Hosted Solutions Terms and Conditions

Hosted Solutions Terms and Conditions
Gateway Telnet Inc.
Voice over IP Terms of Service
These Terms of Service constitute the agreement ("Agreement") between Gateway Telnet Inc. ("we," or "us") and the user ("you,"
"user" or "Customer") of Gateway Telnet Inc.'s business services and any related products or services ("Service").
This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone
Adapter, switch, router or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. If you
purchased Equipment from a dealer, retail store or other provider other than Gateway Telnet Inc., you are a "Retail Customer" for
purposes of this Agreement.
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. EMERGENCY SERVICES - 911 DIALING
1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support traditional 911 or E911 access to
emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as "911 Dialing"
which is a limited emergency calling service available only on Gateway Telnet Inc. certified Devices or Equipment. The 911 Dialing
feature may not work at all when used in conjunction with a Soft Phone, Virtual Numbers or Subscriber provided Customer Premise
Equipment. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and
on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this
for each Gateway Telnet Inc. phone number that you obtain. The 911 Dialing feature of the Service is different in a number of
important ways from traditional 911 or E911 service as described on our website page for 911 Dialing under "Features," and below.
You shall inform any household residents, guests and other third persons who may be present at the physical location where you
utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the
Gateway Telnet Inc. 911 Dialing feature as compared with traditional 911 or E911 dialing. The documentation that accompanies each
Device that you purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the "911
Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each
Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers,
please contact our customer care department at (818) 775-1234. Failure to notify Gateway Telnet of all physical addresses where
system telephones may be located, could result in charges of $150 per 911 call placed from those phones that were not registered.
1.2 Registration of Physical Location Required. For each phone number that you use for the Service, you must register with Gateway
Telnet Inc. the physical location where you will be using the Service with that phone number. When you move the Device to another
location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing
feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to
the Service. Thereafter, you may register a new location by following the instructions from the "911" registration link on your
Gateway Telnet Inc. web account dashboard features page. For purposes of the 911 Dialing feature, you may only register one
location at a time for each phone line you use with the Service.
1.3 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the
Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.
1.4 How Emergency Personnel are Contacted. We contract with a third party to use the address of your registered location to
determine the nearest emergency response center and then forward your call to a general number at that center. When the center
receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your
address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers
answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency
calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your
name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering
points, for the purpose of dispatching emergency services personnel to your registered location.
1.5 Service Outages. (a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power
failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is
restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service,
including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or
suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from
functioning.
Voice over IP Terms of Service
(c) Service Outage Due to Suspension or Termination of Your Gateway Telnet Inc. Account. Service outages due to suspension or
termination of your account will prevent all Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third
party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the
Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the
period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the
blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge
that Gateway Telnet Inc. is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to
your usage of the Service, and any loss of service, including 911 Dialing that may result. In the event you lose service as a result of
blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service
charges unless and until you terminate the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing,
from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in
this Agreement. 1.6 Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not
function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully
register your location of use for each changed, newly added or newly ported phone number.
1.7 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.
1.8 Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to
automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number
identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and
that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing
call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is
dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any
reason.
1.9 No Automated Location Identification. In most service areas, it is not possible at this time to transmit to the local emergency
response center the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and
clearly, including your location (and possibly your telephone number), as the operator will not have this information. Emergency
personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are
unable to speak to tell the operator your location, or if the Service is not operational for any reason.
1.10 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our
911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct
of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911
Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or
responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Gateway Telnet
Inc. nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or
causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross
negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Gateway Telnet Inc., its officers,
directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection 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 relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911
Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.11 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 traditional 911 or E911 services or terminating the Service.
2. SERVICE
2.1 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 Gateway Telnet Inc. activates your Service and ends on the day before the
anniversary date of your Term. Subsequent terms of this Agreement automatically renew for twelve (12) months unless you give us
written notice of non-renewal at least thirty (30) 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 thirty days’ notice of termination prior to the expiration of the thenVoice over IP Terms of Service
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.
2.3 Use of Service and Gateway Telnet Inc. provided Device. You shall not resell or transfer the Service or the Device to another party
without our prior written consent. You are prohibited from using the Service or the Device 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 or the Device for any of the aforementioned or similar
activities.
2.4 Use of Service only. For Service only customers, you are responsible for supplying, operating and supporting the Customer
Premise Equipment for use with the Service. In addition, any customer supplied equipment must be pre-approved by Gateway Telnet
Inc. in writing. 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.
2.5 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device 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 or the Device 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 or the Device 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,
Gateway Telnet Inc. 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 or the Device 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 or the Device 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 or the Device 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, Gateway Telnet Inc. 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
2.6 Use of Service and Device 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 or the Device 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 or the Device outside of the United States or Canada.
2.7 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in
conjunction with providing the Service, or embedded in the Device, 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) Unauthorized Usage of Device; 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, or embedded in the Device, 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. You expressly agree that the Device is exclusively for use in
connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable
you to use the Device for any other purpose. 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.
Voice over IP Terms of Service
2.8 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or
to perform a factory reset of the Device without our prior written consent. We reserve the right to terminate your Service if we believe,
in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain
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 immediately become due and payable. You shall not attempt to hack or otherwise
disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
2.9 Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or 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 Device theft,
fraudulent use or 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 use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.
2.10 Return of Device (Does Not Apply to Customers who use Devices not provided by Gateway Telnet Inc. directly)
(a) Retail Customers. A Retail Customer may only return the Device to the retail store, dealer or other provider from which the Retail
Customer purchased the Device. All returns will be subject to the return policy of such retail store, dealer or other provider. We will
not accept any Device returned to us from a Retail Customer.
(b) Non-Retail Customers. Non-Retail Customers may return the Device to us within fourteen (14) days of the termination of Service
to receive a credit for any termination fee (See Section 3.6) provided that:
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the Service is terminated within the first thirty (30) days following the activation of the Service;
the Device is in original condition, reasonable wear and tear excluded;
the original proof of purchase are returned with the Device, together with the original packaging, all parts, accessories, and
documentation;
prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which
can be reached at service@gatewaytelnet.com or (818) 775-1234 and
you pay all costs of shipping the Device back to us.
If you disconnect multiple lines, we will issue you a credit for all termination fees upon receipt of all Devices in accordance with the
requirements set forth above.
If you receive cartons or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a
copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were
received from the carrier and contact our customer care department immediately at service@gatewaytelnet.com or (818) 775-1234.
2.11 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:
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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.
2.12 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.
2.13 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device,
from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.
2.14 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.
2.15 No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. 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.
Voice over IP Terms of Service
2.16 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.
3. CHARGES; PAYMENTS; TAXES; TERMINATION
3.1 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:
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activation fees;
monthly Service fees;
international usage charges;
advanced feature charges;
equipment purchases;
termination fees; and
shipping and handling charges.
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.
3.2 Billing Disputes. You must notify us in writing within seven (7) days after receiving your credit or debit card statement if you
dispute any Gateway Telnet Inc. 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:
Customer Care Billing Department
Gateway Telnet Inc.
16114 Sherman Way, Van Nuys CA 91406
-orservice@gatewaytelnet.com
3.3 Payment and Collection.
(a) Payment. We only accept payment by credit or debit card, or direct payments by your bank account, unless other payment terms
have been explicitly agreed to in writing by Gateway Telnet Inc. 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.
3.4 Termination; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to terminate your
Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a
stated reason, 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
Voice over IP Terms of Service
termination fee, if applicable, all of which will immediately become due and payable. The term of this Agreement will run from the
Effective Date until the end of the term (of any continuation thereof) of each Service. The initial minimum term of for each Service is
set forth in the Service Activation Order (each an “Initial Term”). The start date for the Initial Term of each Service will begin on the
Billing Start Date. Customer must terminate a Service or the Agreement in writing by providing Gateway Telnet Inc. with at least
thirty days prior written notice. Please send termination notices to service@gatewaytelnet.com or fax to (818) 374-7099, Attn:
Service Terminations.
3.5 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 or a Device. Such amounts are in addition to payment for the Service or
Devices 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.
3.6 Termination Fee. If Customer elects to terminate this Agreement or any Service prior to the expiration of a Service’s Initial Term,
Customer must provide thirty days advance notice and must pay the Early Termination Fees for each Service that has not completed
its Initial Term. The Early Termination Fees should not exceed the fees that would have been owed through the end of such Service’s
Initial Term of any agreed upon renewal of the Initial Term. Customer and Gateway Telnet Inc. agree that an Early Termination Fee
is not a penalty but serves as an accurate approximation of the damages to Gateway Telnet Inc. that result from the termination before
the end of its Initial Term. Upon termination or expiration of this Agreement for any reason, Customer shall promptly pay all amounts
owed through the month of termination as well as any applicable Early Termination Fees.
3.7 Money Back Guarantee; Limitations and Conditions.
(a) Money Back Guarantee. We offer Hosted VoIP subscribers a 30-day money back guarantee from the date of activation of Service.
The money back guarantee applies only to the first-ordered service package, not to additional or secondary orders. We will refund the
activation fee and monthly charge for first month of Service provided that:
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you have not exceeded 2500 minutes of usage; and
you cancel your Service within the 30-day period.
Federal excise taxes and any other applicable taxes cannot be refunded. You will remain responsible for any charges for usage fees
including but not limited to local or international usage, calls to Gateway Telnet Inc. toll free numbers and directory assistance. We
reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.
3.8 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.
3.9 Charges for Directory Calls (411). We will charge you $1.50 for each call made to Gateway Telnet Inc. directory assistance.
3.10 Charges for Conference Bridge Calls. We will charge you 3.9 cents per minute, or your then current domestic per minute rate if
lower than 3.9 cents per minute, for each caller who calls into your conference bride. The per minute usage fee will be calculated
based on all participants on the conference bridge, including on-network and off-network participants.
4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 Limitation of Liability. We will not be liable for any Costs, 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:
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Telephony charges by outside hackers into your system and utilizing your account
an act or omission of an underlying carrier, service provider, vendor or other third party including internet disruption issues;
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;
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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.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL Gateway Telnet Inc., 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.
4.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless Gateway Telnet Inc., 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, or the Device.
(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.
4.4 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 Gateway Telnet Inc. 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 Gateway Telnet Inc.'S OR ITS SERVICE
PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR
DEVICE, IF ANY, BY Gateway Telnet Inc. OR Gateway Telnet Inc.'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND
ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
4.5 Device Warranties
(a) Limited Warranty. Except as set forth herein, if you received the Device new from us and the Device included a limited warranty
at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the
limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth
in such documentation.
(b) No Warranty. If your Device did not include a limited warranty from us at the time of receipt, you are accepting the Device "as is".
You are not entitled to replacement, repair or refund in the event of any defect.
(c) Retail Customer Limited Warranty. For Retail Customers only, we will provide a limited warranty on the Device as to
manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty does not
apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply
to any defect caused by damage in transit, retailer handling or Retail Customer handling. A Retail Customer’s sole remedy for any
breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set
forth in Section 2.10. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the
Device for warranty repair or replacement and stating the nature of the defect. The Retail Customer limited warranty will also apply in
lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that
contained herein.
Voice over IP Terms of Service
(d) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION
PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH
HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY
WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF
PERFORMANCE OR ANY WARRANTY THAT THE DEVICE 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 DEVICE. DEVICE
WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.
4.6 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.
4.7 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.
5. MISCELLANEOUS
5.1 Governing Law. The Agreement and the relationship between you and us is governed by the laws of the State of Pennsylvania
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
Pennsylvania 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 or Device 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 Montgomery county, Pennsylvania. 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, MONTGOMERY COUNTY PENNSYLVANIA.
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 Gateway Telnet Inc. 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
Gateway Telnet Inc. 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. REASONABLE USE LIMITATIONS
Unusually high usage of the Service attributable to individual Accounts may impair Gateway Telnet Inc.’s ability to provide the
Services and/or indicate misuse of the Services. Accordingly, for all Service Plans, reasonable use means that your use of the Service
does not materially impair Gateway Telnet Inc.’s ability to provide the Service to other users.
Voice over IP Terms of Service
7. UNLIMITED OR UNMETERED PLANS
All unlimited or unmetered plans (“Unlimited Plans”) are subject to all of the Prohibited Use and Reasonable Use limitations set forth
in this Reasonable Use Policy. In addition, all unlimited or unmetered plans are subject to the following terms and conditions:

Unlimited Plans are for normal residential or business use.

Unlimited Plans cannot, under any circumstances, be used for call-in lines, call centers, autodialing, fax blasting, telemarketing
(including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, or other high volume or
multi-person calling or faxing purposes.

Excessive Use of Unlimited Plans is prohibited. "Excessive Use" means that your use exceeds the monthly minutes per line used by
98% of all Gateway Telnet Inc. Unlimited Plan customers. Excessive Use is measured on a monthly basis. For example, if you use
7,500 minutes in one month per line and 98% of all Gateway Telnet Inc. Unlimited Plan customers used less than 7,500 minutes that
month per line, your use would constitute Excessive use and would be in violation of this Reasonable Use Policy.
Gateway Telnet Inc. reserves the right to review and monitor your usage of your Unlimited Plan at any time (i) to calculate Excessive
Use and (ii) compliance with this Reasonable Use Policy, including that there is no Excessive Use.
Except where prohibited by law, if you violate this Reasonable Use Policy, including but not limited to by Excessive Use of the
Service, you hereby acknowledge and agree that Gateway Telnet Inc. may modify, suspend, terminate, disconnect or take any other
reasonable action regarding your Service to prevent continued violation of this Reasonable Use Policy (a “Plan Modification”),
including charging you on per minute basis, at Gateway Telnet Inc.’s published per minute rates, for any Excess Use or automatically
converting your Unlimited Plan to a metered plan. You hereby agree to pay Gateway Telnet Inc., and hereby authorize Gateway
Telnet Inc. to charge your credit card for any additional fees, charges and penalties related to any Plan Modification.
8. 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 on Gateway Telnet’s Website. Gateway Telnet Inc. 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, including, without limitation, any terms included
with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail
distribution, including, without limitation, any written terms enclosed within the packaging of the Device.
9. PRIVACY
Gateway Telnet Inc. Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other
communications. Gateway Telnet Inc. is not liable for any lack of privacy which may be experienced with regard to the Service.
Please refer to our website at www.gatewaytelnet.com for additional Privacy Policy information that may be posted
I have read and agree to this document:
_____________________________________
__________________________
Company
Date
Voice over IP Terms of Service
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