f) YOU ACKNOWLEDGE THAT SIP
XTREME LLC DOES NOT OFFER PRIMARY LINE OR LIFELINE SERVICES,
AND THAT SIP XTREME LLC STRONGLY RECOMMENDS THAT YOU
ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
5) OTHER SERVICE DISTINCTIONS
a) PRIVACY AND SECURITY: VOIP communication utilizes, in whole or in part, the public Internet, the
World Wide Web, and/or third party networks to transmit voice and data
communications. You acknowledge, agree and understand that SIP XTREME LLC
cannot guarantee that VOIP communication is completely secure. SIP XTREME LLC
always respects your privacy and treats the content of all communications as
private, except as may be required by law. Please refer to the SIP XTREME LLC
Online Privacy Policy at www.sipx.com/privacy.htm for additional information.
b) POWER OUTAGES or
BROADBAND SERVICE OUTAGE: You acknowledge, agree and understand that the SIP
XTREME LLC VOIP SERVICE does not function in the event of power failure or an
interruption of your broadband or any internet access service. Should there be
an interruption in the power supply at any point in the connection of your
internet service or to its devices or equipment; the SIP XTREME LLC VOIP
SERVICE will not function until power is restored. A power failure or
disruption may require you to reset or reconfigure equipment prior to utilizing
the SIP XTREME LLC VOIP SERVICE.
c) SECURITY SYSTEMS AND
OTHER NON-VOICE COMMUNICATIONS EQUIPMENT: All non-voice communications equipment,
including, but not limited to, home security systems that are set up to make
automatic phone calls, fax machines, modems and medical monitoring devices, are
not compatible with SIP XTREME LLC VOIP SERVICE. By accepting this Agreement,
you waive any claim against SIP XTREME LLC for interference with or disruption of
such systems due to the SIP XTREME LLC VOIP SERVICE.
d) LOCAL NUMBER PORTABILITY:
In the event you are not utilizing a new phone number for your SIP
XTREME LLC VOIP SERVICE, but rather are transferring an existing
phone number, which currently is subscribed to a carrier other than SIP XTREME
LLC for local, local toll and/or long distances telecommunications services, to
SIP XTREME LLC VOIP SERVICE, the terms and conditions of this paragraph shall
apply:
i) You represent that you
are authorized to take any action relating to the portability of any existing
number you wish to port . You the Customer, MUST initiate the port ordering
process, SIP XTREME LLC CANNOT initiate the port ordering process. By
initiating the port ordering process, you hereby
authorize SIP XTREME LLC to process your order for SIP XTREME LLC VOIP SERVICE
and to notify your local telephone company of your decision to switch your
local, local toll and long distance services to SIP XTREME LLC VOIP SERVICE;
ii) You agree and
acknowledge that there may be certain features and service limitation until the
Port Effective Date.
6) USE OF SERVICE
a) SIP XTREME LLC will
accept no more than 5 orders for SIP XTREME LLC VOIP SERVICE per household.
You agree to use the SIP
XTREME LLC VOIP SERVICE only for lawful purposes.
You will not use the SIP
XTREME LLC VOIP SERVICE for any unlawful, abusive, or fraudulent purpose,
including, for example, using the SIP XTREME LLC VOIP SERVICE in a way that (1)
interferes with our ability to provide SIP XTREME LLC VOIP SERVICE to you or
other customers; or (2) avoids your obligation to pay for communication
services. If SIP XTREME LLC has reason to believe that you or someone else is
abusing the SIP XTREME LLC VOIP SERVICE or using it fraudulently or unlawfully,
we can immediately suspend, restrict, or cancel the SIP XTREME LLC VOIP SERVICE
without advance notice. Some SIP XTREME LLC Equipment is designed to be used
outside of the United States of America. However, some SIP XTREME LLC Equipment is intended
for use only in the United States of America. If you remove certain SIP XTREME LLC Equipment to a
country other than the United States of America and attempt to use the SIP XTREME LLC VOIP Service
from there, you do so at your own risk, including the risk that such activity
violates local laws in the country where you do so. SIP XTREME LLC reserves the
right to terminate your service immediately and without advance notice if you
violate the above restrictions, leaving you responsible for all outstanding
charges, all of which immediately become
due and payable.
b) THEFT OF SIP XTREME LLC
EQUIPMENT OR SERVICE: You agree to notify
SIP XTREME LLC immediately,
in writing or by calling the SIP XTREME LLC customer support line, if any SIP
XTREME LLC Equipment is stolen or if you become aware at any time that your
Service is being stolen or fraudulently used. When you call or write, you must
provide your account number and a detailed description of the circumstances of
the theft or fraudulent use of SIP XTREME LLC VOIP SERVICE or SIP XTREME LLC
Equipment. Failure to do so in a timely manner may result in the termination of
your SIP XTREME LLC VOIP SERVICE and additional charges to you.
c) PROHIBITED USES OF
SERVICE: You are expressly prohibited from reselling or transferring the SIP
XTREME LLC VOIP SERVICE or SIP XTREME LLC Equipment to any other person,
company or corporate entity for any purpose, without express written permission
from SIP XTREME LLC in advance. In addition, you are expressly prohibited from
using the SIP XTREME LLC VOIP SERVICE for auto-dialing, continuous or extensive
call forwarding, telemarketing (including without limitation charitable or
political solicitation or polling), fax broadcasting or fax blasting, or for
uses that result in excessive usage inconsistent with normal residential or
home office usage patterns. If SIP XTREME LLC determines, in its sole
discretion, that
you are reselling or
transferring the SIP XTREME LLC VOIP SERVICE or that your SIP XTREME LLC VOIP
SERVICE is being used for any of the aforementioned activities, SIP XTREME LLC
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 10,000 minutes per month shall be
presumed to be not consistent with these restrictions and shall be subject to
the service conditions above.
d)
COPYRIGHT/TRADEMARK/UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE: The SIP
XTREME LLC VOIP SERVICE and SIP XTREME
LLC Equipment and any firmware or software used to provide the SIP XTREME LLC
VOIP SERVICE or provided to you in conjunction with providing the SIP XTREME
LLC VOIP SERVICE, or embedded in the SIP XTREME LLC Equipment ,and all
Services, information, documents and materials on SIP XTREME LLC’s website(s)
are protected by trademark, copyright or other intellectual property laws and
international treaty provisions. All websites, corporate names, service marks,
trademarks, trade names, logos and domain names (collectively
"Marks") of SIP XTREME LLC are and shall remain the exclusive
property of SIP XTREME LLC and nothing in this Agreement shall grant you the
right to right 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 SIP XTREME
LLC VOIP SERVICE or provided to Customer in conjunction with providing the SIP
XTREME LLC VOIP SERVICE, or embedded in any SIP XTREME LLC 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, and that the SIP XTREME LLC Equipment is exclusively
for use in connection with the SIP XTREME LLC VOIP SERVICE. If you decide to
use the SIP XTREME LLC VOIP SERVICE through an interface device not provided or
certified by SIP XTREME LLC, which SIP XTREME LLC reserves the right to
prohibit in particular cases or generally, you warrant and represent that you
possess all required rights, including software and/or firmware licenses, to
use that interface device with the SIP XTREME LLC VOIP SERVICE and you will
indemnify and hold harmless SIP XTREME LLC against any and all liability
arising out of your use of such interface device with the SIP XTREME LLC VOIP
SERVICE
e) TAMPERING WITH THE
DEVICE: You agree not to change the electronic serial number or equipment
identifier of any SIP XTREME LLC Equipment, or to perform a factory reset of any
SIP XTREME LLC Equipment, without express permission from SIP XTREME LLC in
each instance. SIP XTREME LLC reserves the right to terminate your SIP XTREME
LLC VOIP SERVICE should you tamper with any SIP XTREME LLC Equipment.
f) DAMAGED DEVICE: If
Customer receives cartons and/or SIP XTREME LLC Equipment that are visibly
damaged, please note the damage on the carrier's freight
bill or receipt and keep a
copy. Keep the original carton, all packing materials and parts intact and
contact SIP XTREME LLC's customer care department immediately. If Customer
damages the SIP XTREME LLC Equipment, the Customer will be charged for the cost
of the equipment.
7) TERM and TERMINATION:
a) The Initial Term of this
Agreement is reflected in the Order Form submitted by the Customer.. This
Agreement renews automatically for successive one (1) month periods at the
expiration of the Initial Term, unless canceled in accordance with the
termination provisions of this Agreement. Either Party may terminate this
Agreement upon expiration of the Initial Term by providing written notice at
least ten (10) days prior to expiration of the Initial Term. If the Services
are terminated prior to the expiration of the Initial Term then Customer agrees to pay SIP XTREME LLC the entire monthly
recurring charge for the SIP XTREME LLC VOIP SERVICES; (ii) any non-recurring
fees SIP XTREME LLC expends or incurs from other party in connection with
establishment or cancellation of the Services; and (iii) any outstanding
invoices still owed by Customer, due within thirty (30) days of cancellation. SIP
XTREME LLC may, upon twenty-four (24) hours written notice, immediately
terminate this Agreement for Customer's failure to pay any delinquent invoice.
In the event of a breach of any material term or condition of this Agreement by
the Customer (other than a failure to pay), SIP XTREME LLC may terminate this
Agreement upon three (3) days written notice, without further liability to SIP
XTREME LLC and pursue such other legal or equitable remedy or relief as may be
available to SIP XTREME LLC. If for any reason you cancel the SIP XTREME LLC
VOIP SERVICE or if SIP XTREME LLC cancels any services pursuant to the terms of
this Agreement, Customer will not receive any refund, discount or consideration
of any kind for any equipment purchased for use with the SIP XTREME LLC VOIP
SERVICE.
8) BILLING AND PAYMENT
FOR SERVICE
a) SIP XTREME LLC will
render to you monthly on-line bills for SIP XTREME LLC VOIP SERVICE, with the
following charges:
i)A monthly service flat fee
for unlimited local and nationwide calling, call features, and advanced
service; and
ii) International calls
(which are not included in the monthly fee), charged on a per minute usage
basis. You can view the rates for international calls placed utilizing SIP
XTREME LLC VOIP SERVICE at www.sipx.com
iii) You may be charged
activation, early termination and other fees, as further described at www.sipx.com
or in the marketing materials pertinent to your offer. The early termination fee
applicable to your offer will not apply if you cancel your service less than 30
days or more than one year after the date we commence billing for your service.
You may incur charges or experience a change in the terms of your plan offer if
you change
your phone number after your
SIP XTREME LLC VOIP SERVICE has been activated. Where you have obtained your SIP
XTREME LLC Equipment directly from SIP XTREME LLC, SIP XTREME LLC also reserves
the right to charge shipping charges associated with the SIP XTREME LLC
Equipment.
v) If, in addition to SIP
XTREME LLC VOIP Services, you also receive traditional non-VoIP local, local
toll and/or long distance services, the charges for these services may not
appear on the same online bill. You will continue to be separately responsible
for those charges.
b) PAYMENT METHOD FOR ONLINE
BILLS: You authorize SIP XTREME LLC to
charge any amounts payable
by you in connection with your use of the Service automatically by credit card.
Your right to use the Service is subject to any limits established by your
credit card issuer. Your charges and credits issued in accordance with Section
7(a) above will appear on an online billing statement that you may access from
the SIP XTREME LLC web site at www.sipx.com. You give SIP XTREME LLC permission
to obtain authorization for use of your credit card from your credit card
issuer.
c) COMMENCEMENT OF BILLING:
You understand that you are responsible for self-installing the SIP XTREME LLC
Equipment once you receive it. Where you purchase the SIP XTREME LLC Equipment
directly from SIP XTREME LLC, once your order is processed and the SIP XTREME
LLC VOIP SERVICE is provisioned, we will ship you the SIP XTREME LLC Equipment within
two business days, and will begin monthly billing for the Services Five days
after the SIP XTREME LLC Equipment shipment date (This date is the "Service Activation Date").
You are encouraged to complete installation of the SIP XTREME LLC Equipment promptly
because you will be responsible for full payment for the charges on your SIP
XTREME LLC bill even if you have not yet installed the SIP XTREME LLC Equipment
and used the SIP XTREME LLC VOIP SERVICE e at the time the bill is rendered.
d) PRICE CHANGES: We may
change the prices and charges for the Services and/or international calling
from time to time. We may decrease prices without providing advance notice.
Increases to the prices or charges for the SIP XTREME LLC VOIP SERVICE and/or
international calling are effective no sooner than seventy two hours after we post them on our
web site at www.sipx.com.
e) CHARGES AND BILLING:
Charges accrue through a full billing period. To determine the
charge for each international call, we round up to the next full minute for
any fraction of minutes used. We will determine the format of the bill and the
billing period, and we may change both the bill format and the billing period
from time to time.
f) FAILURE TO PAY: Upon
advance notice, we may suspend, restrict, or cancel the SIP XTREME LLC VOIP
SERVICE and this Agreement, if you do not make payments for current or prior
bills by the required due date. SIP XTREME LLC VOIP SERVICE suspension or
cancellation will result in your loss of the number associated with the SIP
XTREME LLC VOIP SERVICE. You acknowledge, agree and understand that service
outages due to suspension of your account as a result of billing issues will
prevent all Services, including but not limited to 911 or e911 dialing.
g) LATE PAYMENT CHARGE: We
may add interest charges to any past-due amounts at the lower of 1.5% per month
or the maximum rate allowed by state law, prorated for each day payment is past
due. Acceptance of late or partial payments (even if marked "Paid in
Full" or with other restrictions) shall not waive any of our rights to
collect the
full amount of your charges
for our services. Notice of any disputes must be in writing and received by us
within 30 days after you received your bill or you will waive any objection to
any charges imposed. You agree to reimburse us for reasonable attorneys' fees
and any other costs associated with collecting delinquent or dishonored payments.
If charges cannot be processed through your credit card, we will charge you an
additional
$25.00. If the state law
where you receive the SIP XTREME LLC VOIP SERVICE requires a different fee, we
will charge you that amount.
h) TAXES AND OTHER CHARGES:
You are responsible for, and shall pay, any applicable federal, state,
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 SIP XTREME LLC VOIP SERVICE or a SIP XTREME LLC
Equipment. Such amounts are in addition to payment for the Service or Devices
and will be billed to you as set forth in this Agreement. If you are exempt
from payment of such taxes, you shall provide SIP XTREME LLC with an original
certificate that satisfies applicable legal requirement attesting to tax-exempt
status. Tax exemption will only apply from and after the date SIP XTREME LLC receives
such certificate.
i) NO CREDIT ALLOWANCES FOR
INTERRUPTION OF SIP XTREME LLC VOIP SERVICE: You acknowledge and agree that the
Services are provided “as is.” Credit allowances for interruption of SIP XTREME
LLC VOIP SERVICE, including international calling services, will not be
provided.
9) INDEMNIFICATION
YOU AGREE TO DEFEND,
INDEMNIFY, AND HOLD SIP XTREME LLC, ITS AFFILIATES AND AGENTS AND
ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO
YOU IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICE, HARMLESS
FROM CLAIMS OR DAMAGES RELATING TO OR
ARISING OUT OF THIS SERVICE, ANY EQUIPMENT, OR ITS INSTALLATION, OR THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO THE LACK OF OR LIMITATIONS OF 911 DIALING OR
DIALING ASSOCIATED WITH A SECURITY SYSTEM. THIS PARAGRAPH SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
YOU AGREE THAT SIP XTREME
LLC SHOULD NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIMS AGAINST US THAT ARISE
FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS
AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’
FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE. THIS PROVISION WILL CONTINUE TOAPPLY AFTER THE AGREEMENT ENDS.
10) LIMITATIONS OF
LIABILITY
BY ENROLLING IN, ACTIVATING,
USING OR PAYING FOR THE SERVICES, YOU AGREE THAT YOU
HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF SIP XTREME LLC VOIP
SERVICE DESCRIBED HEREIN. SIP XTREME LLC'S LIABILITY TO YOU ON ACCOUNT OF ANY
ACT OR OMISSION OF SIP XTREME LLC RELATED TO THIS AGREEMENT, INCLUDING ACTS OR
OMISSIONS RELATED TO 911 DIALING, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR
TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED ONLY BY
SIP XTREME LLC'S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. EXCEPT FOR DAMAGES
THAT ARE THE DIRECT RESULT OF SIP XTREME LLC’S WILLFUL OR INTENTIONAL MISCONDUCT
OR GROSS NEGLIGENCE, YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING
INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION.
SIP XTREME LLC AND OUR
EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL HAVE NO
LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR
DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA OR EQUIPMENT. SIP XTREME LLC
ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SIP
XTREME LLC WILL NOT BE LIABLE FOR ERRORS OR OMISSIONS IN CUSTOMER’S INFORMATION
LISTED IN ANY PUBLISHED DIRECTORY, AND CUSTOMER IS SOLELY RESPONSIBLE FOR
ENSURING THE
ACCURACY OF SUCH
INFORMATION. CUSTOMER MAY NOT RELY ON STATEMENTS OF WARRANTY ABOUT SIP XTREME
LLC’S SERVICES FROM ANYONE NOT EXPRESSLY AUTHORIZED BY SIP XTREME LLC TO DO SO;
SUCH STATEMENTS ARE NOT AUTHORIZED BY SIP XTREME LLC AND ARE NOT A WARRANTY OF
ANY KIND BY SIP XTREME LLC.
11) WARRANTIES
EXCEPT AS THIS AGREEMENT
EXPRESSLY STATES, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE
MATERIALS ACCOMPANYING THE EQUIPMENT, WE MAKE NO EXPRESS WARRANTY REGARDING THE
SERVICES OR EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WE ALSO
MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO
NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, SIP XTREME LLC EMPLOYEES,
AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU
SHOULD NOT RELY ON ANY SUCH STATEMENT.
12) DISPUTE RESOLUTION BY
BINDING ARBITRATION
Any dispute or claim between
Customer and SIP XTREME LLC arising out of or relating to the SIP XTREME LLC VOIP
SERVICE OR SIP XTREME LLC EQUIPMENT provided in connection with this Agreement
shall be resolved by arbitration before a single arbitrator administered by the
American Arbitration Association in accordance with its Commercial Arbitration
Rules. The arbitration shall take place in Phoenix; Arizona and shall be conducted in English. The arbitrator's
decision shall follow the
plain meaning of the
relevant documents, and shall 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. All claims shall be arbitrated
individually and Customer will not bring, or join a punitive or certified any
class action to of any kind in court or in arbitration or seek to consolidate
or bring previously consolidated claims in arbitration. Customer acknowledges
that this arbitration provision constitutes a waiver of any right to a jury
trial.
13) MISCELLANEOUS
a) NO THIRD PARTY RIGHTS:
This Agreement does not provide any third party with a remedy, claim, or right
of reimbursement.
b) ACTS BEYOND OUR CONTROL:
Neither you nor we will be responsible to the other for any delay, failure in
performance, loss or damage due to fire, explosion, power blackout, earthquake,
volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil
or military authority, war, acts of God, acts or omissions of carriers or
suppliers, acts of regulatory or governmental agencies, or other causes beyond
our reasonable control, except that you must payfor any Services used.
c) ASSIGNMENT: We can assign
all or part of our rights or duties under this agreement without notifying you.
If we do that, we have no further obligations to you. You may not assign this
Agreement or the Services without our prior written consent.
d) NOTICES: Notices from you
to SIP XTREME LLC must be provided as specified
in this Agreement. Notice
from you to SIP XTREME LLC made by calling SIP XTREME LLC at #711 INSERVICE
HELP DESK OR OTHER NUMBER ASSIGNED BY SIP is effective as of the date that our
records show that we received your call. SIP XTREME LLC’s notice to you under
this Agreement will be provided by one or more of the following: posting on our
web site, recorded announcement, bill message, bill insert, newspaper ad,
internet advertisement, postcard, letter, call to your billed telephone number,
or e-mail to an address provided by you.
e) SEPARABILITY: If any part
of this Agreement is found invalid, the rest of the Agreement will remain valid
and enforceable.
f) GOVERNING LAW: This
Agreement is governed by the Federal Communications Act to the extent applicable,
and otherwise This Agreement will be governed by the law of the State of Arizona, without regard to its choice of law rules, except
that the arbitration provisions in Section 11 are also governed by the Federal
Arbitration Act. This governing law provision applies no matter where you
reside, or where you use or pay for the Services.
g) ENTIRE AGREEMENT: This
Agreement constitutes the entire agreement between us and supersedes all prior
agreements, understandings, statements or proposals concerning the Service, including
representations, whether written or oral. This Agreement can only be amended as
provided in Section 7(d) and Section 12
(h) Herein. No written or
oral statement, advertisement, or service description not expressly contained
in the Agreement will be allowed to contradict, explain, or supplement it.
Neither you nor SIP XTREME LLC is relying on any representations or statements
by the other party or any other person that are not included in this Agreement.
h) CHANGES TO THIS
AGREEMENT: SIP XTREME LLC may change this Agreement from time to time. If we
make any changes to the prices or charges, we will comply with our notice
commitments described in this Agreement. IF YOU CONTINUE TO BE ENROLLED IN,
USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS
AND CONDITIONS, YOU AGREE TO THE CHANGES. Where required by law, customers who
cancel their service within the first three days, or seven days, as applicable,
following acceptance of this Agreement will be refunded all charges incurred
with respect to their account.
