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- VOIP Service Description. The Service is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol ("IP") and carried, in part or in full, over high-speed internet access, also known as broadband internet service. This service may be generically referred to as "voice over IP" or "VOIP". Service includes voice over IP for local, domestic toll, and certain international calling originating from locations within the United States. It also includes certain calling and call management features which RedZone Wireless may in its sole discretion, add, modify or delete from time to time. You acknowledge and agree that this Agreement governs the selected terms of the VOIP Service Plan (the "Service Plan") selected by you in the online application.
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- Equipment Requirements. The Service requires (a) specialized customer premises equipment including a compatible IP telephone and/or analog terminal adaptor ("Equipment"), which you may elect to purchase from RedZone Wireless if available (any equipment purchased from RedZone Wireless , the "Purchased Equipment"); (b) a broadband Internet connection via cable modem, ADSL, SDSL or T-1 connection with broadband capability of at least 90 Kbps upstream speed required per active call; and (c) a 100 MB local area network connection at the location of each IP telephone and/or analog adaptor
- EMERGENCY SERVICE-911
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- 911 Emergency Dialing For VOIP Services. 911 is the official national emergency number in the United States. Dialing 911 quickly connects a caller to a Public Safety Answering Point dispatcher ("Dispatcher") trained to route that call to the local emergency medical, fire, and law enforcement agencies.
a. Required Registration of Location. Many, but not all, 911 systems now automatically report the telephone number and location of 911 calls made from wireline phones ("e-911"). If i-911 is available within your 911 system, it will work with the Service only if you register with RedZone Wireless the physical location where you will be using the Service with that phone number. If you move the Equipment to another location, any call that you make using the i-911 system may result in emergency service being sent to the registered address rather than the new location.
If you have moved the Equipment to another location, you must register your new physical location with RedZone Wireless immediately, via the website of www.redzonewireless.com/voip/voipTermsOfUse.html.
- b. Other Limitations. 911 services will not function if your or other Equipment fails or is not configured correctly or if your Service is not functioning for any reason, including, but not limited to: a loss of electrical power or power outage, broadband service outage, or suspension or disconnection of your Service. If there is a loss of power or power outage, you may be required to reset or reconfigure your Equipment prior to being able to use your Services, including for 911 purposes.
- c. Confirmation of Activation Required. Your 911 dialing feature will not be activated for any phone line that you are using with the Service, until the installation date identified in the confirmation e-mail from RedZone Wireless.
- e. Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
- f. Notify All Users. You should inform any household residents, guests and other third persons who may be present at the location where you utilize the Service of the important differences in and limitations of the Service 911 dialing as compared with 911.
- g. Disclaimer, Indemnity. RedZone Wireless does not have any control over whether, or the manner in which, calls using RedZone Wireless's 911 dialing service are answered or addressed by any local emergency response center. RedZone Wireless disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. RedZone Wireless relies on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. RedZone Wireless disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. RedZone Wireless disclaims all liability for any Service outage and/or inability to dial 911 using your Service or to access emergency service personnel due to the 911 dialing characteristics and limitations set forth in this Agreement. You agree to defend, indemnify, and hold harmless RedZone Wireless, 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, reasonable attorneys' fees) by, or on behalf of, you or any third party or user of the Service relating to the failure or outage of the Service, including those related to 911 dialing.
- h. Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 dialing service, you should consider having an alternate means of accessing 911 services or disconnecting the Service.
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- Installation, Monthly Term, Disconnection. Service is offered on a monthly basis, with daily prorations based upon a 30 day billing cycle. All services must be paid for via pre-authorized automatic credit card payment via RedZone Wireless electronic billing and payment processing system. The customer may be billed for shipping and handling of purchased equipment plus all recurring and non-recurring services provided to the customer. Payments will be taken on the 20th of each month. If the 20th of the month falls upon a non-business day, the payment will be taken on the next available business day. Any payments not received by RedZone Wireless by the 20th of the current month will receive notification of termination with a curable three day notification. Customer is responsible for all unbilled charges, including any recurring and/or non-recurring charges and any applicable toll charges on the final prorated bill.
We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. RedZone Wireless will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus, and you will remain fully liable to us for all charges pursuant to this Agreement, plus any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorneys' fees.
No refunds will be provided on Purchased Equipment in the case of disconnection for any reason. Should the customers service never function, within the first 30 days of the due date of installation, the customer may return the device to RedZone Wireless, 413 Main Street, P.O. Box 435, Rockland, ME 04841 for a refund of the device. Should the customer never receive the device, or should the device be lost or damaged during the shipping process, the customer is responsible for notifying the provider, at 207-596-5700, and a new device will be provided to the customer at no additional charge.
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- Fees. Customer will pay (a) the fee for the Purchased Equipment, if any, (b) all fees due hereunder according to the Service Plan selected, as changed from time to time, and (c) all fees due for any usage fees, features, and any other services or equipment agreed to from time to time by the parties. Fees and charges, including Service Plan fees, shall be published on our website and may change from time to time. Depending on the Service Plan selected and your usage, in addition to the monthly Service Plan fees, charges may include usage charges, international usage charges, advanced feature charges; premium services/Add-Ons, equipment purchases, shipping and handling charges, as well as other charges.. Charges may include regulatory recovery fees, emergency 911 cost recovery, 911 fees federal, state and/or local taxes and surcharges. RedZone Wireless bills non-international usage charges in a full minute minimum increments; calls over one minute are billed in six second increments that are rounded up to the next six second increment unless otherwise set forth in the rate schedules found on our website. International usage is billed in minute increments that are rounded up to the next minute increment. RedZone Wireless bills fractional usage charges in full cents that are rounded up when the value is $.005 or more and down when the value is less than $.005, unless otherwise set forth in the rate schedules found on our website.
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- Taxes and Special Fees. RedZone Wireless is required to bill and collect local, state and federal taxes and surcharges and levies imposed on RedZone Wireless customers by the various taxing authorities. State and/or local governments may assess fees on RedZone Wireless to pay for emergency services in your community.
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- Billing, Payment and Collection. Any equipment purchased by you, the customer, will be billed, along with any shipping and handling surcharges to your pre-authorized credit card, prior to the shipment of the equipment. Any late payment hereunder will accrue interest at a rate not to exceed 1.5%.
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- Billing Disputes. You must notify us in writing within 30 days after receiving your bill if you dispute any RedZone Wireless charges or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
RedZone Wireless
Customer Service
PO Box 435
Rockland, ME 04841
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- Credit and other Information. Customer acknowledges that RedZone Wireless is authorized to obtain credit information pertaining to Customer. Customer further authorizes RedZone Wireless to investigate Customer's financial responsibility and credit worthiness, and authorizes the release of information related to the foregoing from any applicable third party. RedZone Wireless reserves the right to refuse to provide Service to, or require deposits for Service from, any Customer who RedZone Wireless determines has insufficient credit worthiness or to any Customer that does not allow for a pre-authorized charge to the Customers designated credit card.
Customer acknowledges that RedZone Wireless is authorized to obtain billing records, customer service reports ("CSRs"), directory listing information and any necessary Customer proprietary network information. Customer agrees that in response to a subpoena or investigative or other demand issue authorized by a court or governmental agency, as well as in cases where RedZone Wireless believes that failure to disclose may lead to imminent harm to Customer or others, RedZone Wireless may provide Customer's records and related information without further notice. In addition, if we believe that you have used the Service or the Purchased Equipment for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution, and you hereby consent to same.
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- Use of Services; Inappropriate Conduct. Customer agrees to use the Services and Purchased Equipment only for authorized and lawful purposes. The use of RedZone Wireless or Services in violation of any United States or international law is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening or obscene, and material protected by trade secret, whether or not Customer was aware of the material or of the relevant law. Customer is prohibited from transmitting child pornography as defined by the Child Protection and Sexual Predator Punishment Act of 1998. Customer undertakes to conform to the Internet Protocols (IP) and standards. RedZone Wireless reserves the right to remove any material or data and to block the use of the network or suspend or terminate any RedZone Wireless IP services for one or more users, when in RedZone Wireless's sole discretion, it is determined that their use or purpose does not meet our acceptable use of services. RedZone Wireless offers all Services subject to facility availability and has the right to limit the manner in which any portion of its or its underlying providers' networks and facilities are used to protect the technical integrity of these networks. You shall not use the Service or the Equipment 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 disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Purchased Equipment for an unlawful purpose.
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- Theft and Fraud. Customer is responsible for any charges incurred if any Service or Equipment is lost or stolen or fraudulently used until such time that Customer notifies RedZone Wireless of the loss or theft. Customer agrees to cooperate in the investigation of fraud or theft and to provide RedZone Wireless with any information and documentation that is requested in conjunction with the investigation, including affidavits and police reports.
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- Equipment Ownership and Risk of Loss; Tampering. You will own the Equipment and bear all risk of loss of, theft of, casualty to or damage to the Equipment. You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission of RedZone Wireless.
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- Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the internet, and your underlying broadband service. Other things may affect Service, such as maintenance. RedZone Wireless will act in good faith to minimize disruptions to your use of and access to Service.
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- Satisfaction or Termination of Existing Agreements. You are responsible for satisfying or terminating any agreements or contracts with your current or previous communications provider. RedZone Wireless is not responsible for any penalties, fees, termination charges or any other costs assessed against Customer by the current or previous communications provider for the termination of agreements or contracts or due to Customer's failure to notify current or previous communications providers of the termination of an agreement or contract. Customer is responsible for all charges assessed by any third parties associated with the termination of an agreement or contract with current or previous communication providers.
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- Additional Prohibited Uses of Service. If you subscribe to RedZone Wireless Services, the Service and the Equipment are provided to you solely for your use. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole discretion, that your use of the Service or the Equipment is, or at any time was, inconsistent with normal usage patterns.
Customer is prohibited from reselling or transferring the Service or Equipment to any other person for any purpose, without express written permission from RedZone Wireless in advance. In addition, you are expressly prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax or voicemail broadcasting or blasting, or for uses that result in excessive usage patterns. If RedZone Wireless determines, in its sole discretion, that you are reselling or transferring the Service or that your Service is being used for any of the aforementioned activities, RedZone Wireless reserves the right to immediately terminate without advance notice or modify the Service and to assess additional charges for each month in which excessive usage occurred. Any usage in excess of 1000 minutes per month per user shall be presumed to be not consistent with these restrictions and shall be subject to the conditions above.
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- Copyright / Trademark / Unauthorized Usage of Equipment, Firmware or Software. The Service and Equipment and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, and all Services, information, documents and materials on RedZone Wireless's web site(s) are protected by trademark, copyright or other intellectual property laws. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of RedZone Wireless are and shall remain the exclusive property of RedZone Wireless and nothing in this Agreement shall grant you the right to or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or embedded in the Purchased Equipment, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. If you decide to use RedZone Wireless's VOIP Service through Equipment not provided by RedZone Wireless, which RedZone Wireless reserves the right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that Equipment with the Service and you will indemnify and hold harmless RedZone Wireless against any and all liability arising out of your use of such Equipment with the Service.
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- Monitoring and Maintenance of Equipment. You agree to allow RedZone Wireless to monitor your VOIP equipment to gather traffic statistics and to make necessary changes in the equipment configuration as we deem necessary in order to ensure a quality service.
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- Letter of Agency. The electronic signature appoints RedZone Wireless to act as its Agent for the purposes of coordinating, ordering, converting, modifying and/or provisioning telecommunication services. The authority is limited to the provisioning of the initial installation, deliverance of services, rearrangement, modifications and/or subsequent removal of such facilities. This authorization remains in effect until notified by newly appointed Agent. By the electronic acceptance of this document, the customer desires to make RedZone Wireless their preferred carrier and warrant that they are free of any third-party obligations preventing them from doing so, and that they have the legal authority to execute this Letter of Agency.
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- Disclaimer of Warranties.
- a. Services. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT 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 EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY BROADBAND PHONE OR BROADBAND PHONE'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
- b. Equipment. OTHER THAN WARRANTIES AS TO THE EQUIPMENT EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE EQUIPMENT, TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE EQUIPMENT 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 EQUIPMENT OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE EQUIPMENT.
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- Limited 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: (a) an act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network or facility failure; (c) equipment, network or facility upgrade or modification; (d) 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; (e) equipment, network or facility shortage; (f) equipment or facility relocation; (g) service, equipment, network or facility failure caused by the loss of power to you; (h) 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; (i) any act or omission by you or any person using the Service or Equipment provided to you; or (j) any other cause that is beyond our control, including, without limitation, a failure of or defect in any Equipment, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
IN NO EVENT WILL BROADBAND PHONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, 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.
OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
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- Indemnification. You shall defend, indemnify, and hold harmless RedZone Wireless, 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, attorneys 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, or the Equipment.
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- Jurisdiction/Disputes. This Agreement shall be governed in accordance with the laws of the State of Maine. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Maine including the federal courts therein and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
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- Assignability; Agreement Binding On Successors. Neither party may assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of the other party which shall not be unreasonably withheld. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
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- Waiver. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
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- 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 RedZone Wireless and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and RedZone Wireless and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
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- 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.
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- Future Changes To This Agreement. 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 at www.redzonewireless.com/voip/voipTermsOfUse.html. 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, including, without limitation, any terms included with the packaging of the Purchased Equipment and also supersedes any written terms provided to Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Equipment.