This Agreement ("Agreement") is between Central Wisconsin Communications, LLC, ("CWC"), d/b/a Solarus, and the undersigned End User of Voice over Internet Protocol ("VoIP") communications services. This Agreement governs both the services and devices described below provided by and approved by CWC to be connected to the CWC VoIP network. In this Agreement, "you" "your," "End User," "user," and "Customer" mean the End User of the CWC services defined below, and "CWC," "we," "our," and "us" mean CWC. BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING MARKETING AND INFORMATIONAL MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON THE CWC WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING CWC FOR FURTHER DIRECTIONS.
Service Description.
CWC VoIP service is an enhanced informational communication
service whereby the voice communication is converted to
VoIP and carried, in part, over High Speed Internet networks,
also known as broadband Internet service. "Service" or "Services" is
defined to include VoIP calling and certain calling and
call management features or advanced features associated
with the Service, including additional features or advanced
features which CWC, in its sole discretion, may add, modify,
or delete from time to time. "Service" or "Services" do
not include broadband Internet service.
Service Requirements
Service requires: (a) a broadband connection via DSL ("Digital
Subscriber Line"), procured from CWC and (b) a specialized
customer premise equipment called a Telephone or Terminal
Adapter ("TA"), Analog Telephone Adapter ("ATA"),
Integrated Access Device ("IAD"), IP Office or
other such equipment (henceforth called "Device")
provided by CWC that allows connectivity from a regular
telephone handset (which you need to supply), or a specialized
IP telephone ("Internet Protocol telephone")
provided by CWC, to your broadband connection, and which
you are responsible for installing yourself pursuant to
instructions provided to you by CWC. If you receive packaging
and/or Devices from CWC 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 CWC's customer service department immediately.
VoIP is dependent on the broadband connection, adequate
power, and correct configuration of the IP phone, IP office,
Terminal Adapter ("TA") or other device used
to convert the voice signal to an Internet Protocol ("IP")
signal. CWC does not guarantee that the service will be
continuous or error-free. In addition, service may, from
time to time, be interrupted for equipment, network, or
facility upgrades or modifications and/or other service
interruptions/outages, which may or may not be within our
control or may be considered "acts of God".
Service
Limitations
You understand and acknowledge that the Service may not
be compatible with all non-voice communications equipment,
including but not limited to home security systems, home
security systems set up to make automatic phone calls,
medical monitoring equipment, fax machines, satellite television
systems and computer modems. By accepting this Agreement,
you waive any claim against CWC for interference or disruption
of such services and equipment due to the services.
Residential Use of Service and Device
If you have subscribed to CWC's Residential Services, the
Service and any Device provided by CWC are provided to
you as a residential user, for your personal, residential,
non-business and non-professional use. This means that
you are not using them for any commercial, profit-making,
non-profit, or governmental activities, including but not
limited to home office, business, sales, tele-commuting,
telemarketing (including without limitation charitable
or political solicitation or polling), autodialing, continuous
or extensive call forwarding, fax broadcast, fax blasting
or any other activity that would be inconsistent with normal
residential usage patterns. This also means that you are
not to resell or transfer the Service or the Device to
any other person for any purpose, or make any charge for
the use of the Service, without express written permission
from CWC in advance. You agree that your use of the Service
and/or Device, or the use of the Service and/or Device
provided to you by any other person for any commercial
or governmental purpose will obligate you to pay CWC'S
higher rates for commercial service on account of all periods,
including past periods, in which you use or used the Service
for non-residential, commercial or governmental purposes.
CWC reserves the right to immediately terminate or modify
the Service, if CWC determines, in its sole discretion,
that Customer's Service is being used for non-residential
or commercial use.
Business/Commercial Use of Service
and Device
If you have subscribed to CWC'S Business/Commercial service,
the Service and any Device provided by CWC are provided
to you as a small business user. This means that you are
not to resell or transfer the service or device to any
other person for any purpose, without express written permission
from CWC in advance. You agree that the CWC Business/Commercial
plans do not confer the right to use the service for auto-dialing,
continuous or extensive call forwarding, telemarketing
(including without limitation charitable or political solicitation
or polling), fax broadcasting or fax blasting. CWC reserves
the right to immediately terminate or modify the Service,
if CWC determines, in its sole discretion, that Customer's
Service is being used for any of the aforementioned activities.
Lawful
Use of Service and Device
You agree to use the Service and Device only for lawful
purposes. This means that you agree not to use them for
transmitting or receiving any communication or material
of any kind when, in CWC's sole judgment, the transmission,
receipt or possession of such communication or material
(i) would constitute a criminal offense, give rise to a
civil liability, or otherwise violate any applicable local,
state, national or international law or (ii) encourages
conduct that would constitute a criminal offense, give
rise to a civil liability, or otherwise violate any applicable
local, state, national or international law. CWC reserves
the right to terminate your service immediately and without
advance notice if CWC, in its sole discretion, believes
that you have violated the above restrictions, leaving
you responsible for the full month's charges to the end
of the current term, including without limitation unbilled
charges, all of which immediately become due and payable
and may at CWC's discretion be immediately charged to your
credit card or bill. You are liable for any and all use
of the Service and/or Device by yourself and by any person
making use of the Service or Device provided to you and
agree to indemnify and hold harmless CWC against any and
all liability for any such use. If CWC, in its sole discretion
believes that you have violated the above restrictions,
CWC may forward the objectionable material, as well as
your communications with CWC and your personally identifiable
information to the appropriate authorities for investigation
and prosecution and you hereby consent to such forwarding.
These requirements are in addition to any requirements
or restrictions imposed by your broadband Internet service
provider.
Use of Service and Device by
Customers Outside the United States
While the Service may be used within the United States
to contact persons in other countries, CWC does not presently
offer or support the Service to customers located in other
countries. If you remove the Device to a country other
than the United States, and use the Service from there,
you do so at your own sole risk, including the risk that
such activity violates local laws in the country where
you do so. You are liable for any and all such use of the
Service and/or Device by yourself or any person making
use of the Service or Device provided to you and agree
to indemnify and hold harmless CWC against any and all
liability for any such use. Should the removal from the
United States of the Device violate any export control
law or regulation, you will be solely liable for such violation
and agree to indemnify and hold harmless CWC against any
and all liability for such violation. CWC reserves the
right to terminate your Service immediately and without
advance notice if it determines that you are using it outside
the United States.
Loss of Service Due to Power
Failure, Internet Service Outage, Termination, Suspension,
or Termination by CWC
You acknowledge and understand that the Service does not
function in the event of power failure. You also acknowledge
and understand that the Service requires a fully functional
broadband connection to the Internet and that, accordingly,
in the event of an outage of, or termination of service
with or by, your Internet Service Provider ("ISP")
and/or broadband provider, the Service will not function,
but that you will continue to be billed for the Service
unless and until you or CWC terminate the Service in accordance
with this Agreement. Should there be an interruption in
the power supply or an ISP outage, the Service will not
function until power is restored or the ISP outage is cured.
A power failure or disruption may require the Customer
to reset or reconfigure equipment prior to utilizing the
Service. Power disruptions or failures or ISP outages will
also prevent dialing to emergency service numbers including
the 911 calling feature if provided as part of the service.
Should CWC suspend or terminate your Service, the Service
will not function until such time as CWC restores your
Service (which may require payment of all invoices and
reconnection fees owed by you or cure of any breach by
you of this Agreement).
Copyright/Trademark/Unauthorized
Usage of Device, Firmware or Software
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 CWC'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 CWC are and shall remain the exclusive property of CWC
and nothing in this Agreement shall grant you the right
or license to use any of such marks. You acknowledge that
you are not given 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 CWC will not provide any passwords,
codes or other information or assistance that would enable
you to use the Device for any other purpose. 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.
Tampering with the Service or Device
You agree not to change the electronic serial number or
equipment identifier of the Device, or to perform a factory
reset of the Device, without express permission from CWC
which CWC may deny in each instance in its sole discretion.
CWC reserves the right to terminate your Service should
you tamper with the Device, leaving you responsible for
the full month's charges to the end of the current term,
including without limitation unbilled charges, all of which
immediately become due and payable. You agree not to hack
or disrupt the Service or to make any use of the Service
that is inconsistent with its intended purpose or to attempt
to do so.
Theft of Service
You agree to notify CWC immediately, in writing or by calling
the CWC customer support line, if the Device 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 Device theft or fraudulent
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 CWC receives notice
of the theft or fraudulent use, you will be liable for
all use of the Service using a Device stolen from you and
any and all stolen Service or fraudulent use of the Service.
Return
of Device
The Device must be returned to CWC within five (5) days
of the termination of Service and (i) the Device must be
undamaged and in original condition, reasonable wear and
tear excluded; (ii) all parts, accessories, documentation
and packaging materials must be returned; and (iii) equipment
must be returned with a valid return authorization number
obtained from CWC customer service department. If any of
these conditions are not met, you will be charged for unreturned
equipment in the amount of $79.95. You are responsible
for any and all costs and risks of return shipping of equipment.
Ownership and Risk of Loss
You shall be deemed the owner of the Device, and bear all
risk of loss of, theft of, casualty to or damage to the
Device, from the time it is shipped until the time (if
any) when it is returned by you pursuant to Section 13,
and has been received by CWC.
Service Distinctions
You acknowledge and understand that the Service is not
a telephone service. Important distinctions (some, but
not necessarily all, of which are described in this Agreement)
exist between telephone service and the enhanced Service
offering provided by CWC. The Service is subject to different
regulatory treatment than telephone service. This treatment
may limit or otherwise affect your rights of redress before
Federal or State telecommunications regulatory agencies.
Number Transfer on Service Termination
Upon termination of the Service, if you wish to have CWC
release a telephone number that was ported in for you from
a previous service provider, CWC will make reasonable efforts
to do so, provided that: (i) your new service provider
is able to accept such number, (ii) you make the request
before your account with CWC has been terminated; and (iii)
your CWC account is completely current including payment
for all charges.
Suspension of Your Account
You acknowledge and understand that a service outage due
to suspension of your account as a result of billing issues,
non-payment or delinquency of your account or any other
reason, including, but not limited to those reasons described
elsewhere in this Agreement, will prevent all service,
including Emergency 911 dialing.
Indemnification
YOU ACKNOWLEDGE AND UNDERSTAND THAT CWC WILL NOT BE LIABLE
FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING
CWC OR TO ACCESS ANY EMERGENCY SERVICE PERSONNEL DUE TO
THE CHARACTERISTICS AND LIMITATION OF CWC SERVICE SET FORTH
IN THIS DOCUMENT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS CWC, 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
ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY
USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF
THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. YOU
ACKNOWLEDGE THAT CWC DOES NOT OFFER LIFELINE SERVICE, AND
THAT WE STRONGLY RECOMMEND THAT YOU ALWAYS HAVE AN ALTERNATIVE
MEANS OF ACCESSING EMERGENCY SERVICE.
Changes to this Agreement
CWC may change the terms and conditions of this Agreement
including the rates and charges for Service from time to
time. Notices will be considered given and effective on
the date posted on to the "Service Announcements" section
of the CWC website (currently located at http://www.talkwithus.biz).
Such changes will become binding on Customer, on the date
posted to the CWC website and no further notice by CWC
is required. This Agreement as 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 Customers in connection with retail distribution, including
without limitation any written terms enclosed within the
packaging of the Device.
In addition to the requirements set forth in Section 13,
all returned Devices must be in the original packaging
with the UPC and MAC bar code intact. All components, manuals
and registration card(s) must be included. Equipment must
be returned with a valid return authorization number obtained
from CWC's customer service department. The User is responsible
for the cost and risk of return shipping of equipment.
THE MONEY BACK GUARANTEE WILL NOT BE HONORED IF USER FAILS
TO MEET ALL SUCH REQUIREMENTS.
Payphone Charges
If you make use of CWC Toll Free feature or any toll free
feature that may be offered by CWC in the future, you acknowledge
and agree that CWC is entitled to recover from you any
charges imposed on CWC by payphone owners or operators,
either directly indirectly through CWC suppliers in connection
with toll free calls made to your number, or any charges
imposed on CWC by its suppliers to recover such costs.
CWC may recover these amounts by means of a per-call charge,
rounded up to the next cent, or in such other fashion as
CWC deems appropriate for the recovery of these costs.
Charges
for Directory Calls
CWC will charge 99 cents for each call made to CWC directory
assistance.
Limitation of Liability
Neither CWC nor its stockholders, officers, directors employees,
affiliates or agents, nor any other service provider who
furnishes services to Customer in connection with this
agreement shall be liable for any delay or failure to provide
the Service, including 911 dialing, at any time or from
time to time, or any interruption or degradation of voice
quality that is caused by any of the following: (a) 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; strikes; fire; lighting; flooding;
natural disasters; power surges; war; riot; 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 Customer; (h) outage of Customer's ISP or broadband
service provider; (i) act or omission of Customer or any
person using the Service or Device provided to Customer;
(j) any failure or defect in any Device supplied to Customer;
or (k) any other cause that is beyond CWC 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 degradation
of voice quality.
Limitation of Damages
CWC'S AGGREGATE LIABILITY FOR (A) ANY FAILURE OR MISTAKE;
(B) ANY CLAIM WITH RESPECT TO CWC'S PERFORMANCE OR NONPERFORMANCE
HEREUNDER OR (C) ANY CWC ACT OR OMISSION IN CONNECTION
WITH THE SUBJECT MATTER HEREOF, SHALL IN NO EVENT EXCEED
CREDIT FOR SERVICE CHARGES WITH RESPECT TO THE AFFECTED
TIME PERIOD.
IN NO EVENT SHALL CWC, ITS STOCKHOLDERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER
WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS
AGREEMENT OR 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 LOSS OF DATA, UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT OF OR DAMAGE TO CUSTOMER'S DATA, FILES, PROGRAMS
OR INFORMATION, 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 BE ABLE TO DIAL
911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE
SERVICE. 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 CWC WAS INFORMED OF THE LIKELIHOOD
OF ANY PARTICULAR TYPE OF DAMAGES.
Claims Deadline
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of
or related to use of the Service, any Device supplied
by CWC or this Agreement must be filed within one (1)
year after such claim or cause of action arose or be
forever barred.
Resolution of Disputes-Mandatory
Arbitration
Any dispute or claim between Customer and CWC arising out
of or relating to the Service or Device 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 Madison, Wisconsin
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 arbitrator may be entered in
any court having jurisdiction thereof. All claims shall
be arbitrated individually and Customer will 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. CUSTOMER ACKNOWLEDGES THAT THIS
ARBITRATION PROVISION CONSTITUES A WAIVER OF ANY RIGHT
TO A JURY TRIAL.
No Warranties on Service
CWC MAKES NO WARRANTIES AS TO THE SERVICE, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR
MERCHANTABILITY, FINESS OF THE SERVICE FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING
BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMACE
OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING, CWC DOES NOT WARRANT THAT
THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION,
ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT,
DATA OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING
THE SERVICE OR DEVICE, IF ANY, BY CWC OR CWC AGENTS OR
INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY
OF ANY KIND.
No Warranties or Limited Warranties
for Devices
If Customer received the Device new from CWC and the Device
included a limited warranty at the time of receipt, Customer
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. If Customer's Device did not include
a limited warranty from CWC at the time of receipt, Customer
agrees that it accepts its Device "AS IS" and
that Customer is not entitled to replacement or refund
in the event of any defect. OTHER THAN WARRANTIES AS TO
THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED
WITH THE DEVICE, CWC MAKES NO WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF
MERCHATABILITY, FITNESS OF THE 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 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.
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.
Content
You are liable for any and all claims that may arise out
of the content transmitted by or to you or Users using
the Services. You shall assure that your or any other user's
use of the Services and content will at all times comply
with all applicable laws, regulations and written and electronic
instructions for use. CWC reserves the right to terminate
or suspend affected Services, and/or remove your or any
other users' content from the Services if CWC determines
that such use or content does not conform with the requirements
set forth in this Agreement or interferes with CWC's ability
to provide Services to you or others, or if CWC receives
notice from anyone that your or any other users' use of
content may violate any laws or regulations. CWC's actions
or inaction under this Section shall not constitute review
or approval of your or any other users' use or content.
You will indemnify and hold CWC against any and all liability
arising from the content transmitted by or to you or to
any other users using the Services. A "User" means
any person, whether authorized or unauthorized, using the
Service and/or Device provided to you.
Governing Law
The Agreement and the relationship between you and CWC
shall be governed by the laws of the State of Wisconsin
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 32,
you and CWC agree to submit to the personal and exclusive
jurisdiction of the courts located within the state of
Wisconsin, and waive any objection as to venue or inconvenient
forum.
No Waiver
The failure of CWC to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver
of such right or provision.
Entire Agreement
This Agreement and the rates and terms for Services found
on CWC or Solarus website constitute the entire agreement
between you and CWC and govern your use of the Service,
superseding any prior agreements between you and CWC and
any and all prior or contemporaneous statements, understandings,
writings, commitments, or representations concerning its
subject matter. No amendment to this Agreement shall be
binding upon CWC.
Severability
If any part of this Agreement is legally declared invalid
or unenforceable, all other parts of this Agreement are
still valid and enforceable. Such invalidity or non-enforceability
will not invalidate or render unenforceable any other portion
of this Agreement.
Privacy
CWC Service utilizes,
in whole or in part, the public Internet and third party
networks to transmit voice and other communications. CWC
is not liable for any lack of privacy which may be experienced
with regard to the Service. Please refer to our Privacy
Policy applicable to you at www.solarus.net for additional
information.
Addendum to Voice Over Internet
Protocol Agreement (VoIP)
EMERGENCY SERVICES - 911 DIALING PLEASE READ THIS INFORMATION
REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING
FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS
OF CWC 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE
DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR
E911 CALLS. You agree to notify any user who may place
calls using your Service, including any household residents
or guests who may be present in your household, of the
limitations of 911 Emergency Dialing. We recommend that
you maintain an alternative means of accessing emergency
services in the event of Service disruption for any reason.
CWC
Optional 911 Service
911 Emergency Dialing is available as an optional service
in select areas. To activate this service, you must register
the physical location of your Device with CWC, and that
location must be within the geographic serving area of
a Public Safety Answering Point ("PSAP") to which
CWC has enabled for this service. If you fail to activate
and properly configure 911 Emergency Dialing, the Service
will not support 911 Emergency Dialing, and you acknowledge
and agree to this requirement. 911 Emergency Dialing will
not function until you receive notification from CWC, via
electronic mail, website notation or some other means,
that 911 Emergency Dialing has been successfully enabled
for your service, and you acknowledge and agree to this
requirement.
Service Address
You must provide the correct Service Address during the
registration process, which will be utilized by CWC in
the establishment and operation of 911 Emergency Dialing.
Failure to provide the correct and proper address location
may result in misdirecting 911 calls to the incorrect PSAP
or emergency operator and/or the failure to reach and render
emergency service. You acknowledge that 911 dialing will
not function properly if you move your Device to another
service address, either temporarily or permanently, unless
the new address has been properly recorded and in an area
for which CWC provides 911 Emergency Dialing. You may change
your Service Address by following the procedures specified
on the CWC website.
Basic/Traditional 911 Service
In select areas, CWC may not support 911, and your physical
location information may not be automatically delivered
to the PSAP with the 911 call. The PSAP or local emergency
dispatcher receiving a 911 emergency call may not be able
to capture and/or retain automatic number or location information.
This means that the dispatcher may not know the phone number
or physical location of the person who is making the 911
call. Therefore, a caller dialing 911 using CWC may need
to immediately tell the dispatcher the location of the
emergency, and the caller must not prematurely disconnect
the line, since the dispatcher may not have the phone number
to call back the caller. If the caller is unable to speak
or sufficiently describe the location, the emergency dispatcher
may not be able to render emergency service to the appropriate
location.
Enhanced 911 Service
In select area, CWC provides Enhanced/E911 capabilities,
if you have activated and properly configured 911 Emergency
Dialing. When the caller dials 911 on a CWC enabled phone
with E911 service, CWC will utilize the location information
you provided at the time of activation, or as subsequently
and properly updated, validated and acknowledged by CWC.
This location information will be automatically delivered
to the PSAP with the 911 call. If the location information
you provided is incorrect, the call may be misdirected
to a PSAP that does not serve your location, and may be
unable to render sufficient emergency service. You are
totally responsible for maintaining accurate physical location
information on your CWC account. If you move your CWC equipment
to another location, you must update your service address
in accordance with the instructions on the CWC website.
911
Limitations
911 Emergency Dialing will not function if the Device is
not configured correctly or if your CWC Service is not
functioning for any reason, including, but not limited
to, in the event of a power outage, High Speed/broadband
service outage, customer owned or leased equipment failure
or degradation of such equipment or any suspension or disconnection
of CWC Service. For technical reasons associated with the
possibility of network congestion in the event of a local
disaster, there is a greater possibility that a CWC call
will produce a busy signal, fail to be completed, or experience
longer connection times, as compared to traditional 911
calls.
Acknowledgement
You understand and acknowledge that CWC 911 Emergency Dialing
has certain characteristics that distinguish it from conventional
911 Service. These characteristics may make CWC unsuitable
to some users. You should carefully evaluate your circumstances
when deciding to activate CWC service. You acknowledge
that it is your responsibility to determine the technology
or combination of technologies best suited to meet your
emergency calling needs, and to make the necessary provisions
for access to emergency calling services, such as maintaining
a conventional phone line or wireless phone as a backup
means of completing emergency calls.
Suspension of Your
Account
You acknowledge and understand that a service outage due
to suspension of your account as a result of billing issues,
non-payment or delinquency of your account or any other
reason, including, but not limited to those reasons described
elsewhere in this Agreement, will prevent all service,
including Emergency 911 dialing.
Indemnification
YOU ACKNOWLEDGE AND UNDERSTAND THAT CWC WILL NOT BE LIABLE
FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING
CWC OR TO ACCESS ANY EMERGENCY SERVICE PERSONNEL DUE TO
THE CHARACTERISTICS AND LIMITATION OF CWC SERVICE SET FORTH
IN THIS DOCUMENT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS CWC, 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
ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY
USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF
THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. YOU
ACKNOWLEDGE THAT CWC MAY NOT OFFER LIFELINE SERVICE, AND
THAT WE STRONGLY RECOMMEND THAT YOU ALWAYS HAVE AN ALTENATIVE
MEANS OF ACCESSING EMERGENCY SERVICE.
Indemnification
This Agreement shall automatically terminate in the event
that the Customer becomes subject to voluntary or involuntary
bankruptcy, insolvency, reorganization, or liquidation
proceedings; makes an assignment for the benefit of creditors;
or admits in writing its inability to pay debts when due.
Solarus may terminate this Agreement by sending notice
of termination in writing if the Customer fails to remedy
any breach of the terms and conditions herein within ten
(10) days after written notice of the alleged breach. In
the event of a termination under this paragraph 5, the
Customer agrees to pay Solarus the Termination Charge described
in paragraph 6 of this Agreement.
Solarus is the largest independent telephone company in Wisconsin and has delivered innovative telecommunications products to residents and businesses for more than 110 years.