall be published on our website and may change from time to time. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $250. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website.

2.3. Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any TelAgility charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to [email protected]

2.4. Payment and Collection.
(a) Payment. We only accept payment by credit,debit card and eft, unless other payment terms have been explicitly agreed to in writing by TelAgility. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges and terminate you Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges.
(b) Collection. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney’s fees.

2.5. Termination; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally with ninety (90) days advance notice, or to terminate your Service, at any time, for breach of this Agreement. If we discontinue the Service generally, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.

2.6. Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

2.7. Termination Fee. We require all phone numbers to remain on our network for at least 6 months before they can be ported out. You may be charged a termination fee of $19.99 per standard phone number and at our sole and absolute discretion, up to $500.00 per vanity number if your service is terminated for any reason during the Term following the activation of your Service.

2.8. Payphone Charges. If you use our “Toll Free” feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs.

2.9. Charges for Directory Calls (411). We will charge you $1.20 for each call made to TelAgility directory assistance.

2.10. Charges for Conference Bridge Calls. We will charge you per minute for each caller who calls into your conference bride. Your Conference Bridge per minute usage fee will be the lower of (i) 3.9 cents per minute, or (ii) the per minute Conference Bridge usage fee determined in your Service Activation Form or online order form. The per minute usage fee will be calculated based on all participants on the conference bridge, including on-network and off-network participants.

3. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

3.1. Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

* an act or omission of an underlying carrier, service provider, vendor or other third party;
* equipment, network or facility failure;
* equipment, network or facility upgrade or modification;
* force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
* equipment, network or facility shortage;
* equipment or facility relocation;
* service, equipment, network or facility failure caused by the loss of power to you;
* outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
* any act or omission by you or any person using the Service or Device provided to you; or
* any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.

3.2. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

3.3. Disclaimer of Liability for Damages. IN NO EVENT WILL TELAGILITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO 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 WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

3.4. Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless TelAgility, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, .
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

3.5. No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER TELAGILITY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR 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 TELAGILITY’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY TELAGILITY OR TELAGILITY’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

3.6. No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

3.7. Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a “User”). You shall assure that your and your User’s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services and remove your or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content.

3.8. Recording Conversations. TelAgility may provide a function that allows a user or Subscriber to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. Subscriber is solely responsible for applying the local laws in the relevant jurisdiction when using this feature.

4. SERVICE LEVEL AGREEMENT

TelAgility may, if necessary, temporarily limit or suspend immediately the Service without liability if reasonably necessary to prevent any harm to TelAgility and its business, to any downstream service provider or to you. TelAgility will provide written notice of such limitation or suspension to you either in advance if possible, or if advance notice is not possible, then as soon as practicable upon imposing such limitation or suspension depending on the nature of the emergency and the repairs required. You shall follow all reasonable instructions provided by TelAgility for the purpose of mitigating the effects of such emergency, provided, however, that in no event shall you Users be required to incur additional expenses in connection therewith. Any such suspension or limitation shall be limited to the time period in which TelAgility is performing emergency repair activities and full services shall be restored as soon as possible. Such activities shall be treated as a Severity Critical according to the SLA found at http://www.telagility.biz/legal, with service credits stated therein as applicable.

5. MISCELLANEOUS

5.1. Governing Law. The Agreement and the relationship between you and us is governed by the laws of the State of Maryland 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 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the State of Maryland and waive any objection as to venue or inconvenient forum.

5.2. Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Anne Arundel County, Maryland. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, ANNE ARUNDEL COUNTY MARYLAND.

5.3. No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

5.4. Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and TelAgility and govern the use of the Service by you, members of your business, employees and guests. This Agreement supersedes any prior agreements between you and TelAgility and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

5.5. Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

6. FUTURE CHANGES TO THIS AGREEMENT

6.1. We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.TelAgility.biz. TelAgility will make best efforts to notify Customers in advance via email regarding changes to the terms and conditions of this Agreement. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.

7. PRIVACY

7.1. The Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. TelAgility is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our website at www.TelAgility.biz for additional Privacy Policy information.

END OF TERMS OF TELAGILITY SERVICE AGREEMENT

Customer Notice of 911 and E911 Service Limitations

PLEASE READ THIS NOTICE CAREFULLY.

AS A USER OF TELAGILITY CORP SESSION INITIATION PROTOCOL (“SIP”) BASED VOICE OVER INTERNET PROTOCOL (“VOIP”) SERVICES, YOU ARE REQUIRED TO AGREE THAT YOU HAVE READ AND UNDERSTOOD THE LIMITATIONS ASSOCIATED WITH THE 911 AND E-911 EMERGENCY SERVICES AVAILABLE THROUGH THE TELAGILITY CORP CALLING SERVICES.  

IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE ANY TELAGILITY CORP CALLING SERVICES.

DefinitionsTerms capitalized when used within this document have the following meanings: 

“911 Services” means functionality that allows end users to contact emergency services by dialing the digits 9-1-1.

“Enhanced 911 Service” or “E911” means the ability to route an emergency call to the designated entity authorized to receive such calls, which in many cases is a Public Safety Answering Point (“PSAP”), serving the Customer’s registered or user-provided address and to deliver the user’s telephone number and registered address information automatically to the emergency operator answering the call.

“Basic 911 Service” means the ability to route an emergency call to the designated entity authorized to receive such calls serving the Customer’s registered or user-provided address.  With basic 911, the emergency operator answering the phone will not have access to the caller’s telephone number or address information unless the caller provides such information verbally during the emergency call.

With Enhanced 911 Service (“E911”), when a caller from your registered location dials the digits 9-1-1 from any TelAgility Corp offered calling service that is associated with a phone number and a properly registered address, the phone number and address are automatically presented to the local emergency center serving the location.  Emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information.

With Basic 911 Service, when a caller from your registered location dials the digits 9-1-1, the call is sent to the local emergency center serving that location. Operators answering the call will not have automatic access to the caller’s call-back telephone number or the associated registered address, even if that address has been properly registered, because with Basic 911 Service the emergency center is not equipped to receive, capture or retain the telephone number associated with the TelAgility Corp calling service or the registered address.  Accordingly, callers must be prepared to provide both call-back and address information.  If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address if call-back and address information has not been provided by the caller.

 

EMERGENCY SERVICE DISCLOSURE APPLICABLE TO ALL CALLING SERVICES OFFERED BY TELAGILITY CORP:

The limitations detailed below are applicable to all of TelAgility Corp’s calling services (which include but are by no means limited to: Phonebooth OnDemand, SIP Trunking, SIP Origination/Termination, Boxset, FreePBX/SipStation, and Hosted IP-PBX).  Customer agrees to inform all users of TelAgility Corp’s calling services of the potential complications arising from the delivery of emergency services when dialing 911.  Specifically, Customer acknowledges and agrees to inform all employees, guests and other third persons who may use TelAgility Corp’s VoIP calling services of the limitations detailed below associated with all of TelAgility Corp’s emergency calling capabilities.

  1. All of TelAgility Corp’s Calling Services Have 911 Capabilities that are Different Than Those Offered by Traditional Providers of Local Telephone Services:Customer acknowledges and agrees that all of TelAgility Corp’s calling services are Internet based and that the 911 calling capabilities associated with all of TelAgility Corp’s calling services are different from those offered by traditional providers of local telephone services.  TelAgility Corp’s VoIP calling services are not meant to be relied upon in the case of an emergency.  While TelAgility Corp attempts to provide access to emergency service, these VoIP services are not intended to be used to support or to carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of emergency services.  YOU SHOULD MAINTAIN AN ALTERNATIVE MEANS OF CALLING EMERGENCY SERVICES.
  2. 911 Service Will NOT Work If You Experience A Power Outage, Service Outage or any other network disruption: Outages of your electricity and problems with your connection, including network congestion, will disrupt any TelAgility Corp calling service and you will not be able to use it for 911 emergency callin
  3. 911 Service Will NOT Work If Your Service Is Disconnected Or You Experience An Outage For Any Reason: If you have a service outage due to a suspension of your account due to billing issues or for any other reason, you will not be able to use any TelAgility Corp calling services for any calls, including for emergency 911 calls.
  4. You May Not Be Able to Reach the Correct Emergency Services If You Have A Telephone Number That Does Not Match Your Actual Geographic Location: VoIP services are technically capable of being used in locations that are not associated with the traditional geographic area of a telephone number.  These capababilities can cause 911 problems however.  All 911 capabilities will only be available in the location that you have associated with the particular TelAgility Corp assigned direct-inward-dial (“DID”) telephone number assigned to the Customer.  For Basic 911 Services or E911 to be accurately routed to the appropriate emergency call center, the Customer must provide accurate DID telephone numbers as the call-back telephone number for all 911 calls and accurate address information.  Additionally, if you are using the service in a location that uses a different area code than the  area code in the number you are using with your VoIP service, when you dial 911 you may not be able to reach any emergency personnel.  Even if you do reach emergency personnel, your call may not reach the emergency personnel near your actual physical location and the emergency personnel may not be able to transfer your call or respond to your emergency.
  5. You May Not Be Able To Reach the Correct Emergency Service Center If You Fail to Register A Valid Service Address: Failure to provide a correct physical address in the correct format may cause all Basic 911 Service or E911 calls to be routed to the incorrect local emergency service provider.  Furthermore, use of any TelAgility Corp calling service from a location other than the location to which such service was ordered, i.e., the “primary registered address,” may result in Basic or Enhanced 911 calls being routed to the incorrect local emergency service provider.
  6. You May Not Be Able to Reach the Correct Emergency Services If You Move Your Phone to a Location Different From the Address You Initially Registered: It is important that you register accurate location information every time you move the equipment associated with your TelAgility Corp calling service.  If you move your TelAgility Corp equipment to another location without reregistering, when you dial 911, you may not be able to reach any emergency personnel.  Even if you do reach emergency personnel, if you have not provided valid location information you will not be calling the emergency personnel near your actual location and this emergency personnel may not be able to transfer your call or respond to your emergency.
  7. You May Not Be Able to Reach the Correct Emergency Services If You Fail to Accurately Register or Reregister Your New Location Or Call 911 Within 48 Hours of Updating Your Location: It is important that you register an accurate location when you initiate your service and every time you move the equipment associated with your TelAgility Corp VoIP calling service.  When you change your location, it may take up to 48 hours for your location change to be reflected in our records.  During that time, you may not be able to reach may not be able to reach the correct emergency services center or any emergency service provider by dialing 911.
  8. TelAgility Corp VoIP Calling Services Allow One Emergency Service Address to be Associated with Each Telephone Number: Certain TelAgility Corp VoIP calling services do not have a telephone number associated with them but allow for placing and receiving calls.  For example, TelAgility Corp offers a “softphone client” service.  Customers may choose to buy calling services from TelAgility Corp that have a telephone number but then use the softphone client to allow multiple users to place and receive calls using one telephone number.  Customers must use the softphone client and the TelAgility Corp VoIP calling service that has a telephone number associated with it from the same location.  Using a service that does not have a telephone number in a remote location will result in the wrong address information being sent in the event of placing an emergency call by dialing 911.  The emergency call operator may not be able to transfer the call to appropriate emergency call operators.  In the event that Customer intends to use TelAgility Corp VoIP calling services in multiple locations, at least one telephone number will be required for each location.  You acknowledge and agree to this limitation and agree that you will obtain at least one telephone number for each location associated with the TelAgility Corp calling service.

TELAGILITY CORP UNDERSTANDS THAT YOU HAVE READ AND UNDERSTAND THE LIMITATIONS ASSOCIATED WITH THE 911 AND E-911 EMERGENCY

SERVICES AVAILABLE THROUGH THE TELAGILITY CORP CALLING SERVICES.  

Any obligations that may be imposed by federal and state law on operators of private branch exchange or multiline telephone systems are obligations imposed on you, the Customer, and not on TelAgility Corp. TelAgility Corp’s calling services will only be used for business, non-residential purposes in an environment that requires either multiple lines or extensions and if this situation ever changes you will discontinue the use of TelAgility Corp’s calling services.  

Privacy Policy

TelAgility Corp, Inc., directly or via its affiliates and/or subsidiaries (“TelAgility Corp” or “we”) provides complete communications solutions – including IP voice (VoIP), hosted VoIP, data and managed network services – powered by our IP voice network and supported by our partner, customer service.  To learn more about TelAgility Corp, please see “How can you contact us?” below.

We make the security and confidentiality of the personal information that you provide to us a high priority.  We understand the trust that you give us when you provide information to us.

Please read our Privacy Policy carefully before you submit your personal information to our Web site.  By visiting our Web site, including but not limited to www.TelAgility Corp, you accept our Privacy Policy.

TelAgility Corp may update this Privacy Policy in the future. We will notify our customers about material changes to this Privacy Policy by either sending a notice to the email address you provide to us or by placing a prominent notice on our Web site.

What Information Do We Collect From You?

General

We receive and store any information you enter on our Web site or give to us any other way.  This includes information that identifies you (“personal information”), including your first and last name, telephone number, postal and email addresses, user name(s) and password(s), if applicable.  We also may request information about your communications needs and preferences.  You can choose not to provide information, but we may require some information about you to use our Web site as intended.  We also may require some personal information to answer your questions or conduct other transactions on our Web site.

Automatic Information

We automatically collect some information about your computer when you visit our Web site.  For example, we collect session data, including your IP address, Web browser software, and referring Web site.  We also may collect information about your online activity, such as content viewed and pages visited.  We collect this automatic information to help us understand the interests of our customers and visitors and customize your user experience, among other things.

Cookies, Other Web Technologies

Cookies are small data text files that, if your Web browser permits, can be stored on your computer’s hard drive.  TelAgility Corp.com and its Web site use cookies:

  • To help us recognize your Web browser as a previous visitor and save and remember any preferences set while your Web browser visited our Web site.  For example, if you register on our Web site, we may use cookies to remember your registration information so you do not need to log into our Web site each time you visit.  We also may save your password in a cookie, if you checked the box entitled “Save this password for automatic sign-in” (or other similar words).   Please note that we encrypt for security purposes customer IDs, passwords, and any other account-related data included in cookies.
  • To help us customize the content, Web site experience, and advertisements provided to you on our Web site and on other Web site across the Internet.  For example, when you access a web page, a cookie automatically recognizes your Web browser as you navigate on the Internet and presents you with information and advertising based on your apparent interests.
  • To help measure and research the effectiveness of the features, offerings, advertisements, and email communications (by determining which emails you open and act upon) of our Web site.

The Help portion of the toolbar on most Web browsers will tell you how to prevent your Web browser from accepting new cookies, have the Web browser notify you when you receive a new cookie, or disable most cookies.  However, you may not be able to access some tools and features offered on our Web site if you refuse to accept cookies.

Our Web site also may use Web beacons (also known as clear gifs, pixel tags or Web bugs).  These Web beacons are tiny graphics with a unique identifier, similar in function to cookies, that we place in the code of a Web page.  Web beacons allow us to monitor the traffic patterns of users from one page within our Web site to another, deliver or communicate with cookies, understand whether you have come to our Web site from an online advertisement displayed on a third-party Web site, and improve the performance of our Web site.  We also may allow our service providers to use Web beacons to help us understand which emails recipients have opened and track the visitor traffic on our Web site.

Information from Other Sources

We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and third parties and add it to other information about you.  For example, if you visit TelAgility Corp by “clicking-through” from a site operated by one of our business partners, and you have registered with that partner, then the partner may share with us information about you that you have provided to that partner.  For example, we may receive your contact information and demographic information.  If you access third party services, such as social media services, through our Web site, we also may collect information such as your user name, password, and other information made available to us through those third party services.

Information About Others

If you have the opportunity to provide contact information for other people or businesses through our Web site, you should obtain their consent before you provide their personal information to us.

Display of Advertising and Your Choices

Data collected to serve you with relevant advertising 

We want to provide you with relevant content and information across our Web site.  We may collect information about your communications-related searches and use this information to serve you with advertisements on our Web site (or elsewhere on the Internet) that match your apparent communications-related interests.

We do not share your personal information (such as your email address) with unaffiliated third parties so they can serve advertisements to you.

Many of the advertisements you see on our Web site are served by TelAgility Corp.com or its service providers.  However, we also allow third parties to collect information about your online activities through cookies and other technologies.  These third parties include (i) advertising networks, who collect information about your interests when you view or interact with one of the advertisements they place on many different Web site on the Internet; and (ii) our business partners, who collect information when you view or interact with one of their advertisements on our Web site.  These third parties gather this information to predict your characteristics, interests or preferences and to display advertisements on our Web site (and across the Internet) tailored to your apparent interests.

We do not have access to or control cookies or other technologies these third parties may use to collect information about your interests; our Privacy Policy does not cover either these third parties or their information practices.

How do we use your information?

TelAgility Corp may use the information we collect about you for a variety of purposes, including: the registration and management of your account, including the facilitation of your access to and use of our Web site; communication with you, including to provide information about TelAgility Corp and invitations from TelAgility Corp; responses to your questions and comments; the measurement of your interest in our products, services, and Web site, as well as the improvement of our products, services, and Web site; notifications about special offers and products or services available from us or our partners that may interest you; the customization of your experience with TelAgility Corp; the solicitation of information from you, including through surveys; the resolution of disputes and troubleshooting of other problems; the prevention of potentially prohibited or illegal activities; the enforcement of our Terms of Use; and as otherwise described to you at the point of collection.

You will not give, lend or otherwise disclose any passwords or other similar user identifications to any unauthorized person, or permit any unauthorized person to use your account(s) or related passwords or user identifications.  Any loss of control of passwords or other similar user identifications may result in the loss of control over your information.  You will be responsible for any actions taken on your behalf or any person using  your passwords or other similar user identifications.  You must immediately change any passwords or other similar user identifications and notify us immediately if any passwords or other similar user identifications have been compromised.

Please review “What choices do you have regarding the collection and use of your information?” below.

How do we utilize Customer Proprietary Network Information?

Some information related to certain communications services that we provide to you constitutes Customer Proprietary Network Information (“CPNI”).  For example, CPNI includes to whom, where and when you make calls.  Specific federal laws and regulations protect CPNI.  We are committed to full compliance with these federal laws and regulations through our Web site and in all other respects.  We only will share or disclose your CPNI without your consent (i) to initiate, render, bill and collect for our telecommunications services provided to you; (ii) to protect you, TelAgility Corp or other carriers from fraudulent or illegal use of, or subscription to, our products and services; (iii) to protect our rights or property; (iv) to provide your call location information in certain specified emergency situations, if applicable; (v) to market to you services or products among the categories of services or products to which you currently subscribe; and (vi) for other purposes permitted by law.

How do we use any feedback you may provide?

Any anonymized data that you send to us such as your questions, suggestions, ideas or other creative material belongs to us and we will not treat it as confidential.  We may adapt, disclose, display, distribute, reproduce, use, or create derivative works from any such information without acknowledgment of you or compensation to you.

How do we share your information?

TelAgility Corp may share your information with others:

  • We may offer products or services with business partners.  You can tell when a third party is involved in a product or service you have requested because their name will appear either with ours or separately.  If you choose to use these products or services, we may share information about you, including your personal information, with those business partners.  We do not control the privacy practices of these third-party business partners and our Privacy Policy does not cover either these third parties or their information practices.
  • If you were referred to one of our Web site from a third party’s Web site, we may share your registration information, such as your name, email address, mailing address, telephone number and preferences, about you with that referring Web site.  We have not placed limitations on the referring Web site’ use of personal information and we encourage you to review the privacy policies of any Web site that referred you to one of our Web site.  Our Privacy Policy does not cover either these third parties or their information practices.
  • You can choose to access certain third party social media Web site and services through our Web site.  When you do so, you share information with those site and their privacy policies will govern the information you share with them.  Our Privacy Policy does not cover either these third parties or their information practices.  You may be able to modify your privacy settings with these third party social media Web site.
  • We may use third party vendors to provide various services or functions on our behalf, including business analytics, customer service, marketing, distribution of surveys, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf to operate features of our Web site or facilitate the delivery of online advertising tailored to your interests, among other reasons.  Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
  • We use a third-party intermediary to manage certain credit card processing. This intermediary is not permitted to store, retain, or use billing information, including your billing name and address and credit card number, except for the sole purpose of credit card processing on our behalf.

We also may share your information:

  • In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.  We reserve the right to raise or waive any legal objection or right available to us in any such cases.
  • When we believe it is necessary to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of TelAgility Corp, our customers, or others; and in connection with our Terms of Use and other agreements, subject to applicable law, including those governing the use and disclosure of CPNI.
  • To obtain a credit report.
  • In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Except as described above, we will notify you when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our Web site receive. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

How you can update and revise your information?

We take reasonable steps to ensure that your information is relevant, accurate, and complete.  Your use of our services available through our Web site may permit you to update or revise your personal information through our Web site.  If you remove certain information from your account(s), we only will retain those copies of such information as necessary for us to comply with governmental orders, resolve disputes, troubleshoot problems, enforce any agreement that you have entered into with us, and as we otherwise deem reasonably necessary.

What choices do you have regarding the collection and use of your information?

  • You can choose not to provide us with any information, although it may be needed to take advantage of certain features offered on our Web site.
  • You also can revise or update information as described above.
  • Whether registered as a TelAgility Corp customer or not, you also may unsubscribe from promotional messages in any email we send.  We reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your TelAgility Corp account, without offering you the opportunity to opt out of receiving them.
  • TelAgility Corp.com wants to make it easy for you to take advantage of opportunities on our Web site. We do this is by sending you email messages that contain information about your apparent communications-related interests. We believe these email messages will provide you with useful information about special offers available through our Web site.  You will have the opportunity to choose not to receive these email messages in any email we send.
  • The Help portion of the toolbar on most browsers will tell you how to prevent your Web browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from TelAgility Corp, you may not be able to access portions of our Web site.

How do we protect your information?

We want you to feel confident about using TelAgility Corp, and we commit to protecting the information we collect.  While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us.  For example, we permit only authorized personnel to access personal information, and they only may do so for permitted business functions.  We also use encryption when transmitting your personal information between your system and ours.  We also employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.  However, we make no guarantee, representation or warranty that use of our Web site is protected from all security threats, viruses, or other vulnerabilities or that your information always will be secure.

How do we protect children’s privacy?

TelAgility Corp is a general audience site and does not offer services directed to children.  Should an individual whom we know to be a child under age 13 send personal information to us, we will delete or destroy such information as soon as reasonably possible.

Does our Privacy Policy apply to external links?

If any part of our Web site links you to other Web site, those external Web site do not operate under this Privacy Policy.  We recommend that you examine the privacy statements posted on those other Web site to understand their procedures for collecting, using, and disclosing personal information.

How does our Privacy Policy apply if you visit our Web site from outside the United States?

If you visit our Web site from outside the United States, your information may be transferred to, stored, and processed in the United States where our servers are located and where we operate our databases.  The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country.  However, TelAgility Corp takes steps pursuant to laws in the United States to protect your privacy.  By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

Terms of Use of TelAgility Corp.  Web Sites

Please read these Terms of Use carefully before using any TelAgility Corp. . and/or its affiliates or subsidiaries (individually and collectively “TelAgility Corp. .”) websites. By using these websites you have accepted these Terms of Use; if you do not accept these Terms of Use, do not use the websites.

TelAgility Corp.  may modify all or any part of these Terms of Use from time to time without notice to you; you should check back often so you are aware of your current rights and responsibilities. Your continued use of these websites after changes to the Terms of Use have been published constitutes your acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of these websites.

Copyrights

TelAgility Corp.  owns the intellectual property rights in all text, images, software or other content available on our websites or has obtained applicable rights to such text, images, software or other content from applicable third parties who own the content.  You may not redistribute or copy any part of these websites without the prior written consent of TelAgility Corp. .  However, TelAgility Corp.  gives you permission to view, copy, print, and distribute material on these websites subject to the following conditions:

  • You may use the material only for internal, informational, noncommercial purposes.
  • You may not alter the material.
  • You must include on any copy of the material (or portion thereof) our copyright notice.
  • You may establish a hypertext link to the TelAgility Corp. websites from your website so long as the page containing the link properly attributes the linked site to us and does not in any way imply our sponsorship of your site.  However, you may not, without obtaining our prior written consent, republish, redistribute or otherwise make any copies, of the materials on our website, as a part of the link, including by framing or similar means, or otherwise.

No other use of the material within these websites (or portion thereof) is permitted without our prior written consent.

We respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

Trademarks and/or Servicemarks

The trademarks, logos and service marks (the “Marks”) used on these websites are the property of TelAgility Corp.  or other third parties.  You may only use these Marks in accordance with the Trademark and Servicemark Guidelines which may be found at:www.TelAgility biz/legal.

Contributions

We do not accept or consider unsolicited ideas, including ideas for new promotions, new products or technologies, processes, materials, marketing plans or new product names.  We do not want to create any misunderstandings or disputes if our products or strategies seem similar to ideas submitted to us.  Please do not send your unsolicited ideas to us.  If you nonetheless choose to send us your ideas or materials, we make no assurances that we will treat them as confidential or proprietary.

Content and Liability Disclaimer

We use reasonable efforts to include accurate, complete and current information on these websites.  However, we do not warrant that the content on these websites is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. We reserve the right to make changes and updates to any information contained within these websites without prior notice.

Access to, and use of, these websites and the content included in these websites is at the risk of the user. We have provided links to certain other websites solely for your convenience, and we are not responsible for the content of any other websites.  You must take appropriate precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NEITHER WE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.

Your Conduct

You must comply with all applicable local, state, national and international laws and regulations when you use our website.  Any attempt by anyone to deliberately damage these websites is a violation of criminal and civil laws.  We reserve the right to seek damages from anyone doing so to the fullest extent permitted by law.  Neither we nor our lawyers are kidding.

You also will not post or transmit through these websites any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.

Monitoring Your Use of This Website and Your Conduct

TelAgility Corp.  is under no obligation to monitor the material residing on or transmitted to these websites (or any server used in connection with these websites).  However, anyone using these websites agrees that we may monitor the website(s) (and any server used in connection with these websites) to (1) comply with any necessary laws, regulations or other governmental requests; and (2) to operate the server properly or to protect ourselves and our users.  We reserve the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.

Privacy

We encourage you to review our Privacy Policy, which may be found at www.TelAgility .biz /legal.

Dispute Resolutions

Any claims arising out of the use of these websites shall be resolved by arbitration in Anne Arundel County, Maryland in accordance with the then current rules of the American Arbitration Association. The internal laws of the State of Maryland (other than conflicts of law rules) and of the United States of America shall apply. A single arbitrator engaged in the practice of law shall conduct the arbitration.  The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction.  If one or more of the provisions contained in these Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Notice and Procedure for Making Claims of Copyright Infringement

To file a notice of infringement with us, please provide the following information to our designated copyright agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
  2. A description of the material that you claim infringes the copyrighted work listed in item #1.
  3. An address, telephone number, and an email address where the alleged infringing party can contact you.
  4. The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. Your electronic or physical signature.

To file a counter notification with us, please provide the following information to our designated copyright agent listed below:

  1. A description of the material that we have removed or to which we have disabled access.
  2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Anne Arundel County, Maryland if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
  3. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  4. Your electronic or physical signature.

Acceptable Use Policy

This Acceptable Use Policy (“AUP” or “Policy”) describes actions by Users that are prohibited by TelAgility Corp, Inc. and its affiliates and subsidiaries (“TelAgility Corp”). “Users” means any user or Customer of any and all TelAgility Corp provided services (“Service” and/or “Services”) that are provided by TelAgility Corp pursuant to any applicable customer agreement, including, without limitation, any applicable terms of service and/or supplements to any applicable agreement(s) (which Users must accept as a condition to receiving any Services from TelAgility Corp).
This Acceptable Use Policy is subject to change from time to time with such changes effective upon posting at www.TelAgility.biz    TelAgility Corp encourages Users to review this Policy regularly.

  1. Services may be used only for lawful, proper and appropriate purposes.
  2. Users must use any Services only in a manner that, in TelAgility Corp’s sole discretion, is consistent with the purposes of such Services.  Users will not engage in any legal or illegal activity that either (i) harms TelAgility Corp, the network operated by TelAgility Corp, the Services and/or any User, or (ii) interferes with the network operated by TelAgility Corp and/or the provision or use of the Services by TelAgility Corp or any User.
  3. Services may not be used for illegal, improper, and/or inappropriate purposes.
    1. Illegal purposes include, but are not limited to:
      1. using any Service to violate any law, rule, or regulation; or
      2. engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior
    2. Improper and/or inappropriate uses include, but are not limited to
      1. posting multiple messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists or other similar groups or lists;
      2. calling, messaging, storing, posting or transmitting harassing, threatening or abusive materials, e-mail or information;
      3. posting or transmitting any information or software that contains a virus worm, cancelbot or other harmful component; without permission from the owner of a system or network, doing any of the following: (a) accessing the system or network, (b) monitoring data or traffic, (c) probing, scanning, and/or testing firewalls, (d) testing the vulnerability of a system or network or (e) breaching the security or authentication routines of a system or network;
      4. conducting or forwarding surveys, contests, pyramid schemes, charity requests or chain letters;
      5. relaying e-mail in an anonymous fashion or forging any TCP-IP packet header;
      6. mailbombing, flooding, overloading, attacking or otherwise interfering with a system or network;
      7. sending unsolicited calls, messaging, e-mailings (including, without limitation, commercial advertising and informational announcements) if such unsolicited activities could reasonably be expected to or do in fact provoke complaints;
      8. operating a server in connection with the Services in an “open relay” configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user);
      9. falsifying User or other identifying information provided to TelAgility Corp or to other Users of the Services;
      10. use of any Services in violation or any trademark, copyright, or any other intellectual property protection law or provision, or AUP policy of any third party provider;
      11. use of any Services for the purposes of engaging in an activity in connection or conjunction with any pornographic and/or adult entertainment industry purpose, regardless of whether such activity is lawfully permitted;
      12. auto-dialing or predictive-dialing (sometimes referred to as “robo-dialing”);
      13. continuous or extensive chat line or conference call participation,
      14. use of free conference calling or similar services that TelAgility Corp in its sole discretion deems to participate in traffic stimulation practices or schemes that result in excessive charges;
      15. use of an open telephone line as a monitoring, intercom or similar service;
      16. repetitive and/or continuous messaging or calling to the same destination or number if such activity could reasonably be expected to or in fact does provoke complaints;
      17. long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24 hour period) and/or calls placed to specific numbers / destinations for the purpose of generating charges or fees for or with a third party;
      18. use of call Services which do not consist of uninterrupted live human voice dialog by and between natural human beings;
      19. restricting or inhibiting any other User or any other person from using and enjoying the Services and/or the Internet; or
      20. engaging in any of the foregoing activities by using the services of another provider or third party and channeling such activities through an account provided by TelAgility Corp, or otherwise involving the Services or any TelAgility Corp  account in any way with or without another provider or third party for the purpose of facilitating the foregoing activities.

Remedies:
TelAgility Corp reserves the right, at its sole discretion, to determine if a Service is being used for any of the foregoing purposes or activities.

  1. Violation of this Policy may result in civil or criminal liability, and TelAgility Corp in its sole discretion, in addition to any remedy that it may have at law or in equity, may immediately terminate permission for the User to use the Services, or any portion of the Services, and may charge User any applicable rates and cancellation or termination fees. In addition, TelAgility Corp may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to TelAgility Corp stating that they have been harmed by a User’s failure to abide by this Policy or the policies listed above.  TelAgility Corp may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of this Policy.
  2. Any violations or attempted violations of this Policy by any User (or any third party on behalf of any User) will constitute a violation of this Policy by the User and a material breach of any applicable customer agreement, including, without limitation, any applicable terms of service and/or supplements to any applicable agreement(s).
  3. TelAgility Corp’s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of TelAgility Corp’s rights.
  4. IN NO EVENT WILL TELAGILITY CORP BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THIS POLICY, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR OTHERWISE, EVEN IF TELAGILITY CORP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY IN FAVOR OF TELAGILITY CORP IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN TELAGILITY CORP AND ANY APPLICABLE USER AND WILL APPLY WHETHER THE ACTION IN WHICH RECOVERY IS SOUGHT IS BASED IN CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY APPLICABLE LAWS.

Customer Agreements:

  1. Nothing in this Policy will limit or be deemed a waiver of any rights or protections of TelAgility Corp pursuant to any written agreement between TelAgility Corp and any applicable User.  This Policy will be read in connection with any such written agreement and not in conflict with any such agreement.  This Policy, in connection with any such agreement, supersedes any other oral or written representations or agreements made by TelAgility Corp and/or its representatives regarding the Services.
  2. Subject to any arbitration, forum or choice of law provisions of any written agreement between TelAgility Corp and any applicable User, (i) this Policy will be governed by, construed under and enforced in accordance with the laws of the State of Maryland without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods; and (ii) in the event any party brings a civil action or initiates judicial proceedings of any kind related to this Policy (except for actions to enter or collect on judgments), Users consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Anne Arundel County, Maryland
  3. If any provision of this Policy is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Policy will not be affected thereby.

Service Level Agreement

This Service Level Agreement sets out a description how reports of system problems, called “Cases”, are reported and characterized, as well as the Service Level Agreement with TelAgility’s response and restoration  time obligations for each.

Case Severity Classification

TelAgility determines Case priorities as defined below.

Severity ClassificationExamples
CriticalTotal System Outage; or Total service outage for other primary services related to TelAgility’s UCaaS Solution Powered by Avaya IP Office including Voicemail, Auto Attendant, Conferencing and Mobility; or Total service outage affecting client connectivity (i.e., soft or hard clients cannot register to the service); or Loss of origination or termination capability for more than 5% of subscribers; or System congestion resulting in call blocking greater than 10% for greater than 60 seconds.
MajorIntermittent degradation of services; partial loss of access to provisioning; or The customer has been given a workaround but the situation still requires constant attention due to the temporary nature of the workaround; or Loss of access for routine administrative activity.
MinorNon-system-affecting problems. Documentation inaccuracies Problems introduced through incorrect configuration of the system

Service Level Requirements for response, recovery and resolution times, by case severity.

SeverityRecoveryResolution
CriticalTotal voice service outages: 90% in 2 hours after TelAgility notification of incident* All other Critical cases: 90% in 4 hours after TelAgility notification of incident*All Critical cases shall be worked to service recovery.  If follow-up is necessary, post service recovery, it will be followed up with a Major.
Majorn/a90% resolved in 30 days or with next delivery of Maintenance Release**
Minorn/a90% resolved in 180 days

*In the event that the customer requests TelAgility to delay case resolution until an open maintenance window, TelAgility reserves the right to include such delays in measuring the performance against the resolution targets.

If customer personnel are not able to maintain constant contact during the resolution of Critical cases, TelAgility reserves the right to downgrade the category assignment of the case.

** With the exception of critical issues, code changes are applied to the system through regularly scheduled maintenance releases which might not fall within the 30 day window.

Non-critical performance objectives for resolution may from time to time default to maintenance release schedules and maintenance window schedules for the TelAgility’s UCaaS Solution Powered by Avaya IP Office.

The above service level requirements are applicable to the TelAgility’s UCaaS Solution Powered by Avaya IP Office only and exclude ISP, networking, MPLS connections, service provider roles, responsibilities, channels or customer LAN/WAN systems and phones.  TelAgility will not be responsible for case work and delays resulting from the customer’s activities and responsibilities.  Case work and delays arising as a result will be billable at TelAgility’s then-current time and material rates.

Unavailability

At customer’s request, TelAgility will calculate Total Unavailability.  Total Unavailability comprises the number of minutes in which the TelAgility’s UCaaS Solution Powered by Avaya IP Office service was completely unavailable or as mutually agreed to be performing so poorly as to be effectively unusable within the demarcation point of TelAgility’s data center infrastructure.  Total Unavailability will be counted only if the customer opens a Critical trouble ticket over the phone with TelAgility’s customer support within twelve (12) hours of the total outage.

Exclusions

The following shall be excluded from the application of service level requirements and the measurement of Total Unavailability (“Exclusion’):

  • Failure by the customer to open a critical trouble ticket over the phone with TelAgility’s customer support within twelve (12) hours of the total outage;
  • Faults arising from the customer’s or a downstream service provider’s equipment or applications;
  • Equipment outside of TelAgility’s data center demarcation including, but not limited to, phones, handsets, routers, switches, client registration errors, WiFi, 3G/4G/LTE, internet, MPLS, IP/Ethernet circuits, PSTN;
  • Customer’s or customer’s agent’s acts or omissions, or those of the downstream service providers;
  • The duration of time required for customer and/or downstream service provider to provide TelAgility’s staff access to data needed to troubleshoot and isolate the causes;
  • Reasons of force majeure, emergency or threat;
  • The duration for which any service provided by customer is down or unavailable to TelAgility; or
  • Periods of notified maintenance.

Service Credits

After TelAgility’s closure of the critical case, for each cumulative hour of Total Unavailability, customer’s account shall be credited the pro-rated charges for one day of the monthly charges for multiplied by the number of lines assigned to the respective End User and specifically affected by the total outage.  The total calculated credit will be used to offset future months’ service charges.  Service credits have no cash value.

Customer’s right to the aforementioned service credits shall be in full and final settlement of TelAgility’s liability for failure to achieve service level requirements.

What is the Telecommunications Relay Service?

The Telecommunications Relay Service is a public service which guarantees all citizens access to prompt, professional and accurate communication through the telephone. Consumers of these specialized services. Specifically, individuals who are deaf, DeafBlind, hard of hearing or speech disabled, can communicate on the telephone via TTY, Voice Carry Over (VCO), Hearing Carry Over (HCO), Speech-to-Speech (STS), Spanish-to-Spanish and Captioned Telephone in order to connect with family, friends or business with ease.

How does the Telecommunications Relay Service work?

Simply dial 711 or the appropriate toll-free number provided below, by State, to connect with your State’s Relay provider. A qualified Relay Operator (RO) will ask for the area code and number of the person you wish to call and begin the relay call. Generally, the RO will voice the typed message from the text telephone (TTY) user to you. The RO relays your voiced message by typing it to the TTY user.

Specialized Services:

Each State Relay provider offers a variety of specialized services, that differ by State. Specially trained ROs are on hand to assist with these types of calls by dialing the associated number provided. Examples of Specialized Services are for Spanish Speaking residents, Telebraille, French, Spanish to English translation, 900 Services, etc. Please refer to your State’s services outlined below.

Equipment Distribution Programs

Many States have programs to provide Telecommunication Equipment Distribution (TED) programs offering specialized equipment to eligible individuals in their State who are deaf, DeafBlind, or who have difficulty speaking. Please visit your State’s website for more information on their policy regarding Telecommunications Equipment Distribution.

Emergency Calls

Please note that 711 is only to be used as a relay service. In the event of an EMERGENCY you should continue to use 911. For Emergencies, call or text 911(where available) or call your local emergency service TTY number directly, without using relay. The Americans with Disabilities Act (ADA) requires that 911 centers have a TTY and be prepared to handle emergency calls placed in this manner. It is important to understand that relay centers are NOT 911 centers and do not assume responsibility for emergency calls.

Filing a complaint:

You have multiple options for filing a complaint with the FCC:

  • File a complaint online at https://consumercomplaints.fcc.gov
  • By phone: 1-888-CALL-FCC (1-888-225-5322); TTY: 1-888-TELL-FCC (1-888-835-5322)
  • By mail (please include your name, address, contact information and as much detail about your complaint as possible):

Federal Communications Commission

Consumer and Governmental Affairs Bureau

Consumer Inquiries and Complaints Division

445 12th Street, S.W.

Washington, DC 20554

For more information about FCC programs to promote access to telecommunications services for people with disabilities, visit the FCC’s Disability Rights Office website at http://www.fcc.gov/encyclopedia/disability-rights-office

ALABAMA

TRS Provider – Sprint Relay
Customer Service #’s:
1-800-676-3777 (Voice/TTY)
1-800-676-4290 (Spanish)
1-877-787-1989 (Speech to Speech)
1-866-931-9027 (Voice Carryover)
Email: [email protected]

Access #’s:
711
1-800-548-2547 (Voice)
1-800-548-2546 (TTY/HCO)
1-800-548-0259 (VCO)
1-800-877-8973 (Telebraille)
1-800-548-8317 (Spanish)
1-900-230-4323 (900 Services)

ALASKA

TRS Provider – Sprint Relay
Customer Service #’s:
1-800-676-3777 (Voice/TTY)
1-800-676-4290 (Spanish/TTY/Voice)
1-877-787-1989 (Speech-to-Speech)
1-866-931-9027 (Voice Carryover)
Email: [email protected]

 

Access #’s:
711 or 1-800-770-8973 (TTY)
1-800-770-8255 (Voice)
1-800-770-3919 (ASCII)
1-800-770-6108 (VCO)
1-8800-770-8973 (HCO)
1-866-355-6199 (Spanish) Spanish translation available upon request
1-866-355-6198 (Speech-to-Speech)
1-900-230-2121 (900 Services)

ARIZONA

TRS Provider – Sprint Relay
Email: [email protected]

Access #’s:
1-800-842-4681 (V)
1-800-367-8939 (T)
1-800-842-9818 (VCO)
1-888-842-3372 (ASCII)
1-800-842-6520 (STS)
1-800-842-2088 (Spanish)

ARKANSAS

 

TRS Provider – Sprint Relay
Customer Service #’s: 1-800-676-3777; 1-800-676-4290 (Spanish)
Email: [email protected]

Access #’s:
711 or 800-285-1131(TTY)
800-285-1121(Voice)
866-656-8260(VCO)
800-285-1131(HCO)
866-656-2966(Speech-to-Speech)
866-656-1842(Spanish)
900-230-3131(900 Number calls)
800-855-4000(TTY Operator Assistance)

CALIFORNIA

TRS Provider – Hamilton Relay
Customer Service #’s:
Hamilton Relay – English TTY/Voice/VCO/HCO/STS/ASCII – (877) 632-9095
Hamilton Relay – Spanish TTY/Voice/VCO/HCO/STS/ASCII – (877) 419-8440
Email: [email protected]

CRS Access #’s:
(800) 855-7100 – English
(800) 855-8300 – STS
(800) 855-7200 – Spanish Voice
(800) 855-7400 – VA STS

COLORADO

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777 (Voice/TTY); 877-787-1989 (Speech-to-Speech); 800-676-4290 (Spanish); 866-931-9027 (Voice Carryover)
Email: [email protected]

Access #’s:
711 or 800-659-3656(Voice)
711 or 800-659-2656 (TTY)
877-659-8260 (Voice and Hearing Carryover)
877-659-4279 (Speech-to-Speech)
800-659-2656(Telebraille)
800-337-3242 (Spanish Relay)
844-409-2451 (Spanish Translation)
800-659-4656 (ASCII)
900-230-4656 (900)
800-855-4000 (TTY Operator Assistance)

CONNECTICUT

TRS Provider – Sprint Relay
Sprint Relay Customer Service (24 hours, 7 days, 365 days a year)
Voice/TTY: 1-800-676-3777
TTY: 1-800-842-9710
Spanish: 1-800-676-4290
Fax: 1-877-877-3291
Email: [email protected]

Access #’s:
Relay Connecticut 711
800-842-9710 TTY
800-833-8134 Voice
800-842-9488 VCO
877-855-0921 Spanish to Spanish
877-842-5177 Speech to Speech
900-230-6262 900 Service

DELAWARE

TRS Provider – Sprint Relay
Customer Service #’s: 800-682-8706(V) and 800-682-8786(T)
Email: [email protected]

Access #’s:
800.676.3777 – TTY/ASCII/VOICE/VCO/Speech-to-Speech in English
800.676.4290 – Spanish
7-1-1 – Statewide Number
800.232.5460 – TTY
800.232.5470 – Voice
877.DEL.RLY0 (877.335.7590) – Voice Carry-Over (VCO)
877.DEL.RLY5 (877.335.7595) – Spanish
877.DEL.RLY9 (877.335.7599) – French
877.DEL.S2S4 (877.335.7274) – Speech-to-Speech (STS)
900.468.2525 – 900 Access Number

DISTRICT OF COLUMBIA

TRS Provider – Hamilton Relay
Customer Service #’s: 866-560-1452
Email: [email protected]

Access #’s:
800-643-3769(V)
800-643-3768(TTY)
800-898-0137(ASCII)
800-898-0740(Speech-To-Speech)
800-546-7111(Spanish TTY)
800-546-5111(Spanish Voice)
900-659-5590(Pay per call)

FLORIDA

TRS Provider – Sprint Relay
Customer Access Numbers:
General: 711
Emergency: 911
English: 800-955-8770 (V)
English: 800-955-8771 (TTY)
Spanish: 877-955-8773 (V/TTY)
ASCII: 800-955-1339
Voice Carry Over (VCO): 877-955-8260
Speect to Speech (STS): 877-955-5334
Video Assisted STS: 877-955-5335
Spanish to English Translation: 844-463-9710
French to French: 877-955-8707
900 Pay Per Call: 900-230-6868
Email: [email protected]

GEORGIA

TRS Provider – Hamilton Relay
Customer Service #’s: 866-694-5824 (Voice/TTY)
Email: [email protected]

Access #’s:
800-255-0135(V)
800-255-0056(T)
888-202-4082(STS)
888-202-3972(Spanish)

HAWAII

TRS Provider – Sprint Relay
Customer Service #’s: (24 hours, 7 days, 365 days a year)
TTY/Voice: 1-800-676-3777
Spanish: 1-800-676-4290 (TTY/Voice)
Speech-to-Speech: 1-877-787-1989
Voice Carryover: 1-866-931-9027
Fax: 1-877-877-3291
Email: [email protected]

Access #’s:
Relay Hawaii 711 or
TTY/HCO/ASCII: 1.877.447-5990 (TRS-HI RLY-90)
Voice: 1.877.447.5991 (TRS-HI RLY-91)
VCO: 1.877.447.5992 (TRS-HI RLY-92)
STS: 1.877.447.8711 (TRS-HI STS-11)
Spanish: 1.877.447.7261 (TRS-HI SPAN-1)
900 Svcs: 1.900.230.6767 (Pay Per Call)

IDAHO

TRS Provider – Hamilton Relay
Customer Service #’s: 1-800-368-6185(V/T)
Email: [email protected]

Access #’s:
1-800-377-3529(T/ASCII)
1-800-377-1363(V)
1-866-252-0684(Spanish)
1-888-791-3004(STS)

ILLINOIS

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777(V/TTY)
Email: [email protected]

Access #’s:
800-526-0857(V)
800-526-0844(T)
877-526-6690(STS)
877-826-1130(VCO)

INDIANA

TRS Provider – Sprint Relay
Customer Service #’s: 1-800-676-3777(V/T)
1-800-855-4000 (TTY Operator Service)
1-800-676-4290 (Spanish TTY/Voice)
Email: [email protected]

Access #’s:
7-1-1 or 1-800-743-3333 (V/T)
1-800-743-5207 (VCO)
1-855-892-7429 (HCO)
1-800-743-4869 (Spanish)
1-900-230-3323 (900 Services)
1-877-787-1989 (STS)
1-605-224-1837 (Inbound International Call)

IOWA

TRS Provider – Hamilton Relay
Customer Service #’s: 1-888-516-4692(voice/TTY)
Email: [email protected]

Access #’s:
1-800-735-2943(V)
1-800-735-2942(T)
1-800-735-4313(VCO)
1-877-735-1007(STS)
1-800-264-7190(Spanish)

KANSAS

TRS Provider – Hamilton Relay
Customer Service #’s: 1-866-735-2957
Email: [email protected]

Access #’s:
1-800-766-3777 (V/T)
1-866-305-1343 (Spanish)
1-866-305-1344 (STS)

KENTUCKY

TRS Provider – Hamilton Relay (TRS and CapTel)
Customer Service #’s: 1-888-662-2406 (Voice/TTY); 1-866-557-5762 (Spanish)
Email: [email protected]

Access #’s:
1-800-648-6056(TTY/ASCII/HCO)
1-800-648-6057(V)
1-866-648-5926(VCO)
1-888-244-6111(STS)
1-866-490-4403(Spanish)

LOUISIANA

TRS Provider – Hamilton Relay
Customer Service #’s: 1-888-699-6869(V/T)
Email: [email protected]

Access #’s:
1-800-846-5277(T)
1-800-947-5277(V)
1-888-272-5530(STS)
1-800-737-1813(Spanish)

MAINE

TRS Provider – Hamilton Relay
Customer Service #’s: 1-800-270-9709 (V/TTY)
Email: [email protected]

Access #’s:
1-800-457-1220(V)
1-800-437-1220(T)
1-888-890-9254(ASCII)
1-888-890-9256(STS)
1-888-890-9255(Spanish)

MARYLAND

TRS Provider – Hamilton Relay; Captioned Telephone (CapTel): Hamilton Relay
Customer Service #’s: 1-800-552-7724(V/T)
Email: [email protected]

Access #’s:
711 – In Maryland
1-800-201-7165(V/T)
1-800-735-2258(TTY/HCO)
1-888-826-9673(VCO)
1-800-785-5630(STS)
1-877-735-5151(ASCII)
1-877-258-9854(2-Line VCO)
1-855-828-6465 (VA STS)
1-800-877-1264(Spanish)

MASSACHUSETTS

TRS Provider – Hamilton Relay
Customer Service #’s: 800-720-3480(T) and 800-729-3479(V)
Email: [email protected]

Access #’s:
711(V/T)
1-800-439-2370(T)
1-800-439-0183(V)
1-866-887-6619 (VCO)
1-866-930-9252 (Spanish)
1-800-439-0183 (STS)

MICHIGAN

TRS Provider – Hamilton Relay
Customer Service #: 844-578-6563
Email: [email protected]

Access #’s:
7-1-1

MINNESOTA

TRS Provider – Sprint Relay
Customer Service #’s:

For TTY, VCO, HCO, and STS relay servies
Sprint’s 24-hour Customer Service
Voice/TTY: 1-800-676-3777
Speech-to-Speech: 1-877/787/1989
VCO: 1-866-931-9027
Spanish Voice/TTY: 1-800-676-4290
Fax: 1-877-877-3291
Email: [email protected]
Online: www.sprintrelay.com/contact_us/index.php

 

For CapTel relay service
CapTel’s 24-hour Customer Service (excluding holidays)
Voice: 1-888-269-7477
TTY: 1-800-482-2424
Spanish: 1-866-670-9134
Fax: 1-608-238-3008
Email: [email protected]
Online: www.captel.com/contact-us.php

 

Minnesota Relay Outreach Office
Voice: 651-602-9005/1-800-657-3775
TTY: 1-888-206-6555

TAM Administrator
Rochelle Garrow
Minnesota Department of Commerce
85 Seventh Place East, Suite 600
Saint Paul, MN 55101-3165
Voice: 651-539-1884/1-800-657-3599
Email: [email protected]
Website: www.mnrelay.org

To make a Minnesota Relay call dial 7-1-1. Once connected to the relay service, tell the CA the type of relay call you wish to make. Or, you may dial the specific toll-free number for the type of relay service.

Access #’s:
1-800-627-3529 (TTY/Voice/ASCII/HCO)
1-877-627-3024 (VCO)
1-866-855-4611 (Two-Line VCO)
1-877-627-3848 (STS)
1-877-627-5448 (Spanish Relay)
1-900-230-3324 (900 Pay-Per-Call Services)

If you wish to contact a person who uses a single-line CapTel phone, dial: 1-877-243-2823.

MISSISSIPPI

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777(V)
Email: [email protected]

Access #’s:
1-800-855-1000(V) 1-800-582-2233(TTY)
1-800-229-5746(STS English)
1-866-260-9470(STS Spanish)

MISSOURI

TRS Provider – Sprint Relay
Customer Service #’s:
(24 hours, 7 days, 365 days a year)
TTY/ASCII/Voice/VCO/STS 1-800-676-3777
Spanish 1-800-676-4290
Fax 1-877-877-3291
Email: [email protected]

Access #’s:
Relay Missouri 711 or
TTY/ASCII: 1-800-735-2966
Voice: 1-866-735-2460
Voice Carry Over: 1-800-735-0135
Speech to Speech: 1-877-735-7877
Spanish: 1-800-520-7309
900 Service: 1-900-230-6363

MONTANA

TRS Provider – Hamilton Relay
Customer Service #’s: 1-800-833-8503 V/TTY
Email: [email protected]

Access #’s:
1-866-253-4090(V)
1-800-253-4091(T)
1-877-826-7161(VCO)
1-877-253-4613(STS)
1-866-225-1866(Spanish)

NEBRASKA

TRS Provider – Sprint Relay
Customer Service #’s: 1-800-676-3777(V/TTY)

Access #’s:
1-800-833-7352(TTY)
1-800-564-2481(VCO)
1-800-833-0920(V)
1-888-272-5527(STS)
1-888-272-5528(Spanish)

NEVADA

TRS Provider – Hamilton Relay
Customer Service #’s: 1-888-256-5647(V/T)
Email: [email protected]

Access #’s:
1-800-326-6888 (Voice)
1-800-326-6868 (TTY/ASCII/HCO)
1-888-326-5658 (STS)
1-800-326-4013 (VCO)
1-800-877-1219 (Spanish)

NEW HAMPSHIRE

TRS Provider – Sprint Relay
Sprint Relay Customer Service (24 hours, 7 days, 365 days a year)
TTY/ASCII/Voice/VCO/STS 1-800-676-3777
Spanish 1-800-676-4290
Fax 1-877-877-3291
Email: [email protected]

Access #’s:
Relay New Hampshire 711
800-735-2964 TTY/Voice
800-735-4423 VCO
800-735-1245 Speech to Speech
900-230-4040 900 Service

NEW JERSEY

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777 (Voice/TTY); 800-676-4290 (Spanish); 877-787-1989 (Speech to Speech)
Email: [email protected]

Access #’s:
1-800-852-7897 (V)
1-800-852-7899 (T)
1-866-658-7712 (STS)
1-866-658-7714 (Spanish)
1-866-658-7711 (VCO)
1-800-852-7899 (HCO)
1-866-658-7713 (Telebraille)
1-900-230-4149 (900 services)

NEW MEXICO

TRS Provider – Hamilton Relay
Customer Service #: 1-877-463-0994 (Voice/TTY)
Email: [email protected]

Access #’s:
Spanish: 1-866-355-9214
1-800-659-8331(TTY)
1-800-659-1779(Voice)
1-800-659-4174(VCO)
1-800-327-1857(Spanish)
1-800-745-1570(ASCII)
1-866-355-9213(STS)

NEW YORK

TRS Provider – Sprint Relay
Customer Service #:
Sprint Relay Customer Service (24 hours, 7 days, 365 days a year)
TTY/ASCII/Voice/VCO/STS 1-800-676-3777
Spanish 1-800-676-4290
Fax 1-877-877-3291
Email: [email protected]

Access #’s:
New York Relay V/TTY 711
800-662-1220 TTY/HCO
800-421-1220 Voice
877-826-6977 VCO
877-662-4886 Spanish to Spanish
877-662-4234 Speech to Speech
877-243-2823 CapTel Dial-in
866-217-3362 Spanish-to-Spanish Captioning
900-230-6565 900 Service

NORTH CAROLINA

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777(Voice/TTY)
877-787-1989 (Speech to Speech)
800-676-4290 (Spanish)
Email: [email protected]

Access #’s:
800-735-8200 (Voice)
800-735-2962 (TTY)
877-735-8261 (STS)

NORTH DAKOTA

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777(V/T)
Email: [email protected]

Access #’s:
800-366-6889(V)
877-366-8600(VCO)
800-366-6888(TTY)
877-366-3709(STS)
800-435-8590(Spanish)VCO)

OHIO

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777 (TTY/Voice/ASCII/VCO/HCO)
Email: [email protected]

Access #’s:
800-750-0750 (TTY/Voice/HCO)
877-750-9097 (STS)
888-269-0678 (Spanish)
Access Website URL:  www.SprintIP.com and www.ohiorelay.com
Access Information:  www.sprintrelay.com

OKLAHOMA

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777
Email: [email protected]

Access #’s:
800-522-8506(T/V)
800-722-0353(T/V)
1-877-722-3515(STS)

OREGON

TRS Provider – Sprint Relay
Customer Service #’s: 1-800-676-3777 (V/TTY); 1-800-676-4290 (Spanish); 1-877-787-1989 (STS); 1-866-931-9027 (VCO)
Email: [email protected]

Access #’s:
7-1-1 (In-State)
1-800-735-2900 (TTY)
1-800-735-1232 (Voice)
1-800-735-3260 (VCO)
1-800-735-7525 (STS)
1-800-735-0644 (ASCII)
1-800-735-3896 (Spanish)
1-800-359-2703 (Spanish to English and English to Spanish)
1-900-568-3323 (900 Services)

PENNSYLVANIA

TRS Provider – Hamilton Relay
Customer Service #: 800-974-1253(Voice/T)
Email: [email protected]

Access #’s:
800-654-5988(V)
800-654-5984(T)
844-308-9292(STS)
844-308-9291(Spanish)

PUERTO RICO

TRS Provider – Sprint Caribe
Customer Service #’s: 1-800-676-3777 – (V/T) English
1-800-676-4290 – (V/T) Spanish
1-877-787-1989 – Speech to Speech
1-866-931-9027 – VCO
Email: [email protected]

 

Access #’s:
7-1-1(In-State)
Spanish:
1-866-280-2050 (TTY)
1-866-280-2051 (Voice)
1-866-280-2656 (VCO)
VCO Traduccion: 1-866-280-2657
1-866-280-2050 (HCO)
1-866-280-2052 (STS)

English:
1-866-280-2053 (TTY)
1-866-280-2054 (Voice)
1-866-280-2657 (VCO)
1-866-280-2053 (HCO)
1-866-280-2055 (STS)

RHODE ISLAND

TRS Provider – Hamilton Relay
Customer Service #’s: 1-866-703-5485(V/T)
Email: [email protected]

Access #’s:
1-800-745-5555(T)
1-800-745-6575(V)
1-800-745-1570(ASCII)
1-866-355-9213(STS)
1-866-355-9214(Spanish)

SOUTH CAROLINA

TRS Provider – Sprint Relay
Customer Service #’s:
1-800-676-3777(V/TTY)
1-800-676-4290 (Spanish)
1-877-787-1989 (Speech-to-Speech)
1-866-931-9027 (VCO)
Email: [email protected]

Access #’s:
1-800-735-8583 (TTY and Hearing Carryover)
1-800-735-2905 (V)
1-877-735-8263 (Voice Carryover)
1-800-877-1229 (Spanish)
1-877-735-7277(STS)
1-800-735-8583 (SC Relay)
1-800-735-7293 (ASCII)
1-877-225-8337(SC TEDP)

SOUTH DAKOTA

TRS Providers – Sprint Relay
Customer Service #’s:
1-877-866-8950 (Voice/TTY)
1-800-676-4290 (Spanish)
1-877-787-1989 (Speech-to-Speech)
1-866-931-9027 (VCO)
Email: [email protected]

Access #’s:
711 (All Services)
1-800-877-1113 (TTY/Voice HCO/ASCII)
1-877-981-2117 (VCO)
1-877-981-9743 (Spanish)
1-877-981-9744 (STS)

TENNESSEE

TRS Provider – Sprint Relay
Customer Service #’s: 866-503-0262(V/T and ASCII)
Email: [email protected]

Access #’s:
800-848-0299(V)
800-848-0298(TTY)
1-866-503-0264(STS)
1-866-503-0263(V/T/ASCII)
900 Access: 900-476-2727(TTY)
711 In-State

TEXAS

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777(V/T)
Email: [email protected]

Access #’s:
800-735-2988(V)
800-735-2989(T)
800-735-2991(A)
1-877-826-6607(STS)

UTAH

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777V/T)
Email: [email protected]

Access #’s:
888-735-5906(Voice)
800-346-4128(V/T)
888-346-5822(STS)
800-346-4128(TTY)

VERMONT

TRS Provider – Sprint Relay
Customer Service #’s: 800-676-3777(V/T)
Email: [email protected]

Access #’s:
800-253-0195(V)
800-253-0191(T)
1-800-229-5746(STS English)
1-866-260-9470(STS Spanish)

VIRGIN ISLAND

TRS Provider – Sprint Relay
Customer Service #’s:
1-866-883-4038 (V/TTY)
1-800-676-4290 (Spanish)
1-877-787-1989 (Speech to Speech)
1-866-931-9027 (Voice Carryover)

Access #’s:
1-800-440-8477 TTY
1-800-809-8477 Voice
1-800-940-0656 Spanish
1-800-940-0712 STS

VIRGINIA

TRS Provider – Hamilton Relay
Customer Service #’s: 1-866-894-4116 (V) and 1-866-246-9300 (T)
Email: [email protected]

Access #’s:
1-800-828-1140 (Voice)
1-800-828-1120 (TTY)
1-866-221-6784 (STS English)
1-800-855-8220 (VA STS)
1-800-855-8200 (Spanish)

WASHINGTON

TRS Provider – Hamilton Relay
Customer Service #’s: 1-800-974-1548(V/T)
Email: [email protected]

Servicio al Cliente: 1-866-744-7471 (V/T)
CapTel Customer Service: 1-888-744-7477 (V/CapTel/T)
CapTel Servicio al Cliente: 1-866-670-9134 (Voz/CapTel/T)

 

Access #’s:
7-1-1(In-State)
1-800-833-6388 (TTY)
1-800-833-6384 (Voice)
1-800-833-6386 (VCO)
1-877-833-6341 (STS)
1-800-833-6385 (Telebraille)
1-877-833-6399 (Spanish TTY)
1-877-833-6398 (Spanish Voice)

WEST VIRGINIA

TRS Provider – Sprint Relay
Customer Service #: TTY/STS/ASCII/Voice/VCO: 1-800-676-3777
1-800-676-4290 (Español)
Email: [email protected]

Access #’s:
711
1-800-982-8772 (Voice)
1-800-982-8771 (TTY/HCO/ASCII)
1-866-519-0570 (Speech-to-Speech)
1-866-519-0569 (Spanish to Spanish)
1-877-243-2823 (CapTel Voice-in)
1-877-298-3348 (Spanish to English)
1-877-298-3349 (TeleBraille)
1-877-298-3330 (VCO Direct)
1-900-230-7272 (900 – not toll-free)
Sprint’s TTY Operator Service:
1-800-855-4000

WISCONSIN

TRS Provider – Sprint Relay 
Customer Service #’s: 1-800-676-3777 (TTY/VCO/Voice/ASCII)
Email: [email protected]
Website: www.wisconsinrelay.com

Access #’s:
1-800-947-3529 (TTY/HCO)
1-800-947-6644 (Voice)
1-877-490-3724 (VCO)
1-800-833-7637 (STS)
1-800-833-7813 (Spanish – Spanish)
1-877-490-3723 (Spanish – English)

WYOMING

TRS Provider – Sprint Relay
Customer Service #’s: 1-888-694-4450 (V/TTY)
1-800-676-4290 (Spanish V/TTY)
1-877-787-1989 (Speech to Speech)
1-866-931-9027 (VCO)
1-888-269-7477 (English CapTel)
1-866-670-9134 (Spanish CapTel)
Email: [email protected]

Access #’s:
711 (All Services)
1-800-877-9975 (V)
1-800-877-9965 (TTY/HCO)
1-877-787-0503 (STS)
1-877-877-1474(VCO)
1-800-829-2783 (Spanish)
1-900-230-3327 (900 Pay-Per Call)
1-877-243-2823 (to reach a CapTel user)
1-866-217-3362 (Spanish-to-Spanish CapTel)

Ayava EULA – Terms of Use for Hosted Services

Updated September 18, 2015

BELOW ARE THE TERMS OF USE FOR HOSTED SERVICES, AS DESCRIBED FURTHER IN THE THEN-CURRENT AVAYA-PROVIDED HOSTED SERVICE DESCRIPTION (“HOSTED SERVICE DESCRIPTION”) REGARDING THE APPLICABLE HOSTED SERVICE (THE “SERVICE”). “COMPANY” OR “AVAYA”, AS REFERENCED HEREIN, MEANS AVAYA INC. OR THE APPLICABLE AVAYA AFFILIATE OR, WHERE APPROPRIATE, ITS SUPPLIERS OR LICENSORS. “YOU”, “YOUR” OR “END USER”, AS REFERENCED HEREIN, MEANS YOU, OR THE LEGAL ENTITY FOR WHOM YOU ARE DOWNLOADING, ACCESSING OR USING THE SERVICE, OR ANY OTHER PERSON OR ENTITY WHOM YOU AUTHORIZE TO DOWNLOAD, ACCESS OR USE THE SERVICE ON BEHALF OF YOURSELF OR THE LEGAL ENTITY FOR WHOM YOU ARE DOING SO. PLEASE READ THE FOLLOWING TERMS OF USE FOR THE SERVICE, INCLUDING ANY AND ALL SCHEDULES ATTACHED HERETO (“TERMS OF USE”) CAREFULLY BECAUSE THEY WILL APPLY TO YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING ANY DOCUMENTATION PROVIDED TO YOU REGARDING THE SERVICE), AND THE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND COMPANY. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. IF YOU AGREE WITH THESE TERMS OF USE, PLEASE SELECT AND CHECK THE “ACCEPT” BUTTON BELOW. IF THERE IS NO “ACCEPT” BUTTON ON THE SCREEN, YOU AGREE TO THESE TERMS OF USE WHEN YOU EITHER SELECT THE “DOWNLOAD” BUTTON (OR EQUIVALENT OPTION) OR ACCESS OR USE THE SERVICE, OR AUTHORIZE OTHERS TO DO SO ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE DOING SO. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE OR DO NOT AGREE WITH THEM, PLEASE SELECT AND CHECK THE “DECLINE” BUTTON AND DO NOT ACCESS OR USE THE SERVICE OR AUTHORIZE ANYONE TO ACCESS OR USE THE SERVICE. IF YOU DO NOT SEE A “DECLINE” BUTTON ON THE SCREEN, THEN PLEASE SELECT THE “CANCEL” BUTTON (OR OTHER EQUIVALENT OPTION). THESE TERMS OF USE ARE EFFECTIVE AS OF THE DATE YOU EITHER SELECT AND CHECK THE “ACCEPT” BUTTON, SELECT THE “DOWNLOAD” BUTTON (OR EQUIVALENT OPTION), OR ACCESS OR USE THE SERVICE.

COMPANY MAY, AT ITS SOLE DISCRETION, REVISE AND UPDATE THESE TERMS OF USE AT

ANY TIME WITHOUT NOTICE BY POSTING AMENDED TERMS TO http://support.avaya.com/LicenseInfo (OR SUCH SUCCESSOR SITE AS DESIGNATED BY COMPANY OR, UPON NOTICE BY AVAYA, THROUGH SOME OTHER MEANS DESIGNATED BY AVAYA). YOUR CONTINUED USE OF THE SERVICE MEANS THAT YOU ACCEPT AND AGREE TO ANY REVISED TERMS OF USE. IF YOU DISAGREE WITH THE TERMS OF USE (AS MAY BE AMENDED FROM TIME TO TIME), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED AT http://support.avaya.com/LicenseInfo (OR SUCH SUCCESSOR SITE AS DESIGNATED BY COMPANY).

1. USE OF THE SERVICE; RESTRICTIONS ON USE, PAYMENT

  • System Requirements. In order to use the Service, You must, at Your own expense, provide and utilize one or more compatible devices, Internet access, and certain software, and You may be required to obtain updates or upgrades to the foregoing. Your ability to use the Service may be affected by the performance of these items. You acknowledge and agree that system requirements for the Service may change and that You are solely responsible to adhere to the system requirements at Your own expense. You are responsible for ensuring that Your networks and systems are adequately secured against unauthorized intrusion or attack and regularly backing up your data and files in accordance with good computing practices.
  • To access the Service, You may be asked to provide certain registration details or other information, including, without limitation, email addresses, before any use of, or access to, the Service will be permitted. It is a condition of Your use of the Service that all the information You provide will be correct, current and complete and that You promptly update Your registration information as needed. You may not use another user’s or customer’s account. You shall be solely responsible for all activities that occur under Your account or subscription.
  • Limited License and Scope of Use. Subject to these Terms of Use, Company hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use the Service during the subscription term solely for Your internal business purposes, which includes the limited, non-exclusive, non-transferable, non-sublicenseable right to use any Company Content (defined in Section 5(a) below) solely for internal business purposes and solely as part of Your use of the Service. Your ability to access and use the Service and any Company Content is, at all times, conditioned on Your timely payment in accordance with Your contract terms for the Service and Your compliance with these Terms of Use. Your use of the Service shall be limited by the number and type of licenses subscribed to under Your contract for the Service, provided, however, that for certain Service(s), if applicable, You may have the opportunity to use flex licenses, which will be invoiced according to actual usage above the contract license level. Contact Company or Company’s authorized channel partner for more information about the licenses for the applicable Service, the availability of any flex licenses (if applicable), pricing and billing information, and other important information regarding the Service.
  • You agree not to do any of the following, or allow others to do any of the following: (1) use the Service in a manner that is actually or potentially libelous, defamatory, threatening, harmful, harassing, indecent, obscene, in violation of any third party intellectual property rights or privacy rights of any person, or otherwise unlawful under any applicable law or regulation; (2) misrepresent an affiliation with, or otherwise impersonate, any person or organization; (3) upload or otherwise transmit files that contain a virus or corrupted data; (4) download a file or software or include in the Service any content, software, files or links that You know, or have reason to believe, cannot be distributed legally over the Service; (5) post “spam,” transmit unsolicited messages, advertising, telemarketing, chain letters, bulk email, or texts or engage in other similar activities; (6) advocate illegal activity or discuss an intent to commit an illegal act; (7) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (8) access or attempt to access the Service by any means other than an interface provided by Company or bypass or attempt to bypass the measures Company may use to prevent or restrict access to the Service; (9) engage in any other conduct that (a) prevents, restricts or inhibits anyone’s use or enjoyment of the Service or which, as determined by Company, may harm Company or users of the Service or expose them to liability; (b) interferes with, disrupts, disables, damages, or overburdens the Service or associated servers, networks, or software or (c) damages any Company or third party property or information, including, without limitation, Company’s confidential information, Company’s Content and Other Users’ Content; (10) reproduce, duplicate, copy, transfer, modify, license, sell, trade, or resell the Service or any Company Content, unless Company expressly agrees otherwise in writing; (11) reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Service; (12) transfer Your subscription to the Service to any other company or entity without the prior written consent of Company; or (13) use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the Service in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo.
  • Mobile Services. Some or all of the Service may be available or accessible via a mobile device, including (1) the ability to transmit content to the Service; (2) the ability to browse the Service; and (3) the ability to access certain features of the Service through downloaded and installed applications. To use or access the Service via a mobile device, a compatible mobile device must be used; however, Company cannot guarantee that all mobile devices are or will be compatible. To the extent the Service is accessed or used through a mobile device, the applicable wireless service carrier’s charges, data rates and other fees may apply.
  • If you are making payment online through Company’s web ordering portal, Company will charge your credit or debit card, or such other payment mechanism as may be approved by Company, for the fees for the Service, as further provided in the E-commerce Payment Supplement which is attached hereto as Schedule 1.

2. SUBSCRIPTION TERM; EXPIRATION/TERMINATION; SURVIVAL

  • Term. A subscription to the Service is sold (either directly by Company or via Company’s authorized channel partner) for a specified subscription term. Orders for Service subscriptions are subject to acceptance. Contact Company or Company’s authorized channel partner for more information. The license to the Service granted to You is subject to these Terms of Use and is effective until the end of the subscription term for the Service, unless terminated earlier as provided herein or in accordance with Your contract terms for the Service.
  • Expiration/Termination. Upon expiration of the subscription term for the Service or termination (whichever is earlier), You shall immediately cease use of the Service and any Company Content in its entirety. Notwithstanding anything to the contrary, in addition to any other rights and remedies available to Company as a matter of law, equity, contract, or otherwise, the Service and Your rights and licenses under these Terms of Use may be terminated immediately by Company, without any refund obligation, credit obligation, or other liability, upon Your failure to comply with any of these Terms of Use.
  • The provisions concerning restrictions on use, expiration/termination, survival, Company’s Intellectual Property rights, disclaimer of warranties, limitation of liability, any of Your indemnification obligations under these Terms of Use (in any section of these Terms of Use), Feedback, Protection of Service and Company Content, Miscellaneous, and any other terms which, by their nature, are intended to survive termination will survive any such termination or expiration.

3. YOUR CONTENT

  • You are solely responsible for the content of all information and communications, whether visual, written, audible, or of another nature, sent, displayed, uploaded, posted, published, or submitted by You (including Your personnel) while utilizing the Service (“Your Content”) and for the consequences of doing so, including any loss or damage to Company or a third party. Company has no responsibility to You or to any third party for Your Content.
  • You continuously represent that (i) You are the owner of all copyrights and other intellectual property rights in Your Content or are authorized to access, use, store, archive for a period of time, modify, display, reproduce, prepare derivative works of, and distribute Your Content; and (ii) Avaya, its suppliers and subcontractors are authorized to do the same to the extent necessary for the purpose of providing support, administration, operation, maintenance, and/or distribution of the Service.
  • You are solely responsible for protecting and enforcing, at Your expense, any intellectual property rights You may have in Your Content.
  • Subject to Avaya’s privacy policy in Section 10(a), Avaya will not share Your Content or Other Users’ Content (as defined in Section 4(a)) with any third parties unless: (1) Avaya has Your written or electronic consent for sharing any of Your Content and Other Users’ Content; (2) it is required by law; or (3) Avaya provides Your Content or Other Users’ Content to third parties to carry out tasks on Avaya’s behalf (g., data storage) as directed by Avaya and subject to appropriate agreements with those third parties.

4. OTHER USERS’ CONTENT

  • Other Users’ Content. Company does not control and shall have no liability or responsibility for the (1) conduct or (2) content of any information and communications, whether visual, written, audible, or of another nature, sent, displayed, uploaded, posted, published, or submitted by other users while utilizing the Service, including, without limitation, advertisements or sponsored content (item (2) collectively referred to as “Other Users’ Content”). Other Users’ Content may be protected by copyright and other intellectual property rights of such users or other persons. You shall not copy, modify, rent, lease, sell, loan, distribute, or create derivative works based in whole or part upon Other Users’ Content unless specifically agreed by the owners of such Other Users’ Content in a separate written or electronic agreement with you.
  • You continuously represent that (1) You are authorized by Your customers and by any other individuals with whom You interact or communicate via the Service to access, use, store, archive for a period of time, modify, display, reproduce, prepare derivative works of, and distribute their Other Users’ Content; (2) Company, its suppliers and subcontractors are authorized to do the same to the extent necessary for the purpose of providing support, administration, operation, maintenance, and/or distribution of the Service; and (3) You are fully responsible for any damages, liabilities, or losses (including, without limitation, attorneys’ fees and court costs) incurred by Avaya arising from any failure by You to comply with Sections 4(b)(1) or (2).

5. COMPANY’S INTELLECTUAL PROPERTY RIGHTS

  • Company Owns Company Intellectual Property. Company or its licensors or suppliers own all right, title, and interest in and to the Service, associated software (if any), and the content of all information and communications, whether visual, written, audible, or of another nature provided or presented or submitted by or on behalf of Company as part of the Service (“Company Content”). You shall not copy, modify, rent, lease, sell, loan, distribute, or create derivative works based in whole or part upon Company’s Content. Company reserves all rights, including, without limitation, ownership, title, and all other rights and interest in and to any computer programs (in object or source code format or any other form), know-how, derivative works, inventions, processes, databases, documentation, training materials, and any other intellectual property and any tangible embodiments of it (collectively, “Intellectual Property”) that: (1) Company owned prior to providing Service, (2) Company develops, creates, or otherwise acquires independently of the Service, or (3) Company develops, creates, or otherwise acquires while performing any services in connection with the Service.
  • Company Marks. Nothing in these Terms of Use grants You any right to use any Company trade names, trademarks, service marks, logos, domain names, trade dress, or other distinctive brand features. You shall not remove, obscure, or alter any proprietary rights notices, such as copyright or trademark notices, attached to or contained within Company’s Content, the Service, or any associated software or servers (if any).

6. RIGHTS AND DISCLAIMERS

  • Any content and/or opinions uploaded, transmitted, expressed, or submitted to the Service are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Company. All information transmitted through the Service is the sole responsibility of the person from whom such information originated. Company will not be liable in any way for such content. Company cannot guarantee the identity of any other users with whom You may interact in the course of using the Service or the authenticity of the data or information provided by other users.
  • Company reserves the right, but is not obligated to: (1) pre-screen, refuse, flag, filter, or remove any material posted on the Service, including any of Your Content, which Company, in its sole discretion, deems inconsistent with these Terms of Use, including any material Company has been notified or has reason to believe constitutes intellectual property infringement; and/or (2) take any action it deems appropriate with respect to any prohibited use of the Service or Company Content or other use of the Service that it deems to be inappropriate, in violation of these Terms of Use, or potentially disruptive to the Service or Company’s network, including, without limitation, issuing warnings or disabling or terminating Your subscription to the Service, accounts or any user’s access to all or part of the Service. Notwithstanding any other provision in the Terms of Use, Company may take any such action(s) without notice or liability to You or any other party, although Company will have no obligation or responsibility to take any such action or review material or content that is posted on the Service. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by You or any third parties.
  • Unless otherwise stated by Company in the Hosted Service Description, Company may at its sole discretion (1) modify or discontinue aspects, features, and functionality of the Service without prior notice; or (2) discontinue the Service in its entirety, but Company will endeavor to provide sixty (60) days advance notice (however, the actual timing may be shorter or longer at Company’s discretion).
  • You acknowledge that, as part of the Service, Company may, for a period of time, archive Your Content and Other Users’ Content and may periodically delete Your Content and Other Users’ Content after a certain period of time. Contact Company or Company’s authorized channel partner for more information.
  • It is Company’s policy to respond to notices of alleged copyright or trademark infringement that comply with applicable international intellectual property law (including, without limitation, in the United States the Digital Millennium Copyright Act) and where appropriate at Company’s discretion to terminate the accounts or subscription of infringers. If You would like to send Company an alleged copyright or trademark infringement notice as it pertains to the Service, go to the following link — http://support.avaya.com/AvayaCopyrightAgent (or such successor site as designated by Company) and follow the instructions on how to get in touch with Company. If You have trouble accessing this link, then You may contact Company for further information at 908-953-2044.
  • UNLESS OTHERWISE PROVIDED IN THE HOSTED SERVICE DESCRIPTIONS, OTHERWISE PROVIDED BY AVAYA IN WRITING, OR REQUIRED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS NOT ENABLED FOR, DOES NOT PROVIDE, AND IS NOT INTENDED TO BE USED FOR CALLING 911 OR CALLING OR REQUESTING OTHER EMERGENCY SERVICES. YOU MUST USE ANOTHER SERVICE TO DIAL 911 AND/OR REQUEST EMERGENCY ASSISTANCE.

7. DISCLAIMER OF WARRANTIES

YOU MAY BE ENTITLED TO SUPPORT SERVICES IN CONNECTION WITH THE SERVICE AS DESCRIBED FURTHER IN THE HOSTED SERVICE DESCRIPTION OR YOUR SUPPORT SERVICE ENTITLEMENT DOCUMENTS. CONTACT COMPANY OR COMPANY’S AUTHORIZED CHANNEL PARTNERS FOR MORE INFORMATION. NOTWITHSTANDING THE FOREGOING, AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (INCLUDING ANY FUNCTIONALITY AND/OR CONTENT MADE AVAILABLE OR ACCESSED THROUGH USE OF THE SERVICE), AS WELL AS THE SOFTWARE, WEBSITES, SERVERS, SUBSCRIPTIONS, AND ACCOUNTS USED OR ACCESSED AS PART OF THE SERVICE, ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND THE SERVICE IS PROVIDED ON AN “AS AVAILABLE” BASIS. COMPANY, ITS LICENSORS, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER COMPANY, NOR ITS LICENSORS, NOR ITS SUPPLIERS WARRANTS THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR OR VIRUSES; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE (IF ANY) PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE WILL OPERATE OR BE COMPATIBLE WITH ANY PARTICULAR DEVICE. NEITHER COMPANY, NOR ITS LICENSORS, NOR ITS SUPPLIERS SHALL HAVE ANY RESPONSIBILITY FOR DAMAGE RESULTING FROM THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY DEVICE OR LOSS OF DATA RESULTING FROM DOWNLOADING, OTHERWISE ACCESSING, OR USING ANY CONTENT, MATERIAL, OR DATA THROUGH THE SERVICE. DOWNLOADING, OTHERWISE ACCESSING, AND USING SUCH CONTENT, MATERIAL, OR DATA IS AT YOUR OWN RISK. COMPANY DOES NOT HAVE ANY RESPONSIBILITY FOR RETAINING ANY USER INFORMATION OR CONTENT OR COMMUNICATIONS BETWEEN USERS, UNLESS AS OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW.

8. LIMITATION OF LIABILITY

EXCEPT FOR PERSONAL INJURY CLAIMS OR WILLFUL MISCONDUCT AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS RESELLERS, ITS SUPPLIERS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR, REGARDLESS OF WHETHER THEY WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW THE POSSIBILITY THEREOF AND REGARDLESS OF WHETHER THE LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE: (A) ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, OR DATA, TOLL FRAUD, OR COST OF COVER, SUBSTITUTE GOODS, OR PERFORMANCE; OR (C) ANY DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE IN EXCESS OF THE SUBSCRIPTION FEES RECEIVED BY AVAYA IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE GIVING RISE TO THE CLAIM FOR THE SERVICE PROVIDED TO YOU THAT GIVES RISE TO THE CLAIM. THE LIMITATION OF LIABILITY WILL APPLY TO ANY DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), EQUITY, OR OTHERWISE.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company (including its affiliates) and each of their respective officers, directors, employees, consultants, agents, suppliers, licensors, and Company authorized channel partners from any and all third party allegations, claims, demands, actions, proceedings, and suits, liability, damages, settlements, penalties, fines, losses, expenses, and/or costs (including, without limitation, attorneys’ fees and cost of suit) arising from or related to (a) Your use of the Service, (b) Your interactions or disputes with others related to the Service, (c) the violation of any term or condition of these Terms of Use, or (d) infringement or violation of any intellectual property or other right of any person or entity in connection with Your use of the Service or Your violation of these Terms of Use.

10. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY

  • Company’s privacy policy is located at http://investors.avaya.com/governance/data_privacy (or such successor site as designated by Company), and is also available upon request made to Company. As part of the delivery, administration, operation, and/or support of the Service, Company may use or process personal data pertaining to You, Your personnel, or users with whom You communicate or interact via the Service. By using a mobile device to use or access the Service, You agree that certain information or personal data about the applicable user’s use of the same may be communicated to Company. Personal data and information will be used by Company for communication, administrative, and/or operational purposes related to the Service, including, without limitation, providing support for the Service, and You agree to the use of Your data as described herein. Without limiting the generality of the foregoing, Company may provide its third party providers and referral companies who may be located outside your country of residence who provide Company with services related to the Service with certain of Your data, such as Your name, address, and number of subscribers Company supports, and will reasonably cooperate, at Your expense, with You, as necessary, to allow the owner of personal data to correct or delete inaccuracies in such personal data and to oppose the processing of such data on legitimate grounds, by sending a request to the address of Company provided by parties in the orders pertaining to the applicable Service.

You are fully responsible for providing a legally enforceable privacy notice to any users with whom You or Your personnel communicate or otherwise interact via the Service. Such privacy notice shall include, at a minimum, a notice addressing (a) what is done with such users’ data, (b) for what purposes such users’ data is being used, (c) who might have access to such users’ data (e.g., Company or Company’s subcontractors, as part of its delivery, administration, operation, and/or support of the Service), and (d) any other topics required by applicable privacy laws and regulations. You shall also be fully responsible for informing users with whom You communicate or interact via the Service to the extent You do not want them to share with You via the Service sensitive information that may be in violation of certain laws and regulations (e.g., personal health information or personally identifiable information like credit card information, social security numbers, or bank account information, etc.). You are fully responsible for complying with all applicable laws, including, without limitation, all applicable privacy laws and regulations.

  • Protection of Personal Information and Security. Any user names and passwords used for the Service are for individual use only. You will be responsible for the security of Your user names and passwords (if any) and You may not disclose them to any third party. Compromised passwords represent a major security risk. Company encourages You to create strong passwords using three different character types, change Your password regularly and refrain from using the same password regularly. You must treat such information as confidential. You agree to notify Company immediately upon becoming aware of any unauthorized use or breach of Your user name, password, account, or subscription. Having regard to the state of technological development and the cost of implementing any measures, Company will: (1) take appropriate technical and organizational measures against the unauthorized or unlawful processing of personal data and against the accidental loss or destruction of or damage to personal data to ensure a level of security appropriate to (i) the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction, or damage, and (ii) the nature of the data to be protected; and (2) take reasonable steps to ensure compliance with those measures.

You are prohibited from using any Service or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Company reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any messages or content or publishing or otherwise making available any materials that are believed to violate these Terms of Use. You are fully responsible for informing users with whom You may communicate or otherwise interact via the Service of the foregoing right belonging to Company. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

11. FEEDBACK

Company welcomes Your comments, suggestions, or feedback (collectively, “Feedback”) about the Services. All such Feedback provided by You to Company or its authorized channel partners will become Company’s property and You agree that all intellectual property rights therein are transferred and assigned to Company. You agree to cooperate fully with Company in connection with such transfer and assignment. Company may use such Feedback however it elects without any monetary or other consideration of any kind owed to You or any third party.

12. EXTERNAL LINKS AND THIRD PARTY SERVICES

The Service may contain hyperlinks to non-Company websites, content, or resources or otherwise interface or work with third party services which are not maintained or controlled by Company (collectively, “External Services and Sites”). Your use of such External Services and Sites is at Your own risk. You acknowledge and agree that Company has no responsibility for the availability, security, or any aspect of External Services and Sites; Company does not endorse any advertising, products, resources or third party services available on such External Services and Sites or the External Services and Sites themselves. Company shall not be liable for any loss or damage incurred related to such External Services and Sites, including, without limitation, their availability or the completeness, accuracy, or existence of any advertising, products, or other materials on or available through them.

13. PROTECTION OF SERVICE AND COMPANY CONTENT

While You may use the Service only for Your internal business purpose (including, as applicable and depending on the Service, communicating or otherwise interacting with users in accordance with these Terms of Use), You acknowledge that the Service and Company Content are the confidential information of Company, its suppliers, and its licensors and contain trade secrets of Company, its suppliers, and its licensors. You agree at all times to protect and preserve the Service and Company Content using no less than the level of care You use to protect Your own information of a confidential nature and to implement reasonable security measures to protect the trade secrets of Company, its suppliers, and its licensors. Company will implement reasonable measures designed to help You secure Your Content against accidental or unlawful loss, access or disclosure. However, no ecommerce solution, on-line service, website, database or system is completely secure or “hacker proof,” and You are also responsible for taking reasonable steps to protect Your personal or confidential information against unauthorized disclosure or misuse.

14. SOFTWARE LICENSE TERMS AND UPDATES

  • Depending on the Service, there may be a software portion of the Service where You download software. The software portion of the Service (including any updates as set forth in (b) below) shall be licensed pursuant to (1) the original agreement under which the applicable software was licensed to You by Company, (2) the terms and conditions made available to You when You download or install the software portion of the Service, or (3) if no such license exists, then the Avaya Global Software License Terms posted at http://support.avaya.com/LicenseInfo (or such successor site as designated by Company), as of the date of Your order will apply, for the sole purpose of utilizing the Service, in accordance with the terms of these Terms of Use and the applicable Hosted Service Description document, and for the duration of Your subscription.
  • Depending on the Service You subscribe to, if applicable, software may automatically download and install updates from Company from time to time. You agree to allow such updates to be promptly downloaded and installed as part of Your utilization of the Service.

15. RECORDING

  • Some Services may involve recording and/or monitoring. For those Services, information uploaded to or in any way passing through the Service, including written, visual, or oral communications or other electronic means, may be recorded or monitored for quality assurance, diagnostic, and/or training purposes. By accessing or using the Service, You consent to such recording, monitoring and usage. You are also responsible for informing anyone with whom You interact or otherwise communicate via the Service that information uploaded to or in any way passing through the Service, including written, visual or oral communications or other electronic means, may be recorded or monitored for quality assurance, diagnostic, and/or training purposes.
  • Recording of Conferences. If conferences are applicable to the Service You are subscribing to, You acknowledge that the laws of certain states require that if a conference is to be recorded, all participants in the conference must be informed of that prior to conference commencement. You acknowledge and agree that You shall be solely responsible for this announcement and that any such recording will be conducted in accordance with applicable laws if You intend to record such conference or You have any participant who has requested that the conference be recorded. Company shall have no liability to You or any participant in Your recorded conference if such announcement is not made or You fail to comply with applicable laws.

16. MISCELLANEOUS

  • Compliance with Laws. You shall observe all applicable laws and regulations when accessing and/or using the Service and any work product or content of the Service, including, without limitation, any export and import laws and/or regulations. Compliance with Personal Health Information (PHI) and Health Insurance Portability and Accountability Act (HIPAA) regulations require adherence to certain security measures and capabilities, and the Service does not provide full compliance. You must ensure that the Service is only applied to use-case scenarios where the Service does provide the necessary level of compliance.
  • Import/ Export Compliance. You will not export or re-export and or transfer the Company Content when accessing and or using the Service and any work product or content of the Services in violation of the import/export control laws and regulations of Wassenaar members. You represent that you are not named on any government list of persons or entities that are prohibited or in violation from receiving services, products, and technology. You will not support or engage in activities including any restrictions or prohibitions on trade or financial transactions with certain countries or entities. You will not support with or enter into transactions with the proscribed states, or entities based in: Iran, Syria, North Korea, Cuba, and Sudan.
  • High Risk Activities. The Service is not fault-tolerant and is not designed, manufactured, or intended for any use in any environment that requires fail-safe performance in which the failure of the Service could lead to death, personal injury, or significant property damage (“High Risk Activities”). You assume the risk for use of the Service in any High Risk Activities.
  • Governing Law, Arbitration, Injunctive Relief and Time Limit. These Terms of Use and any dispute, claim or controversy arising out of or relating to these Terms of Use (“Dispute”), including without limitation those relating to the formation, interpretation, breach or termination of these Terms of Use, or any issue regarding whether a Dispute is subject to arbitration under these Terms of Use, will be governed by California State laws, excluding conflict of law principles, and the United Nations Convention on Contracts for the International Sale of Goods.

Any Dispute shall be resolved in accordance with the following provisions. The disputing party shall give the other party written notice of the Dispute. The parties will attempt in good faith to resolve each Dispute within thirty (30) days, or such other longer period as the parties may mutually agree, following the delivery of such notice, by negotiations between designated representatives of the parties who have dispute resolution authority. If a Dispute that arose anywhere other than in the United States or is based upon an alleged breach committed anywhere other than in the United States cannot be settled under these procedures and within these timeframes, it will be conclusively determined upon request of either party by a final and binding arbitration proceeding to be held in accordance with the Rules of Arbitration of the International Chamber of Commerce by a single arbitrator appointed by the parties or (failing agreement) by an arbitrator appointed by the President of the International Chamber of Commerce (from time to time), except that if the aggregate claims, cross claims and counterclaims by any one party against any or all other parties exceed One Million U.S. Dollars at the time all claims, including cross claims and counterclaims are filed, the proceeding will be held in accordance with the Rules of Arbitration of the International Chamber of Commerce by a panel of three arbitrator(s) appointed in accordance with the Rules of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language, at a location agreed by the parties or (failing agreement) ordered by the arbitrator(s). The arbitrator(s) will have authority only to award compensatory damages within the scope of the limitations of these Terms of Use and will not award punitive or exemplary damages. The arbitrator(s) will not have the authority to limit, expand or otherwise modify the terms of these Terms of Use. The ruling by the arbitrator(s) will be final and binding on the parties and may be entered in any court having jurisdiction over the parties or any of their assets. The parties will evenly split the cost of the arbitrator(s)’ fees, but each party will bear its own attorneys’ fees and other costs associated with the arbitration. The parties, their representatives, other participants and the arbitrator(s) will hold the existence, content and results of the arbitration in strict confidence to the fullest extent permitted by law. Any disclosure of the existence, content and results of the arbitration shall be as limited and narrowed as required to comply with the applicable law. By way of illustration, if the applicable law mandates the disclosure of the monetary amount of an arbitration award only, the underlying opinion or rationale for that award may not be disclosed.

If a Dispute by one party against the other that arose in the United States or is based upon an alleged breach committed in the United States cannot be settled under the procedures and within the timeframe set forth above, then either party may bring an action or proceeding solely in either the Superior Court of the State of California, Santa Clara County, or the United States District Court for the Northern District of California. Except as otherwise stated above with regard to arbitration of Disputes that arise anywhere other than in the United States or are based upon an alleged breach committed anywhere other than in the United States, each party to these Terms of Use consents to the exclusive jurisdiction of those courts, including their appellate courts, for the purpose of all actions and proceedings.

The parties agree that the arbitration provision in this section may be enforced by injunction or other equitable order, and no bond or security of any kind will be required with respect to any such injunction or order. Nothing in this section will be construed to preclude either party from seeking provisional remedies, including but not limited to temporary restraining orders and preliminary injunctions from any court of competent jurisdiction in order to protect its rights, including its rights pending arbitration, at any time. In addition and notwithstanding the foregoing, Avaya shall be entitled to take any necessary legal action at any time, including without limitation seeking immediate injunctive relief from a court of competent jurisdiction, in order to protect Avaya’s intellectual property and its confidential or proprietary information (including but not limited to trade secrets).

If You have any Disputes with Company, You must bring them in accordance with this paragraph within two years after the Claim arises.

  • Disputes with Other Users. You are solely responsible for Your interactions with any other user of the Service. Company will have no liability with respect to Your interactions with other users of the Service or disputes that may arise between You and such users. Company reserves the right, but has no obligation, to become involved with disputes between You and any other user of the Service.
  • Force Majeure. Company will not be liable for any delay or failure in performance, including failure of the Service to function or operate, to the extent the delay or failure is caused by events beyond Company’s reasonable control, including, without limitation, fire, flood, Act of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, civil or military authority, inability to secure services or materials, transportation or hosting facilities.
  • Agreement in English. The parties confirm that it is their wish that these Terms of Use, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.
  • Notwithstanding anything to the contrary (including, but not limited to, anything in another agreement between You and the Company), if there is a conflict between these Terms of Use, any Hosted Service Description provided to You regarding the Service, and any other applicable agreement You may have with Company, these Terms of Use will govern the use of the Service, followed next by any Hosted Service Description provided to You regarding the Service (unless the Hosted Service Description document expressly states otherwise), and finally followed by any other applicable agreement You may have with Company. If any provision of these Terms of Use is determined to be unenforceable or invalid by a court decision, these Terms of Use will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. The failure of either party to assert any of its rights under these Terms of Use, including, without limitation, the right to terminate these Terms of Use in the event of breach or default by the other party, will not be deemed to constitute a waiver by that party of its right to enforce each and every provision of these Terms of Use in accordance with their terms. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Company as a result of this agreement or use of the Service.

Schedule 1

To Terms of Use

E-COMMERCE PAYMENT SUPPLEMENT

IN ADDITION TO THE TERMS OF USE FOR SERVICES (“TERMS OF USE”) AND THE THENCURRENT HOSTED SERVICE DESCRIPTION REGARDING YOUR PURCHASE AND USE OF THE SERVICE, THE TERMS IN THIS E-COMMERCE PAYMENT SUPPLEMENT (“E-COMMERCE PAYMENT TERMS”) SHALL APPLY IF PAYMENT FOR THE SERVICE IS MADE AVAILABLE THROUGH E-COMMERCE METHODS. CAPITALIZED TERMS USED IN THESE E-COMMERCE PAYMENT TERMS WHICH ARE NOT OTHERWISE DEFINED SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THE TERMS OF USE.

  1. CHARGES; LATE PAYMENTS; PAYMENT DISPUTES; PRICE CHANGES.
  • Company will charge Your credit or debit card, or such other payment mechanism as may be approved by Company, for the fees for the Service as set forth in the Hosted Service Description or other document provided by Avaya, including applicable subscription fees and any other fees associated with Your account, and You agree to pay all fees incurred by You in connection with credit card, debit card or other payment methods. All information provided by You in connection with a purchase or transaction or other monetary interaction with Company and the Service must be true, accurate and complete. All fees for the Service are non-refundable.
  • Late Payments. Company may suspend licenses and performance of the Service for which payment is overdue until the overdue amount is paid in full. Overdue payments will be subject to a late payment charge of the lesser of one and one half percent (1.5%) per month or the maximum rate allowed by applicable law. You will reimburse Company for reasonable attorneys’ fees and any other costs associated with collecting delinquent payments.
  • Payment Disputes. You must dispute any charges for the Service in writing within fifteen (15) days after the date the charge is made by Company; otherwise You waive any dispute or further recourse with respect to the applicable charges. Company reserves the right to require credit approval prior to providing the Service to You.
  • Price Changes. Your continued use of the Service after any price change becomes effective constitutes Your acceptance of the modified fees, and such amounts shall apply as of the first day of the next billing period after the fee change was posted. You will pay all bank charges, taxes, duties, levies and other costs and commissions associated with non-credit card methods of payment, and You will pay all charges, fees and interest assessed by or due to Your credit card company.

Unless You provide Company with a current tax exemption certificate , You are solely responsible for paying all legally required taxes, including without limitation any sales, excise or other taxes and fees which may be levied upon the Service, except for any (i) taxes that are imposed on, measured by, or based upon net income of Company; and (ii) taxes in the nature of franchise, doing business, or capital stock taxes if such taxes are based on or measured by capital stock value, par value or net worth of Company and are imposed by any taxing jurisdiction in which Company is subject to such taxes as a result of transactions or activities not related to this agreement.  If You are required to bear a tax pursuant to this Section or make any withholding, then You will pay such tax and any additional amounts as are necessary to ensure that the net amounts received by Company hereunder, after all such payments or withholdings, equal the amounts to which Company is otherwise entitled under this Agreement as if such tax or withholding did not exist.

  1. Promotional Trial Subscriptions.

Company sometimes offers certain customers free trial or other promotional subscriptions, which are subject to these E-Commerce Payment Terms except as otherwise stated in the promotional offers. At any time before the end of a trial term, You can cancel your subscription. AT THE COMPLETION OF A TRIAL TERM, UNLESS YOU CHOOSE TO CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT OR DEBIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.

  1. PRORATED FEES; SURVIVAL.
  • Prorated Fees. If You sign up for the Service during the middle of the subscription period, Company may charge You a prorated amount of the subscription fee at the beginning of the Service (g., if You sign up for the Service in the middle of the first month, the first month subscription fees may be prorated) as further described in the applicable Hosted Service Description. Upon any expiration of the subscription term for the Service or termination (whichever is earlier), unless Company states otherwise in writing, Company will charge You a prorated amount of the applicable Services subscription fees based upon the effective date of expiration or termination.
  • The provisions concerning charges, late payments, expiration/termination, survival, and any other terms which, by their nature, are intended to survive termination will survive any such termination or expiration.
  1. OTHER.

Notwithstanding anything to the contrary (including, but not limited to, anything in another agreement between You and Company), if there is an express conflict between these E-Commerce Payment Terms, the Terms of Use, any Hosted Service Description, and any other applicable agreement You may have with Company, these E-Commerce Payment Terms will govern, followed next by the Terms of Use, then any Hosted Service Description (unless the Hosted Service Description expressly states otherwise), and finally followed by any other applicable agreement you may have with Company.

Schedule 2

To Terms of Use

GOOGLE SUPPLEMENT

THIS SCHEDULE 2 TO TERMS OF USE GOOGLE SUPPLEMENT (HEREINAFTER, “GOOGLE SUPPLEMENT”) APPLIES TO YOU IN ADDITION TO THE TERMS OF USE ONLY IF YOU ARE USING OR ACCESSING ANY SERVICE DEPLOYED OR HOSTED IN THE GOOGLE CLOUD (E.G., CUSTOMER ENGAGEMENT ONAVAYA™ (POWERED BY GOOGLE CLOUD PLATFORM)). IF YOU HAVE ANY QUESTIONS REGARDING WHETHER OR NOT THE SERVICE YOU ARE USING OR ACCESSING IS DEPLOYED OR HOSTED IN THE GOOGLE CLOUD, CONTACT AVAYA IF PURCHASING FROM AVAYA OR YOUR AUTHORIZED CHANNEL PARTNER.

Any capitalized terms used in this Google Supplement that have not been defined earlier in the Terms of Use will have the meaning set forth in the “Definitions” section of Google’s Cloud Platform License Agreement (“GCPLA”), which is found at https://developers.google.com/cloud/terms/ (or a successor link as designated by Google). If You cannot find the GCPLA at https://developers.google.com/cloud/terms/ or if any of the following URL links in this Google Supplement do not work, contact Avaya for assistance. “Google Services”, when used in this Google Supplement, will have the same meaning as “Services” as defined in the GCPLA. Any definitions, URL links, or terms from the GCPLA that are referenced in this Google Supplement are incorporated herein by reference.

BY USING OR ACCESSING A SERVICE DEPLOYED OR HOSTED IN THE GOOGLE CLOUD, THEN IN ADDITION TO THE TERMS OF USE AND THE THEN-CURRENT HOSTED SERVICE DESCRIPTION REGARDING THE APPLICABLE SERVICE, YOU ARE AGREEING TO ALL OF THE FOLLOWING TERMS AND CONDITIONS. GOOGLE MAY UPDATE ANY OF THE URL LINKS IN THIS GOOGLE SUPPLEMENT AT ITS DISCRETION AT ANY TIME. YOU ARE RESPONSIBLE FOR COMPLYING WITH THE THEN-CURRENT URL LINKS. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS IN THIS GOOGLE SUPPLEMENT, THEN YOU MAY NOT USE OR ACCESS A SERVICE DEPLOYED OR HOSTED IN THE GOOGLE CLOUD.

  1. Any use of the Google Services hereunder must be solely in connection with your use of the Service deployed or hosted in the Google cloud.
  2. You agree to comply fully with (a) Google’s Acceptable Use Policy (“AUP”) located at https://cloud.google.com/cloud/terms/aup (or a successor link as designated by Google), (b) Google’s Service Specific terms set forth here: https://developers.google.com/cloud/terms/service-terms (or a successor link as designated by Google), and (c) the restrictions in the “Restrictions” section of the GCPLA, some of which may be further addressed in Google’s Service Specific Terms.
  3. You acknowledge and agree that any content or data You transmit or submit through the Service is being hosted and stored in the Google cloud, and that any content or data You transmit or submit through the Service will be made available to and used, monitored, and accessed by Avaya, its affiliates, and third parties (e., Google and any subcontractor providing support for the Service) as part of providing the Service to You that is hosted or deployed in the Google cloud. For more information regarding Google’s right to use such information or content, see “Use of Customer Data” section in the GCPLA. In addition to Your obligations with respect to privacy under the Privacy section in the Terms of Use, You are responsible for obtaining and maintaining any required privacy-related consents from users of the Service, or any users with whom You use the Service to interact with, to allow access, monitoring, use and disclosure of such content or data as set forth in this Section 3.
  4. In addition to the Indemnification in Section 9 of the Terms of Use, You shall defend, indemnify and hold harmless Google, Avaya, their respective affiliates, and their respective officers, directors, employees, consultants, agents, and Avaya authorized channel partners, (individually, “Indemnified Party” and collectively, “Indemnified Parties”), against Indemnified Liabilities in any proceeding to the extent arising from or related to: (i) any failure by You (or anyone acting on Your behalf) to comply with any of the terms and conditions in this Google Supplement (including, but not limited to, any URL links set forth in this Google Supplement); and/or (ii) any content, data and/or information provided, transmitted, submitted, and/or displayed by or on behalf of You via the Service in the Google cloud. “Indemnified Liabilities” means any (i) settlement amounts approved by the indemnifying party; and (ii) damages, fees, and costs finally awarded against the Indemnified Party(ies) by a court of competent jurisdiction.
  5. You will not purport to act on behalf of Google (as an agent, partner or otherwise) in assuming any liability on behalf of Google. You will not make any representations or warranties on behalf of Google.
  6. All ownership rights, title, and intellectual property rights in and to any Google brand features remain with Google.
  7. Notwithstanding anything to the contrary (including, but not limited to, anything in another agreement between You and Company), if there is an express conflict between this Google Supplement, the Terms of Use, the Hosted Service Description regarding the Service in the Google cloud, and any other applicable agreement You may have with Company, this Google Supplement will govern, followed next by the Terms of Use, followed then by the Hosted Service Description regarding the Service in the Google cloud (unless the Hosted Service Description expressly states otherwise), and finally followed by any other applicable agreement you may have with Company.

© 2015 Avaya Inc. All Rights Reserved. All trademarks identified by ®, TM, or SM are registered marks, trademarks, and service marks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. Avaya and other parties may also have trademark rights in other terms used herein.