Digital Phone Service Subscriber Agreement

 

This Agreement sets forth the terms and conditions under which Rock Island Communications (“Rock Island”) will provide Digital Phone service (“Service”) to you (“Customer”) at your home or business. By subscribing to or using Rock Island’s Digital Phone services and/or any related products, equipment or services you agree to all of the terms and conditions set forth in this Agreement. This Agreement governs both the Service and any equipment provided by Rock Island as part of the Service. Rock Island reserves the right to modify the terms of this Agreement from time to time. We will provide notice of such modifications by posting a new version of this document on our web site. All revised copies of the Agreement are effective immediately upon posting. Accordingly, Rock Island customers should regularly visit our web site and review the Digital Phone Service Subscriber Agreement to ensure that their activities conform to the most recent version. By continuing to use the Rock Island Digital Phone Service and/or any related products, equipment or services after modifications to this Agreement are effective, you shall be deemed to have accepted and agreed to abide by such modifications. By subscribing to our Service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Rock Island, including changes to this Agreement. SERVICE Service is offered on a month to month basis, beginning on the date Rock Island activates your Service and continues indefinitely until canceled by you or by us as provided for herein. Your service term refers to the period of time for which we will bill you periodically in advance (i.e., one month). Rates for the Service are set out on the rate schedules on Rock Island’s web site, http://www.rockisland.com. Reasonable Use Rock Island offers different Service Plans for Residential and Business uses. If you are on a Residential Service Plan, the Service is a single (and not extended or multi-) family residential (personal, non-commercial) voice service. It is priced and engineered to process and deliver traffic profiles and utilization levels of our typical residential customers’ calling patterns. Telephone usage that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use may create network congestion that will manifest itself in increased busy signals for the user and for others, and may result in service termination. The following uses are not considered typical residential uses and are not permitted under Rock Island’s Residential Service Plan: use by or for others who do not live with you; use for operating a business, even if operating from the residence; use for operating any other enterprise, including not-for-profit or governmental; resale to others; continuous or excessive call- forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling), autodialing, fax or email broadcasting, fax or email blasting or any other activity that would be inconsistent with normal residential usage patterns. If you are on a Business Service Plan, the Service is provided to you solely for use as a small business user. The following uses are not considered small business uses and are not permitted: autodialing, continuous or excessive call-forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting; and fax or voicemail blasting. The Business Service Plan may require you to be responsible for supplying, operating, and supporting the standard SIP-based Customer Premise Equipment for use with the service. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your equipment, and any and all charges related thereto. Use of the Business Service Plan must be consistent with this Reasonable Use Policy and this Agreement, and consistent with typical customers on the same business call plan.

 

Unauthorized or excessive use beyond that normally experienced by typical small or home business customers may create network congestion that will manifest itself in increased busy signals for themselves and others, and may result in service termination. If Rock Island determines, in its sole discretion, that your usage is inconsistent with normal usage patterns for your service, you will be required to (a) pay the rates for the service that would apply to the way you used the service, (b) change to a more appropriate plan, or (c) terminate the plan. For example, if you subscribe to Rock Island’s Residential Service Plan, and your aggregate usage is inconsistent with normal residential or personal use, you may thereafter be required to pay our applicable, higher rates for service for all periods in which your use of our service was inconsistent with normal residential use. Rock Island reserves the right to terminate your Service or modify the Service and assess additional charges for each month in which excessive usage occurred. This Service may not be resold or transferred to any other person for any purpose, nor may you charge others for the use of the Service, without express written permission from Rock Island in advance. International Calling and Other Measured Services Rock Island calling plans promoted as having flat monthly fees may not include certain types of calls. International calls are not included in the basic rate for Rock Island Digital Phone Service and are billed on a per-minute basis. This is the case even if your service plan has been described as having “Unlimited Long Distance.” Operator Assisted calls and Directory Assistance calls are also not included with the basic plan, but are available at an extra fee. Rates for these types of calls as well as other measured services are listed on Rock Island’s web site.

 

TTY Calling During emergency situations, TTY Callers should directly dial 911 or other emergency numbers. All 911 centers are equipped to handle TTY calls. If you use Relay Service for an emergency rather than dial 911 directly, your urgent call may be delayed. Telecommunications Relay Service (“TRS”). TRS is a free service that connects customers who are deaf, hard of hearing or have speech disabilities with others, using either standard telephone equipment or telephone equipment that has been specifically designed for individuals with disabilities. This service is accessible with Rock Island Digital Phone Service. You can access TRS by dialing “711,” or using the toll-free number listed in your telephone directory. System Requirements The Service requires electrical power. The equipment that Rock Island provides to you in order to access the service contains a backup battery, which we estimate, but do not guarantee, will provide 8 hours of power in the event of a power failure. If a power failure occurs that exceeds the battery’s ability to provide power, the Service, including 911 service, will not function. The Service requires a fully functional broadband service, which is provided by Rock Island. If the broadband service is unavailable, the Digital Phone Service, including 911 service, will not function. Illegal Use The Service may not be used for any unlawful, abusive, threatening, harassing, defamatory, libelous, obscene, invasive of another’s privacy, deceptive, or fraudulent purpose, including without limitation, using the Service in a way that (i) interferes with Rock Island’s ability to provide service to its customers, (ii) avoids your obligation to pay for communication services, (iii) constitutes a criminal offense, (iv) gives rise to a civil liability, or (v) otherwise violates any applicable local, state, national or international laws. Monitoring Rock Island may monitor the use of its service for violations of this Agreement. We may remove or block all communications if we suspect a violation of this Agreement, or if we think it necessary in order to protect our service, or Rock Island, its parent, affiliates, directors, officers, agents, and employees from harm. Providing Information to Authorities and Third Parties If Rock Island believes that you have used our service for an unlawful purpose, we may forward the relevant communication(s) and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, 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 have have about your account, including but not limited to, types of service, length of service, IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the service; to protect Rock Island’s rights and property; or in emergency situations where disclosure of such information is necessary to protect Rock Island customers or third parties from imminent harm. Security Systems and other Non-voice Communications Equipment Rock Island does not guarantee that our Service will be compatible with any non-voice communications equipment, including but not limited to, security and fire systems that are set up to dial call-monitoring centers, fax machines, satellite systems, modems and medical monitoring devices. By accepting these Terms and Conditions, you waive any claim against Rock Island for failure of such systems or your Service due to any incompatibility. Billing Rock Island will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which Rock Island decides to bill in arrears). Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on Rock Island’s website. Termination/Discontinuance of Service If your service is terminated for any stated reason, including without limitation, violation of this Agreement, or because of any improper use of the Service or Equipment (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Rock Island or of a third party provider to which Rock Island is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, which immediately become due and payable. Release of Phone Number You may be able to take, or “port,” your current telephone number to another service provider. If you ask your new service provider to port a number from us, we will terminate our service for that number promptly after we receive notification from our competitive local exchange carrier that the porting of your number to your new service provider has been completed successfully. We will terminate our service in this fashion even if you have not independently called us to request disconnection. Once your service is terminated in this manner, you will remain responsible for all charges and fees through the end of the current billing cycle, including any unbilled charges. If a port is unsuccessful for any reason, then unless you independently call us to request disconnection or unless we determine to disconnect your line as stated in this Agreement, your service and your agreement with us will not terminate, you will remain a Rock Island customer, and you will continue to be responsible for all charges and fees associated with your Rock Island service. Taxes, Surcharges, Fees You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local, regulatory or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or surcharges now in force or enacted in the future, that arise from, or as a result of, your subscription, use, or payment for the Service or Equipment. Billing Disputes You must notify Rock Island in writing within 7 days after receiving your statement if you dispute any charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: Billing Department Rock Island Communications 208 Enchanted Forest Rd, Suite D Eastsound, WA 98245 IMPORTANT LIMITATIONS – EMERGENCY SERVICES – 911 DIALING Please read this information carefully. By using the service you acknowledge and accept any limitations of Rock Island Digital Phone service regarding 911. You agree to explain these limitations to any and all persons who may have occasion to place calls over the service(s). If you have specific questions about 911 and Rock Island Digital Phone service, contact Rock Island Communications. Broadband Connection Required Rock Island Digital Phone service requires a fully functional broadband Internet connection in order to work. Service outages or suspension or termination of broadband service will prevent ALL service, including 911 dialing. Service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing. If there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. Service Moves Affect 911 Rock Island customers have access to Enhanced 911 (E911) or basic 911 service, depending on the capabilities of the local emergency center serving your location. When you dial 911 your Rock Island phone number and registered address are sent to your local emergency center, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911, when you dial 911, local emergency operators answering the call may not see your registered address, so you must be prepared to give them this information. If the local emergency center is capable of receiving our customers’ information, emergency operators will see the Rock Island telephone number and registered address associated with the telephone from which the 911 call is placed. The emergency operators then will be able to call you back if the call is dropped or disconnected and dispatch help to the registered address. Rock Island requires you to provide the physical address where you will be using our service for 911 purposes. For both basic 911 and E911, this address is used to route 911 calls to your local emergency center. If you move your telephone to another location, you must update your address. If you do not update your address, your 911 calls may be sent to an emergency location near your old address or emergency responders sent to the wrong location. If you move your Rock Island Digital Phone equipment to a different location without notifying Rock Island at least 10 business days in advance, the 911 Operator may not be able to identify the correct address. Even if the 911 caller is able to convey the correct address to the 911 Operator, there may be confusion due to the discrepancy between your true location and the location the Rock Island Digital Phone system is displaying to the 911 Operator. The 911 call may fail altogether or, if the call is dropped before you are able to provide your true location, the Operator may not be able to call you back to assist you with your emergency. LIFETHREATENING DELAYS IN THE RESPONSE TIME OF EMERGENCY RESPONDERS COULD RESULT IF YOU MOVE YOUR EQUIPMENT WITHOUT NOTIFYING ROCK ISLAND. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY No Warranties on Service Rock Island makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness 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 performance or any warranty that the service will meet customer’s requirements. Without limiting the foregoing, Rock Island does not warrant that the service will be without failure, delay, interruption, error or degradation of voice quality or loss of content, data or information. Neither Rock Island nor its officers, directors, employees or agents or any other service provider or vendor who furnishes services or products to customer in connection with this agreement or the service will be liable for unauthorized access to Rock Island’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 equipment or any other method, regardless of whether such damage occurs as a result of Rock Island’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning the service or equipment, if any, by Rock Island or Rock Island’s agents or installers are informational and are not given as a warranty of any kind.

 

Limitation of Liability

 

Rock Island shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1. Act or omission of an underlying carrier, service provider, vendor or other third party; 2. Equipment, network or facility failure; 3. Equipment, network or facility upgrade or modification; 4. Force majeure events such as (but not limited to) acts of god; acts of nature; strikes; fire; war; riot; acts of terrorism; and government actions; 5. Equipment, network or facility shortage; 6. Equipment or facility relocation; 7. Service, equipment, network or facility failure caused by the loss of power to Customer or to Rock Island; 8. Outage of Customer’s broadband service; 9. Act or omission of Customer or any person using the Service or Equipment provided to Customer; or 10. Any other cause that is beyond Rock Island’s control, including without limitation a failure of or defect in any Equipment, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or degradation of voice quality. Disclaimer of Liability for Damages In no event shall Rock Island, its officers, directors, employees or agents or any other service provider who furnishes services or Equipment 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 personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including inability to be able to dial 911 or obtain access to emergency service personnel through the service, or delays in the delivery of emergency services accessed through the 911 dialing service, or to obtain emergency help. Rock Island further disclaims any and all liability arising out of any resale, reuse, or reburbishment of any Equipment provided to you without Rock Island’s prior written authorization. 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. These limitations apply whether or not Rock Island was informed of the likelihood of any particular type of damages. Disclaimer of 911 Liability.

 

Rock Island disclaims all responsibility for the conduct of local emergency response centers and emergency responders. We do not have any control over any local emergency response center or emergency responders. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 calls to local emergency response centers. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result or results in the delay of the delivery of emergency services. Neither Rock Island nor its officers or employees may be held liable for any claim, damage, or loss, fine penalty, cost, and expense (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 calling, or your telephone equipment. Limit on Total Liability Rock Island’s total liability for (i) any failure or mistake; (ii) any claim with respect to Rock Island’s performance or nonperformance hereunder or (iii) any Rock Island act or omission in connection with the subject matter hereof shall in no event exceed the Service charges with respect to the affected time period. Indemnification and Waiver of Claims Customer agrees to defend, indemnify, and hold harmless Rock Island, its officers, directors, employees and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, Customer or any third party or user of Rock Island’s Service, relating to this Agreement, the use of our Services, including 911 dialing, or the Equipment. The customer agrees to indemnify and hold harmless Rock Island and its officers, directors, employees and agents from any claim or action arising out of misroutes of 911 calls, including but not limited to customer’s failure to follow correct activation procedures for 911 calling or to provide Rock Island with correct address and other information in connection therewith. You acknowledge and understand that Rock Island’s liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this Agreement. You agree to defend, indemnify, and hold harmless Rock Island, its officers, directors, employees and agents, and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by, or on behalf of, customer or any third party or user of the Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of the Service to be able to dial 911 or to access emergency service personnel. You waive all claims or causes of action arising from or relating to Rock Island’s 911 dialing service unless the claims or causes of action arise from Rock Island’s gross negligence, recklessness, or willful misconduct.

 

You acknowledge and agree that you are liable for all liability that may arise from your failure to provide true, accurate, current and complete account information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof. You also agree to indemnify and hold harmless Rock Island and its officers, directors, employees and agents from any claim or action arising out of any untrue, inaccurate, not current, or incomplete account information provided by you to Rock Island. 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. Benefit of Bargain This Agreement is the basis of the pricing to customer and is an integral part of the bargain between the parties. This Section shall survive termination of this Agreement. Content You are liable for any and all liability that may arise out of the content transmitted by or to you or users using the Service. You shall assure that yours and others use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Rock Island reserves the right to terminate or suspend affected Service, and/or remove your or users’ content from the Service, if Rock Island determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Rock Island’s ability to provide Service to you or others or receives notice from anyone that your or users’ use or content may violate any laws or regulations. Rock Island’s actions or inaction under this Section shall not constitute review or approval of your or users’ use or content. You will indemnify and hold Rock Island and its officers, directors, employees and agents harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “user” means any person, whether authorized or unauthorized, using the Service and/or Equipment provided to you. OTHER TERMS Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to the conflicts of law principles thereof. The Parties will endeavor to settle amicably by mutual discussions any disputes, differences, or claims related to this Agreement. Failing such amicable settlement, any controversy, claim, or dispute arising under or relating to this Agreement may be brought in a Washington State court of competent jurisdiction located in San Juan County, Washington, or, absent state court jurisdiction, in the United States District Court, Western District of Washington, located in Seattle, Washington (the “Courts”). The Parties hereby consent to submit to the personal jurisdiction of those Courts for any such litigation , waive any objection to the laying of venue of any such litigation in the Courts, and agree not to plead or claim in any Court that such litigation has been brought in an inconvenient forum. Entire Agreement This Agreement as modified by Rock Island on its web site constitutes the entire agreement between you and Rock Island and governs your use of the Service, superseding any prior agreements between you and Rock Island 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 Rock Island unless and until posted on Rock Island’s website. 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 Rock Island Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Rock Island is not liable for any lack of privacy which may be experienced with regard to the Service. Acceptable Use Use of the Service is subject to Rock Island’s Acceptable Use policies posted at http://www.rockisland.com.