Hevanet Communications

O r e g o n ' s I n t e r n e t S e r v i c e P r o v i d e r

Hevanet Digital (VoIP) Phone Service

Please fill out all areas of the form and double check your options.

I want a new number:
I want to keep my existing number: [$20 porting fee]
My current Phone number:
Calling Plan:
Contact Phone number:
Name:
Address:
City
State:
Zip:
Email address:
My Computer:
Credit Card [no spaces or dashes]
Expiration Date MM/YY:
CCV: [what's this?]
Card Type:
Terms and Conditions	Your credit or debit card will be billed monthly for all charges. Charges will appear separately from other Hevanet charges. Total monthly charge will be $38.34, which includes all taxes and fees. There is a one time charge of $25.00 to cover activation and equipment. Your first charge will be $63.44 and then $38.34 monthly.
Terms and Conditions for Use This agreement ("Agreement" or "Terms and Conditions") is between Craig Swift dba Hevanet Communications ("Hevanet") and an end user ("End User", "you" "Customer") of the Hevanet IP Voice Service. Any IP Voice Services ("Services"), associated devices ("Devices") such as IP Telephones, Other Customer Premises Equipment ("CPE") or IP Voice software provided by Hevanet to End User and used in connection with the Service shall be governed by the terms and conditions herein. By accepting these terms or activating the service, the End User acknowledges that they have read and understood these, are of Legal age to enter this agreement and agree to be bound by these Terms and Conditions. 1. SERVICE 1.1 Term Service is offered on a monthly basis for a term beginning on the date that Customer subscribes to Services and ending on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis unless you provide Hevanet with written e-mail notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's Service charges to the end of the then-current term, including without limitation unbilled charges, plus any disconnect fee if applicable under the terms of this Agreement. Such charges and fees will immediately become due, payable, and chargeable to your credit card. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. 1.2 Service Activation You must enter the End Users' Registered Location on the appropriate documentation and / or the appropriate webpage as instructed by Hevanet and formally accept the 911 and E911 limitations of the Service as required, prior to activation of the Service. Upon receipt of such agreement and confirmation, Hevanet will provide an e-mail to Customer confirming their Registered Location and that the Service including 911 Dialing feature has been activated for that phone line. 1.3 Equipment Requirements The Service requires either standard session initiation protocol ("SIP") based customer premises equipment ("CPE"), or IP Voice software which is supplied by Hevanet. Use of the Service without such equipment as provided is strictly prohibited and Hevanet may terminate the Service at its sole discretion and without notice if any unauthorized equipment is used to access the Service. 1.4 Residential Use of Service Hevanet?s Residential Service is provided for your own personal, residential, non-business and non-professional use. You agree that you will not resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior written permission from Hevanet. It is prohibited to use the service for any auto-dialing, continuous or extensive call forwarding, telemarketing, fax and voicemail blasting activities. 1.5 Use of Service The End User agrees to use the Service only for lawful purposes. End User agrees not to use the Service for any unlawful, fraudulent, improper, malicious or abusive purpose. If Hevanet believes that the Service has been used for an unlawful, fraudulent improper, malicious or abusive purpose, Hevanet may forward details of the relevant communications and other information, including your identity, to the appropriate authorities for investigation and prosecution. Hevanet will also provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to any third party. 1.6 Use of Service and Device by Customers Outside the United States Hevanet allows use of the Service to make calls both within and outside the United States. Hevanet does not offer or support any use of the Service or any device outside the United States. Any usage outside the United States will be at the risk of the End User who will be solely responsible for ensuring that such activity does not violate any laws or regulations of that country, and/or violates the export laws of the United States and/or the import laws of that other country. 1.7 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software The Service and any Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in any Device, and all Services, information, documents and materials on Hevanet's website(s), are protected by applicable trademark, copyright and/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 Hevanet's are and shall remain the exclusive property of Hevanet (or Hevanet's third party licensors, as applicable) and nothing in this Agreement shall grant you the right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in any 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, and that any Device is exclusively for use in connection with the Service. You expressly agree that any Device is exclusively for use in connection with the Service and that Hevanet will not provide any passwords, codes or other information or assistance that would permit or enable you to use any Device for any other purposes. 1.8 Tampering with the Device and / or Service The End User agrees not to copy, modify or create derivative works based on the software or documentation; change the electronic serial number, MAC ("Machine Addressable Code") or equipment identifier of any Device, or to perform a factory reset of any Device, without express written permission from Hevanet in each instance which Hevanet may grant or deny in its sole discretion. The End User agrees not to decompile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of any firmware or software provided in connection with the Service or any Device. The End user agrees not to defeat, disable or circumvent any protection measure related to the Device, software or documentation. The End User agrees not to sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of any Device, Software or Documentation supplied, or, in particular, without limiting the generality of the foregoing, distribute the Software over networks, electronic bulletin boards, or websites, or allow any party to use the Software, The End User agrees not to publish, disseminate or otherwise communicate any review of or information about Device or Software performance to any third party without the prior written consent of Hevanet; The End User agrees not to Export, use or download any Software supplied in violation of any laws or regulations; The End User agrees not to disrupt or hack the Service or to make or attempt to make any use of the Service that is inconsistent with its intended purpose. Any such breach of this clause will result in the End User becoming liable to the Hevanet for any claims, losses, damages, lost profit, lost revenue, fines, penalties, costs and expenses which arise from such prohibited activities. 1.9 Prohibited Use of Service Hevanet reserves the right to immediately terminate Service at its sole discretion without prior notice, should the End User breach any of the terms and conditions of Section 1.3), 1.4), 1.5), 1.6), 1.8); or use the Service or any Device for any other purpose which is prohibited within this Agreement. Where a Service is terminated due to a breach of Section 1.3), 1.4), 1.5), 1.6), 1.8); or any other purpose which is prohibited within this Agreement, no refund of any outstanding credit in respect of any unused period of the full months service charge will be made. The End User will also be liable to Hevanet for all payment without limitation of all outstanding and/or unbilled charges due in relation to this Agreement; including any disconnection fee which will immediately become payable and chargeable to your credit card. 1.10 Theft of Service or Device The End User agrees to notify Hevanet immediately, in writing or by calling Hevanet's customer support line, if any 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. The End User is responsible for all usage and charges incurred on your account, whether or not these are expressly used or authorized by you. End User 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. 1.11 Loss of Service Due to Power Failure or Internet Service/Broadband Outage You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure Devices and other CPE equipment prior to using the Service. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which may not be provided by Hevanet) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or Hevanet terminate the Service in accordance with this Agreement. 1.12 Service Distinctions You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the IP Voice Service provided by Hevanet and some but not all of these distinctions (including 911 calls to Emergency Services as detailed in Section 2) are described in this Agreement. The Service may be subject to different regulatory treatment than telephone service, which may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums. 1.13 Incompatibility with other Equipment. The Service may not be compatible with home security systems and End User may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. In such instances, End User is solely responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service. Hevanet expressly disclaims any responsibility for any lack of compatibility of the Service with any home security system or similar systems. The Service may not be compatible with some broadband services and some broadband providers may provide modems that prevent the transmission of communications using the Service. Hevanet does not warrant that the Services will be compatible with any particular broadband services and expressly disclaims any express or implied warranties regarding the compatibility of the Service with any particular broadband service. 1.14 Telephone Numbers Provided Any telephone number(s) provided by Hevanet to the End User as part of the Service will be leased and not sold. The End User must not use the any such telephone number with any other device other than the Device(s) without the express written permission of Hevanet. Hevanet will not transfer or release any telephone numbers that it has assigned to End User for use in conjunction with your Service upon termination. Hevanet reserves the right to change or cancel any telephone number assigned at its sole discretion. 1.15 Number Transfer on Service Termination Upon termination of Service, Hevanet may, solely at Hevanet's discretion, release any telephone number that was ported (transferred or moved across) into Hevanet by End User and is used in connection with your Service; to your new service provider, provided : a) Your Hevanet account has been terminated and payment of all charges has been made, including any disconnect fees which are payable; and b) Your new service provider is able to accept such number, and c) End User requests the transfer upon terminating the Service. 1.16 No 900 Calls The Service does not permit calls to 900 numbers, pay-per-call services or any other premium rate numbers. 1.17 No Operator Service The Service does not support calls to operator services, or operator assisted calling, (including, without limitation, collect calls, third party billing calls or calling card calls). 1.18 Directory Assistance The service does not support calls to directory assistance numbers, 1.19 No Directory Listing Phone numbers provided by Hevanet to the End User will not be listed in any telephone directories. Where a phone number has been ported into Hevanet from another supplier at the End User's request, Hevanet accepts no liability for the accuracy or omission of any directory entry. 1.20 Calls from a Payphone Any calls made from a payphone to a Customer's toll-free number which has been provided by Hevanet, will incur an additional charge of $0.75 per call. 2. EMERGENCY SERVICES - 911 AND E911 DIALING LIMITATIONS 2.1 Use of 911 and E911 Services The End User acknowledges and understands that Hevanet's 911 and E911 Service does not support traditional 911 or E911 access to the Emergency Services in all locations and that there are a number of important differences from traditional 911 and E911 services. Hevanet offers a variation of 911 and E911 access, which is available only by using the Device provided by Hevanet as part of the Service. Hevanet?s 911 dialing feature is not automatic and End User must take additional affirmative steps as described in Section 2.3) of this Agreement to register the location where the Device will be located and Service used, in order to activate the 911 dialing features. End User must separately register the location for each Hevanet phone number provided to them. 2.2 Awareness of visitors to Household The End User shall inform any household residents, guests and other third persons who may be present at the physical location where the Service is used of the non-availability of traditional 911 or E911 access from the Hevanet service together with the important differences and limitations of the 911 and E911service offered in comparison to traditional 911 or E911 dialing. Hevanet will provide End User with a sticker advising of the potential non-availability of dialing 911 or E911 from that Device which the End User must attach to each Device used to provide the Service. The End User must ensure that this sticker is maintained and not removed from the Device. If the End User requires additional stickers, they should contact Hevanet?s' customer care department. 2.3 Registration of Physical Location Required Each user of the Hevanet?s Service, must register the physical location of where each device will be located and Service will be used, prior to activation of the Service. Only one physical location may be registered for each phone line used with the Service. Should the End User change, add or port a new phone number for association with any Device, End User will be required to formally confirm the Registered Location for each device in accordance with Section 2.4) below, prior to activation of the Service. Where the End User moves any Device to another location, the End User must immediately notify Hevanet and register the new location and effective date. Any change of Registered Location will not be valid until a confirmation e-mail has been sent to the End User. The End User can notify Hevanet of a change of Registered Location by updating details on their personal webpage or by calling our Customer Care Department. Any failure to register a new location will result in any 911 calls made from device continuing to be sent to the emergency center near the address currently registered for that Device. 2.4 Confirmation of Registered Location We will send an e-mail to you immediately following your subscription to the Service requesting that you enter details of your Registered Location for 911 / E911 purposes to an appropriate webpage. This webpage will also detail some important differences between Hevanet?s 911 and E911 services in comparison to traditional 911 and E911 services. End User must enter details of their Registered Address and formally acknowledge that they accept and understand the limitations of Hevanet?s 911 and E911 service. Hevanet?s Service will not be activated for any phone line that you are using with the Service, unless Hevanet receives details of the End Users Registered Address and formal acceptance of the 911 and E911 limitations. Upon such receipt and acceptance, Hevanet will provide an e-mail to Customer confirming that the Service including 911 dialing features has been activated for that phone line. 2.5 911 / E911 Service Delivery Once the End User has confirmed their Registered Address, Hevanet will pass this information onto a third party who will use the address of your registered location to determine the nearest emergency response center. Any 911 calls will then be forwarded to a general number at the appropriate Emergency center. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location. 2.6 E911 / 911 Service Limitations Hevanet offers an E911 Service in many locations which provides the Emergency Response Center with your Registered Location and phone number. In some cases however, the Center may not be able to receive this information or have this available at the time of call and will request this from the caller. In these circumstances the Operator answering the 911 call will not be able to automatically identify your location or call you back should the call be disconnected for any reason. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may also not be manned by live operators 24 hours a day. Where this is the case, your call will be sent to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help 2.7 Power Failures or Disruptions Service including 911 dialing will not operate in the event of any power failure or disruption and will not function until power is restored. Following a power failure or disruption, the End User may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. 2.8 Internet or Broadband Outages, Suspension or Termination of Broadband or ISP Service Any Service outages, suspensions or terminations of service by your broadband provider or ISP will prevent Service, including 911 dialing, from functioning. 2.9 Hevanet Service Outages Any Service outages, suspensions or termination of your IP Voice account provided by Hevanet will prevent all Service, including 911 dialing, from functioning. 2.10 Other Service Outages If there is a Service outage for any reason in connection with any network used to deliver 911 and E911 calls to the Emergency Response Center, such outage will prevent all Service, including 911 dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement. 2.11 Network Delays There may be an increased possibility that your 911 call may be delayed in its delivery to the Emergency Response Center, in comparison to 911 calls dialed using traditional public telephone networks. 2.12 Disclaimer of Liability and Indemnification regarding 911 access You acknowledge and understand that Hevanet will not be liable for any service outages, failure to deliver 911 calls, incorrectly forwarding 911 calls, any inability to dial 911 or failure to access applicable emergency services using your Service. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. Neither Hevanet nor its officers or employees or agents may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Hevanet, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses, by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service regarding 911 dialing. 2.13 Alternate 911 Arrangements You acknowledge that Hevanet does not provide traditional telephone services. If you are not comfortable with the limitations of the 911 dialing service, then we strongly recommend that you have an alternate means of accessing traditional 911 or E911 services. 3. BILLING, CHARGES PAYMENTS AND DISPUTES, 3.1 Billing The End User must provide a valid e-mail address and a valid credit or debit card number when ordering the Service. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Hevanet at once by calling Customer Services or changing your credit card information in your account portal. Hevanet will bill all charges monthly in advance to your credit card, including but not limited to activation fees, monthly Service fees, surcharges, applicable taxes and regulatory costs, termination fees, advanced feature charges, equipment purchases (including any initial Devices or CPE) and shipping and handling charges. Any charges in respect of International calls or other usage based items will be billed to the customer monthly in arrears; however Hevanet reserves the right to bill these items at more frequent intervals if the amount due at any time exceeds US$50.00. A statement detailing all charges will be e-mailed to the End User on a monthly basis; or at more frequent intervals should it be necessary to bill international calls charges or other usage based items on a more regular basis. Hevanet may make retrospective billing adjustments for any Service for a period of up to one hundred eighty (180) calendar days after the date a Service is rendered in respect of any unbilled costs or for an unlimited period if charges imposed by law. Any usage charges including international calls will be billed in 6 (six) second increments with a 6 (six) second minimum duration minute except as otherwise set forth in the rate schedules found on our website. 3.2 Regulatory Recovery Fees A Regulatory Recovery Fee of $1.50 will be charged to the Customer each month for each telephone number which has been assigned to a customer (including Virtual Numbers and Toll Free numbers). This fee is not a tax or charge required or assessed by any government, however offsets costs incurred by Hevanet in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments. 3.3 Taxes The Customer is responsible for all applicable federal, state, municipal, local municipal 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 Devices and will be billed to your credit card. If you are exempt from payment of such taxes, you must provide Hevanet with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Hevanet receives such certificate. 3.4 Payment Hevanet accepts payments by either credit or debit card. Your subscription to the Service authorizes Hevanet to charge all amounts due to them as stated in the Agreement on the credit or debit card account number on file with Hevanet, or on any other credit or debit card provided by Customer if the original card expires or is replaced. Your authorization will remain valid until 30 days after Hevanet receives written notice from you terminating Hevanet?s authority to charge your credit or debit card. Failure to advise an alternative valid credit or debit card at that time will automatically result in Hevanet terminating your service and charging your credit or debit card for any outstanding charges, plus a termination fee if applicable. Hevanet reserves the right to terminate your Service at any time at its sole discretion; if any charge to your credit or debit card on file with Hevanet is declined or reversed, if your credit card expires and you have not provided Hevanet with a new valid and approved credit card, or in case of any other non-payment of account charges. In the event of Termination of Service for a declined or expired credit card, reversed charges or non-payment; the End User will remain fully liable to Hevanet for all charges accrued before termination and for costs incurred by Hevanet to collect all monies owed by Customer, such as (but not limited to) collection costs and attorneys' fees. 3.5 Billing Disputes You must notify Hevanet in writing within seven (7) days of Hevanet?s invoice date if you dispute any Hevanet charges on that statement. The End User will be deemed to have waived the right to dispute any charges, should written notification not be received within this period. Notification of all billing disputes shall be sent to the following address: Customer Care Billing Department dps-support@hevanet.com 4. CHANGES TO THIS AGREEMENT Hevanet may change the terms and conditions of this Agreement, including prices from time to time. All such changes will be notified on Hevanet website at www.Hevanet.net and will supersede all previously agreed to electronic and written Terms and Conditions. Any changes to this Agreement will be considered given and effective on the date they are posted on Hevanet website; and no further notice need be given by Hevanet upon Customers continued subscription to, use of, or payment for the Service. Hevanet may at their sole discretion provide additional notification of changes to the Terms and Conditions and a later effective date for these to the Customer by various other methods including (but without limitation to) email at the address provided by you, postcard, letter, recorded announcement, message on your bill, an insert in your bill, newspaper advertisement, or a call to your billed telephone number. 5 TERMINATION AND DISCONTINUANCE OF SERVICE Hevanet reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time at our sole discretion. If Hevanet discontinues the Service generally, or terminates or suspends your Service at its discretion without a stated reason, End User will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated or suspended for any stated reason, including without limitation violation of any terms of this Agreement, or because of any improper use of the Service, you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a termination fee if applicable, all of which immediately become due, payable and chargeable to your credit or debit card. 5.1 Disconnect Fee Should the Customer terminate Service for any reason during the first 12 months following activation of the Service, Customer will be charged a termination fee of US$49.95 per line. This termination fee becomes due and payable immediately upon termination and will be billed directly to Customer's credit or debit card. 5.2 Return of Device A Device may be returned to Hevanet within 14 days of the termination of Service to receive a credit for the $49.95 disconnect fee, provided that the Customer first returns the Device and all of its parts, accessories, documentation, packaging, and packaging materials in an undamaged and original condition. Customer is solely responsible for all costs of shipping the device back to Hevanet. Hevanet will not credit Customer if the Device is damaged or not in its original condition as received by the Customer or if Customer does not fully comply with this Section. 6. DEVICES 6.1 Initial Receipt If Customer initially receives packaging and/or a Device that is visibly damaged, Customer must retain the Device and individual packaging; note the damage on the carrier's freight bill or receipt, keep a copy, and immediately notify Hevanet immediately by calling Hevanet?s customer care department or by e-mail at dps-support@Hevanet.net. 6.2 Ownership of Device The Customer owns the Device and bears all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is received by Hevanet in accordance with Section 5.2) of this Agreement. 6.3 Warranties Where a Device has been provided by Hevanet to the Customer which includes a separate limited warranty document with the accompanying materials; Customer must refer to this document 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 and Hevanet makes no separate warranties either express or implied regarding the Device provided. If at the time of receipt, your Device did not include a separate limited warranty document with the materials accompanying the device, you are accepting the Device "as is". You are not entitled to replacement, repair or refund in the event of any defect. 7. 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 Services. You shall assure that your or 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. Hevanet reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Hevanet determines at its sole discretion that such use or content does not conform with the requirements set forth in this Agreement or interferes with Hevanet's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or content may violate any applicable laws or regulations. Hevanet'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 harmless Hevanet against any and all liability arising from the content transmitted by or to you or by or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you. 8 INDEMNIFICATION The term "Hevanet" as used in this section shall mean Hevanet INC and its affiliates, employees, directors, officers, servants, agents and any other service provider that furnishes Services or Devices to you in connection with this Agreement, or the Service or any Device. End User is liable for any and all use of the Service and / or any Device and for any other person making use of the Service and / or any Device. End User agrees to defend, indemnify and hold harmless Hevanet against all and any claims, losses, liability for damages, death, personal injury, losses, lost profit, lost revenue, property damage, fines, penalties, costs and expenses arising from the use of, or inability to use the Service or Device; any absence, failure, interruption, degradation, loss of power or Internet service, outage or delay of the Service or any Device; or inability to dial 911 to access emergency service personnel or other security, fire protection and prevention and law enforcement services; at any time by the End User, or other third party. The provisions of this section shall survive termination of this Agreement. 9 WARRANTY AND LIABILITY The term "Hevanet" as used throughout this section shall mean Hevanet and its affiliates, employees, directors, officers, servants, agents and any other service provider that furnishes Services or any Devices to you in connection with this Agreement, or the Service or any Device. 9.1 No Warranties on Service. Hevanet makes no express or implied warranties regarding the Service or any Device, including, but not limited to any implied warranties of merchantability and / or fitness for a particular purpose. Hevanet does not warrant that the Service or any Device will meet the Customer's requirements, or that the Service or any Device will perform or function without failure, delay, interruption, error, degradation of voice quality, or loss of content, data or information. Hevanet does not authorize anyone to make any warranties of any kind on its behalf. Any statements given by Hevanet concerning the Service or any Device are strictly for informational purposes and are not given as a warranty of any kind. Hevanet makes no express or implied warranty that any software supplied will be free from any virus or other code that is destructive or contaminating in nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for protection from such viruses or other code. 9.2 Limitation of Liability Hevanet shall at no time 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 that is caused by any of the following: an act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; compliance with applicable law or regulations, equipment, network or facility shortage; equipment or facility relocation; service, equipment, network or facility failure caused by the loss of power to you; any outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party; any act or omission by you or any person using the Service or any Device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication or the inability of communications (including, without limitation, 911 dialing) to be connected or completed, or forwarded. Any claim against Hevanet must be made within 30 days of the event of the claim, or 90 days from the termination of Service; whichever is earlier and Hevanet has no liability thereafter. Hevanet's aggregate liability under this Agreement will in no event exceed the Service charges with respect to the affected time period. 9.3. Disclaimer of Liability for Damages Hevanet disclaims, to the maximum extent permitted by law, any and all liability for damages relating to or arising out of the use of, or inability to use, the Service or any Device (regardless of whether such damage has occurred as a result of Hevanet's negligence, or as a result of any statements or descriptions made by Hevanet concerning the Service or any Device), including, without limitation, all damages relating to or arising from: personal injury; wrongful death; property damage; loss of data; loss of revenue or profits; absence, failure, interruption, degradation, loss of power or Internet service; any outage or delay of the Service or any Device, or inability to dial 911 to access any emergency service personnel or other security, fire protection and prevention and / or law enforcement services. In no event shall Hevanet be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages of any kind whatsoever, even if Hevanet has been advised of the possibility of such damages. Without limiting the foregoing, Hevanet shall not be liable for any unauthorized access to or use of either Hevanet's and / or End User's Networks or CPE, or for the unauthorized access to, or any alteration, theft, changes or destruction of Customer's data files, programs, procedures or information through either accidental, fraudulent means or devices, or any other methods (including viruses). The limitations set forth herein apply to any and all claims whether founded in breach of contract, breach of warranty, product liability, tort or any other theories of liability and apply whether or not Hevanet was informed of the likelihood of any particular type of damages. Customer agrees to reimburse Hevanet for all costs and expenses related to the defense of any claims against Hevanet in connection with this Agreement, including any attorney fees and litigation costs. The provisions of this Section shall be applied to the fullest extent of the law; however if any part of this section is deemed to be unlawful, then the Section shall be construed to limit Hevanet?s liability to the fullest possible extent. This section of the Agreement shall survive termination of the Agreement. 10. RESOLUTION OF DISPUTES BY BINDING ARBITRATION PLEASE READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT. THE END USER WILL CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. 10.1 Mandatory Binding Arbitration All disputes arising out of or related to this Agreement, or in relation to the Service and/or any Device (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be resolved by final and binding arbitration. The arbitration will be conducted by a single arbitrator and conducted in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration rules. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms, including awarding damages that are barred by this agreement. The arbitrator may not award relief in excess of what is provided within this Agreement, or award punitive or exemplary damages. All claims must be subject to individual arbitration and no dispute may be joined with another lawsuit or on class wide basis. Judgement on any Arbitration award may be entered in any court having jurisdiction thereof. Any claim or course of action arising or related to the Service and / or any Device, must be filed for arbitration within one (1) Year after the action or claim arose, or be forever barred. 10.2 Arbitration Information and Procedure Prior to taking a dispute to arbitration, you must first write to us at Hevanet Address providing us with an opportunity to resolve the dispute. Prior to Hevanet taking a dispute to arbitration, Hevanet must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date the dispute was notified to the other party, then either party may contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, TX 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available on the Internet at www.adr.org, or by contacting us at dps-support@hevanet.com. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Delaware. Arbitrations under this Agreement shall be confidential as permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations. 11. GOVERNING LAW This Agreement and the relationship between Hevanet and End User shall be governed by the laws of the state of Delaware 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 10, you shall submit to the personal and exclusive jurisdiction of the courts located within the state of Delaware and waive any objection as to venue or inconvenient forum. 12. ENTIRE AGREEMENT This Agreement and any modifications to it pursuant to Section 4, and the rates for Services found on Hevanet?s website, constitute the entire agreement between you and Hevanet and govern your use of the Service. This Agreement supersedes any prior agreements between you and Hevanet and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. 13. SEVERABILITY If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability of any section of this Agreement will not invalidate or render unenforceable any other portion of this Agreement. 14. WAIVER OF RIGHTS Any failure of Hevanet to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. 15. PRIVACY Hevanet's Service utilizes, in whole or in part, the public Internet and third party networks to provide voice communications services. The End User therefore acknowledges and understands that Hevanet cannot fully guarantee the security of such services and that Hevanet is not liable for any lack of privacy which they may experience with regard to the Service. The End User agrees that Hevanet can access all features of your account and the Services to determine whether the Services are being used fraudulently and/or in violation of this Agreement, and for any other purposes. Hevanet will not sell, rent or lease End Users personal identification information to third parties, unless with the prior permission of the End User or as required by law or subpoena. Please refer to our Privacy Policy at www.Hevanet.net for further information 14. ASSIGNMENT Hevanet 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. 15. NO THIRD PARTY RIGHTS 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. 16. 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. Last Updated: 1st July 2008
I have read and agree to the terms and conditions
Order Action: