SECOM VoIP SERVICE TERMS AND CONDITIONS 1. INTRODUCTION.
a. Agreement. SECOM’s Service Terms and Conditions, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time (collectively, the “Agreement”), constitutes the entire agreement between SECOM, Inc., a Colorado corporation (hereinafter referred to as “we,” “us”
“Company” or “SECOM”) and the party set forth in the related registration order form (herein after referred to as “you,” “user” or “Customer”) regarding SECOM’s Service (as defined herein), and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this
Agreement. For purposes of this Agreement, the term “SECOM” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services or devices to you in connection with this agreement.
b. Order and Acceptance of Agreement. If you sign up for any of SECOM’s services either in person, over the phone, or over the Internet or if you use any of SECOM’s services, then you have agreed to be bound by this Agreement and all terms, conditions and rates. In addition, you understand that there may be elements of your services that may be subject to SECOM Inc. tariffs, which are on file with the Colorado Public Utilities Commission and available at the company’s website, www.secom.net.
c. Authority to Enter into this Agreement. By entering into this Agreement you represent and warrant that you are at least eighteen (18) years of age and that you have the legal right and ability to enter into this Agreement. You represent and warrant that your name, user name, contact information and registered location are true and correct and if for business use, you are authorized to act on behalf of your company. If SECOM is unable to determine the valid owner of any account, SECOM reserves the right to suspend or terminate the account and Services and to collect any unpaid charges against the person it believes in its sole but reasonable
discretion to be the account holder.
d. You Must Provide Full, Correct and Accurate Information. You understand that SECOM relies on the information you supply. SECOM must have your correct information in order to be able to provide its services. Providing incorrect or false information can be very damaging. It could mean, for example, that your 911 service might not work. If you provide false or incorrect information to SECOM, then SECOM may be delayed in providing your service. In addition, SECOM reserves the right to suspend or terminate your SECOM Services. You also agree to promptly notify SECOM whenever your personal or billing information changes (including, but not limited to, your name, address, telephone number, or any information SECOM needs to provide the services). You are ordering a service that is delivered to your location. SECOM has no control over your location. As a result, you
e. Revisions To Terms And Pricing. From time to time we may update or change these Terms of Service, our Reasonable Use Policy, and other policies. We will provide notice of such revisions by posting revisions to our website. You agree to visit our website periodically to review any such revisions. If you continue to use our services after a revision has been posted, and regardless of whether you checked the website in advance, you accept and agree to any such revisions. By subscribing to our service, you agree that we may provide to you over the website or via an insert with your monthly billing invoice required notices, agreements, and other information concerning SECOM, including changes to this Agreement, the Reasonable Use Policy and other policies.
2. GENERAL DESCRIPTION OF SECOM’S VOICE OVER INTERNET PROTOCOL AND BROADBAND SERVICES.
a. Voice over Internet Protocol (“VoIP”) Services work differently than
traditional telephone services. VoIP services use technologies that convert voice signals from your landline telephone handset into to a form of data that can be passed over other the Internet. You can dial telephone numbers from your VoIP Service just like you would from any other telephone. You can call any telephone number that is within your calling plan, such as another landline, mobile wireless or even another VoIP number and they can call you.
b. SECOM’s VoIP Services use an ATA. To make your VoIP service easy to use SECOM provides you with an “analog terminal adapter” (“ATA” or “Device”). An ATA is a device that allows you to connect your regular telephone to SECOM’s broadband services. The ATA allows calls to connect through SECOM’s broadband network and to any locations within your calling plan.
c. VoIP Services Depend Upon Electrical Power at your home or business. While SECOM provides power backup to the network equipment to keep its entire fiber optic and advanced broadband wireless network running if there is a power failure, it does not and cannot provide that electric power backup service to your home. As a result, if the power at your home or office fails, then the Device (or ATA) will quit working because it plugs into your power just like your computer or any other appliance. This also means that if the power goes out at your location, then you will not be able to dial any emergency services such as 911 / E911 nor will you be able to make any telephone calls until power is restored. By subscribing to SECOM’s VoIP Services, you understand and agree that 911 or E911 (and advanced form of 911 service) does not work if there is a power failure at your location.
d. SECOM also connects you to other carriers and to the Internet. SECOM’s broadband network connects you throughout southeastern Colorado and it connects you to other providers. While SECOM follows standard
services, please visit the Federal Trade Commission’s Consumer Information Page for “Privacy and Identity: http://www.consumer.ftc.gov/topics/privacy-identity. e. Definitions. For purposes of this Agreement, the term “SECOM VoIP Service” shall
mean any SECOM Voice over Internet Protocol (“VoIP”) service, including all other features, products and services provided by SECOM under the pricing plan that you have selected. For purposes of this Agreement, “Device” shall mean a SECOM-provided telephone, telephone adapter (“Adapter”), or router that connects telephone handsets to your broadband data connection and “SECOM Broadband Service” shall mean any SECOM high speed fiber optic, or high speed fixed wireless service. “SECOM Services” refers to the SECOM VoIP Service, SECOM Broadband Service, Device or other equipment SECOM provides.
3. USE OF SERVICE AND DEVICE.
a. Customer and/or User Responsibility for Service(s) and Device(s). You agree that you are financially and legally responsible for all use(s) related your account. You agree, therefore, that if anyone uses your SECOM Services without your permission, then you are responsible for any such use.
b. Lawful purposes only. You may not use SECOM Services for any unlawful purpose or for any uses that require governmental approvals, authorizations, license,
consents or permits without first obtaining all required governmental approvals, authorizations, licenses, consents, and permits for such a use. You may not use SECOM Services in any manner that interferes with other persons in the use of their service, prevents other persons from using their service, otherwise impairs the quality of service to other Customers, or impairs the privacy of any communications over any service provided by Company. SECOM may require you shut down your SECOM Services if your use is causing interference to others. You may use SECOM Service in any manner to annoy, abuse, threaten, or harass other persons. You may not use SECOM Services either without payment for service or by attempting to avoid payment for service by fraudulent means or devices, schemes, false or invalid numbers, or false calling or fake credit cards. SECOM provides only the SECOM Services to you. This means that you obtain no property right or interest in the use of any specific type of facility, service, equipment, telephone number, process or code. Any and all rights, titles and/or interests in or related to SECOM’s network, equipment, business, operations, and/or SECOM Services remain, at all times solely with SECOM.
c. Use of SECOM Equipment. Equipment SECOM provides or installs at the
Customer’s Premises for use in connection with the services SECOM offers may not be used for any purpose other than that for which the SECOM provided it. You may not, and may not permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the services or equipment installed by SECOM or by SECOM’s agent.
not change the nature of the Internet or of any third party networks. You agree that in order to help maintain the security of your Service, therefore, you should
safeguard your User IDs and Passwords, as well as the media access control (MAC) address of the Device. The MAC address is one of the key pieces of information used by SECOM to authenticate customer calls and should not be shared with anyone other than an authorized SECOM representative. If anyone you do not know for sure to be an authorized SECOM representative calls you or emails you and asks you for any technical or personal information related to any service you receive from SECOM, do not provide that information, but call SECOM’s help desk at 719-384-8583 or toll free at 888-925-7695 or email SECOM at email@example.com.
e. Inconsistent with Normal Use. SECOM’s network and service offerings are each designed and priced to operate within usage limits normally associated with the each service offering. If you use the services in ways that are inconsistent with the normal use for such service, then it may not be permitted and may harm the network or other’s abilities to use their services. By way of example but not limitation, inconsistent use can include things like unusual calling patterns,
excessive numbers dialed and/or consistent excessive usage, operating a call center, reselling the service to others, auto-dialing / fax/voice blasts, telemarketing,
excessive conferencing or call forwarding. SECOM will consider these and other factors in determining whether your usage is consistent with normal expected usage for the type of service you have ordered relative to usage by other SECOM
customers for services that are similar to the one you have ordered and/or are similar to usage patterns for services you have not ordered but are effectively using. If in SECOM’s sole discretion the use is abnormal, abusive, harmful or otherwise inconsistent with normal ranges of use for your ordered service, SECOM may require you to: (a) pay any recurring and/or nonrecurring rates that apply to the way you used the service; (b) change to a plan that matches your use and/or (c) terminate your service. SECOM also reserves the right to review your account and take further action, including, but not limited to, immediate suspension of any of your SECOM services if account usage is beyond normal standards, impermissible or detrimental to other customers' ability to use the service or adversely affects our network, operations, connections to other carriers and/or our ability to provide you or anyone with any of the services we offer. If we determine that you are engaging in abnormal or impermissible usage but your usage is not immediately harmful to our network, operations, other users and is not otherwise impermissible or unlawful, we may inform you and provide you with the opportunity to correct the improper usage. If we give you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, you agree that we may transfer your service to another plan, charge applicable rates or suspend or terminate your
service. You also acknowledge that if your service is terminated under this
provision, you are subject to all applicable fees and taxes at the time your service is terminated. SECOM’s right to terminate your account under this Agreement (with or for no reason) is not limited by this provision.
a. Residential Plans. If you subscribe to our residential services, we provide you with the Service and the Device solely for residential use. SECOM's residential unlimited service plans and features are for single household use.
b. Business Plans. Service is provided to you as a business user, for your business and home office use. This means that you are not using it for any personal, residential, nonbusiness or nonprofessional purpose.
c. Resale of any service is prohibited. d. All services are provided “as is.” 5. LOCAL NUMBER PORTABILITY.
a. Simple Port. Port means transferring your telephone number from one provider to another provider. If you move to a new carrier and ask them to port your number and the port works, we terminate your service, but you remain responsible for all fees associated with your service. Sometimes, however, a port does not work. If the port does not work, then no termination of our Service has occurred because the telephone number stays with our Service. In that case you will remain responsible for any and all charges on the account until you call us to request disconnection of the service.
b. Multiple-line Accounts. If you have ordered multiple services from us under one account then you must call us in advance to arrange for porting of telephone numbers. If you attempt to port one or any number of telephone numbers from a multiple-line account to another carrier, then before the port is accomplished we can and will reassign your account to the appropriate plans and also impose any fees including but not limited to early termination fees and recovery fees that may apply. You will also remain liable for any and all charges on the existing account through the end of the billing cycle in which the port is requested.
c. Porting a number to SECOM: If you receive service from another provider but wish to take your number over to SECOM Service, then the following terms and conditions apply:
i. Authorization. You hereby authorize SECOM to process your order for the Service and to notify your local service provider of your decision to switch your local services to SECOM and to transfer your telephone number, and represent that you are authorized to take these actions. You may be required to complete a letter of authorization, provide us with a copy of your most recent bill from your service provider, as well as provide us with any other information required by your service provider to port your number. Failure to provide any information requested by SECOM or the third party services provider will delay the porting of the number to SECOM. SECOM shall not be responsible for any delay in the port of your number and will not provide credit for any such delays.
ii. Activation. You agree and acknowledge that you must install and activate your Device prior to the date that the number switch becomes effective.
6. SERVICE DISTINCTIONS. You acknowledge and understand that SECOM VoIP Service is not a traditional telephone service, and we provide it on a best efforts basis. In addition, there are important technical and regulatory distinctions
between telephone service and the enhanced SECOM VoIP Service. Because VoIP is not regulated in the same way as traditional telephone service, you may need to check with the Federal Communications Commission and Colorado Public Utilities Commission to determine how it is regulated. Federal and state courts may also treat VoIP differently than traditional telephone service. And as already explained, events beyond our control may affect our service, such as power outages,
fluctuations in the Internet, or broadband services across the calls you may make or receive, system maintenance or acts of God. We will act in good faith using
commercially reasonable efforts to minimize disruptions to your use of and access to our service.
a. Emergency Services – 911/E911 Dialing. You acknowledge and understand that SECOM 911/E911 dialing is different than traditional 911/E911 service. This is because VoIP works differently than traditional telephone service. VoIP works only when the electric power is working at your location. If you do not have electricity, then SECOM’s VoIP Service will not work because the Device that connects the phone to the broadband Internet connection is powered from your location. If the power fails, the phone will not work. Because the SECOM VoIP Service delivers the call over broadband to your Device, the Device must remain at the same physical location where you originally ordered SECOM VoIP Service in order for 911/E911 to function correctly. If you move the Device without telling SECOM, then the Device may not operate at all, but even if it does work, it will tell emergency responders your old address when you dial 911/E911, which could delay or even prevent critical or life-saving emergency service responders such as the police, paramedics or fire department from reaching you in an emergency. And if you cannot speak, then the 911 operators will have no way of locating you.
b. YOUR SERVICE WILL NOT BE ACTIVATED UNTIL SECOM RECEIVES AN
AFFIRMATIVE ACKNOWLEDGMENT THAT YOU HAVE READ AND UNDERSTOOD SECOM’S 911 DISCLOSURE AGREEMENT. See complete 911 disclosure posted on our Web site at www.SECOM.com.
c. No 0+ or Operator Assisted Calling; May Not Support X11 Calling. You acknowledge and understand that the Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, calling card calls or dial-around calls. Our Service may not support 311, 511, and other x11 services in one or more service areas.
d. Directory Listing. The phone numbers you get from us will be listed in telephone directories.
f. Use Only In Authorized SECOM Service Areas. As previously noted the Service is specifically designed to work with SECOM Broadband Service. SECOM VoIP Service provides access to emergency services only in areas where SECOM authorizes SECOM Services. SECOM disclaims any obligation to provide you with access to emergency services in any location that (i) is not specifically authorized by SECOM for such service; (ii) where you have not properly ordered service; and (iii) where you have not properly registered your Device location and address so that the Device can provide SECOM and emergency responders with the correct information for 911/E911 calls. Again, if you live at one address in SECOM service area and move to another address within the SECOM service area without arranging for transfer of service with SECOM your 911/E911 service will not work properly and emergency responders will not have your correct address information on file. In that case, when you dial 911, the emergency operator will only see the last address for your telephone number that was properly verified through SECOM in their systems. Only an authorized provider is allowed to update and verify the automatic address
information for your telephone number with the 911 / E911 systems. Again, you can tell them your location, but it creates confusion to have an improper address on file and if you cannot speak, they have no way of finding you.
7. LENGTH OF SERVICE.
a. Service Term. We provide the Service for the term that you have signed up for. Your term begins on the date you first ordered service (the “Subscription Date”), or the date we successfully process your payment, whichever is later. It is not the day you receive the Device you ordered or the first time you use the Service. You are purchasing the Service for the full service term as set forth in the Order.
b. Automatic Renewal. SECOM shall automatically renew the Service for the same term on your Subscription Date unless you cancel your Service before the end of the current service term. See “Termination of Service” Section 8.d. The renewal begins on the day after the last day of your term. The renewal will be charged to your payment method (credit card, draft, debt etc.) on file, which may include any payment method automatically updated by your issuing bank. If your electronic payment is declined, invalid, or payment is not made by the financial institution on your Subscription Date, without further notice SECOM reserves the right to
automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.
c. Our right to disconnect. We have the right to suspend or discontinue service generally, or to disconnect the Service, at any time. In addition, we reserve the right to immediately disconnect the Service at any time without notice due to
non-payment or any unlawful or any inappropriate use of the Service. All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
Department to do so - simply disconnecting or returning your device to us will not cancel your service and you will remain responsible for all costs and fees associated with your account, including, but not limited to, monthly recurring fees for your service plan.
a. Ownership and Risk of Loss. You will own the Device and bear all the risk of loss, theft, or damage regardless of the payment schedule selected for Services and Devices. Minimum Commitment Contracts for Services and Devices may include early termination fees.
b. Promotional Devices. Devices included in a service offering at no charge may be previously used equipment. Unless otherwise provided in a Minimum Commitment Contract, Devices not returned upon cancellation of the Service will be charged to the customer. See Cancellation policy for details.
c. Replacement of a Defective Device. Devices purchased from SECOM will be covered by their respective factory warranties only. SECOM does not offer any warranty in addition to, or in replacement of any factory warranties. Prior to
returning the equipment, you must contact SECOM support at 888-925-7695 so that SECOM may determine whether a defect exists and to arrange for the return. d. Tampering with the Device. You may not change the electronic serial number or
equipment identifier of your Device.
e. Prohibited Devices. You are prohibited from using SECOM VoIP Services with any devices other those that SECOM provides.
9. FEES AND CHARGES.
a. Fees and charges. We will publish fees and charges on our Web site. These fees and charges may change from time to time (except during the term of a Minimum Commitment Contract). New pricing will be effective the next day following posting to the Web site and may be applied to renewals of existing services. We may
introduce new products and services at special introductory pricing. Introductory pricing will not be applied retroactively to existing services and may be applied for only limited periods of time. At our discretion, we may change introductory pricing. Certain service charges, such as Regulatory Recovery Fees, Universal Service Fund fees, and E911 fees, are subject to change from time to time and are applicable to ALL Customers regardless of a Minimum Commitment Contract.
b. Billing increments. All billing policies are defined by the specific package the customer chooses. Please refer to your service description for the billing policies. c. Taxes. Customer is responsible for, and shall pay are any applicable federal, state,
municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer’s
subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Device and will be billed to you. If Customer is exempt from payment of such taxes, you will provide SECOM with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date SECOM receives a valid tax-exempt certificate. d. Charges for Directory Calls (411). We will charge you $1.25 for each call you make
e. Activation Fee. One-time activation fees and any other installation fees that may apply are specified on the Web site and vary by product and plan chosen.
f. Reinstatement Fee. Reinstating any service deactivated for non-payment of fees shall result in a reinstatement fee up to $25.00.
10. BILLING AND PAYMENT.
a. Billing. We will charge you in advance for each term of service. If you have selected a free trial offering, we will commence charging you for the Service at the expiration of the free trial period, unless we are notified of the contrary. When you subscribe to the Service, you must give us a payment method (credit card, debit card, or check) that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. We will bill monthly as due immediately usage-based charges and any other charges that we decide to bill as due immediately. Bills will be mailed to the customer address.
b. Payment. When you subscribe to the Service, you authorize us to collect from your payment method. This authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method.
c. Collection. If we disconnect the Service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney’s fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest and charges due to insufficient credit.
d. Notices. You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under FDIC Regulation E to receive ten (10) days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
e. Billing Disputes. You must notify SECOM in writing within 30 days after receiving your credit card statement or from the time funds are debited from your bank account if you dispute any SECOM charges on that statement or that have been debited from your account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address: firstname.lastname@example.org.
11. PRICING AND PAYMENT.
a. Prices and Fees. SECOM fees and charges for the Service are supplied to you during the ordering process unless otherwise provided for in this Agreement. You agree to pay the applicable one-time and recurring charges. You further agree to pay any taxes and other charges, including but not limited to, account setup fees, Adapter fees, Device charges, shipping and handling and other nonrecurring charges. Recurring charges will be billed on the first day of every billing cycle.
authorize us to use it as a credit card. If your issuing bank automatically provides us with an updated credit card, you agree that we may charge this new credit card for all amounts due to us without additional notice or consent. You also agree to indemnify us for any claims, damages or expenses resulting from providing a debit card instead of a credit card. If your credit card is declined, is invalid or payment is not made by the issuer of your credit card at the time that a charge is attempted, you will not be able to use the Service until your account is paid in full.
c. Credit Balance Account. Your credit balance account has been established to cover incidental charges on your account that are not covered by your subscription fee. For example, international calls, toll free charges, Directory Assistance calls and taxes related to these calls are automatically charged to your credit balance account. A certain credit limit will be set on your account based upon your service plan and credit history. When the balance of your credit account reaches the credit limit, your account will be unable to make additional calls until the balance is paid down. You can make payments to reduce your credit balance account at any time by contacting our Customer Care Department at 800-657-7149 during normal business hours. Any credit balance used as of your subscription renewal or monthly anniversary date will be charged to the credit card on file.
d. Credit Terms. All Services provided to You and covered by the Agreement shall at all times be subject to credit approval or review by SECOM. You will provide such credit information or assurance as is requested by SECOM at any time. SECOM, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.
e. Discontinuation of Service for Nonpayment. The Service to you may be denied or discontinued without notice at any time in the event your credit card provider denies or discontinues providing credit to you for any reason, or you fail to provide us with a new credit card expiration date before the existing one expires. If your credit card fails for any reason during the ordering process, or any regular or monthly billing process, you will have 24 hours to provide SECOM your new credit card information. If the credit card issue is not resolved within 48 hours, SECOM may deactivate the Service. If your credit card is approved within 24 hours, your calling plan and billing cycle will remain unchanged. You agree to pay all charges owed to SECOM, including but not limited to the reinstatement fee for reactivated services. In the event SECOM utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
f. Promotions. SECOM may limit the number of promotions you may be eligible for in a given period. Promotions may be cancelled by SECOM at any time.
Company incurred will apply. If the Customer cancels service after the Company has completed installation, and at the time of cancellation the Company has incurred any expense in installing services, a charge equal to the cost the Company incurred will apply. In addition, the minimum service period obligations will apply
regardless of whether service has been initiated.
h. Modification Of Service By Customer. The minimum service period is one month (30 days) beginning with the first day of service. The Customer must pay the contract rate for service for the minimum period of service. Thereafter, if a Customer disconnects service other than at the end of a service period, that
Customer must pay the regular rates for the minimum service period on a pro rata basis. When the service is moved within the same building, to another building on the same Premises, or to a different Premise entirely, the period of service at each location is accumulated to calculate if the Customer has met the minimum service period obligation. If service is transferred to a new Customer at the same Premises during the first month of service, the new Customer assumes responsibility to meet the remainder of the minimum service period requirements. For Services not taken over by the new Customer, the original Customer is responsible for the remaining payment for the minimum service period obligation in accordance with the terms under which the service was originally furnished. In the case of a
Customer-initiated modification of service, charges for the subsequent order are in addition to the costs incurred before the Customer changed the original order.
12. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY, INDEMNIFICATION. a. WARRANTIES. SECOM MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING
THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. SECOM DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. SECOM DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR
REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE AND DEVICE “AS IS” AND THAT CUSTOMER IS NOT
ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST SECOM TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. b. WE WILL NOT GIVE YOU CREDIT FOR ANY INTERRUPTION OF ANY SECOM
SERVICE, WHETHER DOMESTIC OR OTHERWISE. 13. LIMITATION OF LIABILITY.
a. IN NO EVENT SHALL SECOM BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS,
USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE
PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL SECOM BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE,
MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO SECOM OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND SECOM’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF
COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. SECOM SHALL NOT BE LIABLE FOR
UNAUTHORIZED ACCESS TO SECOM’S OR CUSTOMER’S 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 SECOM’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. SECOM’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE
LIMITATIONS SET FORTH HEREIN APPLY TO ALL 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 SECOM WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE SECOM FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST SECOM TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
14. INDEMNIFICATION AND WAIVER OF CLAIMS.
LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE
RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR
INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
15. Acceptable Use Policy. You agree to comply with the SECOM Acceptable Use Policy (“AUP”), which is posted on our Web site at www.secom.net/aup and is
incorporated into this policy with this reference. Changes to the AUP may be made at any time without notice to you and is effective the day following posting to our Web site.
16. MANAGEMENT OF YOUR DATA AND COMPUTER.
a. System Management and Service Performance. You are solely responsible for obtaining, installing, configuring and maintaining suitable equipment, including your computer and telephone and software, including any necessary system or software upgrades, patches or other fixes which are or may become necessary to access the Service and to operate your computer. SECOM will only provide technical assistance with respect to your SECOM-provided Adapter.
b. Monitoring of Network Performance. SECOM automatically measures and monitors network performance. We also will access and record information about your computer's profile and settings and the installation of the Software in order to provide customized technical support. No adjustments to your computer settings will be made without your permission. You hereby consent to SECOM's monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as set forth above, as they relate to the Service.
17. CONTENT. You are liable for all liability that may arise from the content you
transmit to any person, whether or not you authorize it, using the Service or Device. You promise that you and anyone who uses the Service and all your and their
content comply at all times with all laws, regulations, and written and electronic instructions for using the Service and the Device. You agree that SECOM is not liable for any content transmitted or received via any of its Services.
b. Exceptions to Customer Privacy. You hereby agree that we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, and full content of your communications as may be required under state or federal law including but not limited to the
Communications Assistance for Law Enforcement Act (CALEA), as follows:
i. as required by law, regulation, rule, subpoena, search warrant, court order or lawful request by a government agency;
ii. to initiate, render, bill, and collect for Services;
iii. to protect the rights or property of SECOM, or to protect users of SECOM services and other broadband providers or carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; and/or
iv. to provide any inbound telemarketing, referral, or administrative services to you (the customer of record) for the duration of the call, if such call was initiated by the customer of record and the customer of record approves of the use of such
information to provide such service; and as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both. c. Network limitations on Privacy. SECOM utilizes, in whole or in part, the public
Internet and third party networks to transmit voice and other communications. As a result, you understand and acknowledge that SECOM cannot guarantee that the privacy of any communications including SECOM’s VoIP Service or any
communications transmitted over SECOM Broadband Service is completely secure. Moreover, websites on the Internet often install programs (i.e. “cookies”) that track usage across Internet websites. SECOM has no control over any of this. YOU AGREE THAT SECOM SHALL NOT BE LIABLE FOR ANY SUCH LACK OF PRIVACY.
19. MISCELLANEOUS LEGAL CONSIDERATIONS.
a. Governing Law. This Agreement and the relationship between you and SECOM shall be governed by the laws of Colorado without regard to its conflict of law provisions. Any claim brought pursuant to this Agreement shall be brought in a court of competent jurisdiction within the State of Colorado and venue for any such claim shall be proper in the appropriate state or federal court located in Denver, Colorado.
b. No Waiver of Rights. Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. SECOM reserves all of its rights at law and equity to proceed against anyone who uses the Services or Device illegally or improperly. All determinations by SECOM under this Agreement and exercise of its rights are made and done in our sole and absolute discretion. c. No Third Party Beneficiaries. If you are not a party to this Agreement, you do not
have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any other third party beneficiary rights.
contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
e. Severability. If any part of this Agreement is determined to be legally invalid or unenforceable by a final ruling of a court, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement. f. Regulations. You agree to comply fully with all relevant export laws and
regulations of the United States.
g. Assignment. SECOM may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service or Device without our prior written agreement.
h. Survival. The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service. i. Force Majeure (events beyond SECOM’S control). SECOM shall be excused from any
delay or failure in performance hereunder caused by reason of occurrence or
contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of SECOM’s commercially reasonable efforts.
j. Software Copyright. Any software used by SECOM to provide the Service and any software provided to you in conjunction with providing the Service is protected by copyright law and international treaty provisions. You may not copy the software or any portion of it.