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This agreement
("Agreement") is between 8x8, Inc. ("8x8") and an end user
("End User") of the Packet8 IP Voice and Video Communications Service
(""Packet8"). Any Packet8 services or products ("Services")
provided by 8x8 to End User shall be governed by the terms and conditions
herein. By activating the Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY. They affect the legal rights between End User and 8x8 by, among
other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an
EARLY DISCONNECTION FEE; and (3) LIMITING 8x8's LIABILITY UNDER THE AGREEMENT. End User acknowledges that they are of
legal age to enter into this Agreement.
1. TERMS AND CONDITIONS. The
terms and conditions stated herein are in lieu of and replace any and all terms
and conditions set forth in any documents issued by End User, including,
without limitation, purchase orders and specifications. ANY ADDITIONAL,
DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY
END USER AT ANY TIME ARE HEREBY OBJECTED TO BY 8X8, AND ANY SUCH DOCUMENTS
SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND
SHALL NOT BE BINDING IN ANY WAY ON 8X8. No waiver or amendment to this contract
or these terms and conditions shall be binding on 8x8 unless made in writing
expressly stating that it is such a waiver or amendment and signed by an
Officer of 8x8.
2. TERM. The term of
this Agreement ("Term") begins on the date that End User purchases
Services and continues for the duration of the service period as defined by the
service plan that is selected by End User ("Plan"). Subsequent terms
of this Agreement automatically renew on a monthly basis without further action
by End User unless End User gives 8x8 written notice of non-renewal at least
thirty (30) days before the end of the monthly term in which the notice is
given. End User is purchasing the Service for full monthly terms, meaning that
if End User attempts to terminate Service prior to the end of a monthly term,
End User will be responsible for the full month's charges to the end of the
then-current term, including, without limitation, unbilled charges plus any
applicable disconnect fee, all of which immediately become due and payable.
Expiration of the term or termination of the Services does not excuse the End
User from paying all unpaid, accrued charges due in relation to the Agreement
hereunder. If End User chooses to cancel the service before the end of the current
Term, Disconnection Fees may apply as set forth below.
3. 911 & SERVICE
LIMITATIONS. The Federal Communications Commission (FCC) requires that 8x8
provide E911 Service to all End Users who use 8x8 services within the United States.
Sections 3.1-3.7 apply to all End Users who use 8x8 services within the United States.
Section 3.8 applies to all End Users.
3.1. 911 ACKNOWLEDGEMENT AND WARNING LABELS. END
USER ACKNOWLEDGES THAT 8X8'S EQUIPMENT AND SERVICES DO NOT SUPPORT 911
EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL
WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION 3 AND
END USER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE
CALLS USING END USER'S SERVICES, OF THE 911 LIMITATIONS DESCRIBED HEREIN. 8X8
WILL PROVIDE END USER WITH WARNING LABELS REGARDING THE LIMITATIONS OR
UNAVAILABILITY OF 911 EMERGENCY DIALING. END USER AGREES TO PLACE A LABEL ON
AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE
SERVICES MAY BE UTILIZED. IF ADDITIONAL LABELS ARE REQUIRED, END USER MAY
REQUEST THEM FROM 8X8. 8X8 WILL PROVIDE END USER WITH ADVISORY NOTICES
REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM END
USER. END USER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT 8X8
HAS ADVISED END USER OF THE CIRCUMSTANCES UNDER WHICH PACKET8 E911 SERVICE MAY
NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY
DIALING. 8X8 ADVISES END USER TO MAINTAIN AN ALTERNATIVE MEANS OF
ACCESSING TRADITIONAL 911 SERVICES.
3.2. ELECTRICAL POWER. END USER
ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL
POWER.
3.3. INTERNET ACCESS. END USER
ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF
END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
3.4. NON-VOICE SYSTEMS. END USER
ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING
SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY
EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS. END USER HAS NO
CLAIM AGAINST 8X8 FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE
SERVICES.
3.5.
PACKET8 E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND FAX AND VOICE
SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, TOLL-FREE
NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. E911 SERVICE IS
ONLY AVAILABLE IN SELECTED AREAS. END USERS WHO SUBSCRIBE TO PACKET8 E911
SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT
(DTA OR VIDEOPHONE) WITH 8X8, EITHER ON THE PACKET8.NET WEBSITE OR BY CALLING
CUSTOMER SERVICE, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL
LOCATION OF SERVICE CHANGES. END USER ACKNOWLEDGES THAT 8X8’S ONLY
MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE
PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. END USER
ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO
AN EMERGENCY OPERATOR BY 8X8 WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED
TO PACKET8 BY END USER. IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT
BEEN UPDATED OR IS NOT COMPLETE, 8X8 MAY ATTEMPT TO ROUTE A 911 CALL BASED UPON
THE BILL-TO OR SHIP-TO ADDRESSES ASSOCIATED WITH THE END USER’S ACCOUNT OR
INITIAL ORDER.
3.6.
END USERS WHO ARE REQUIRED TO SUBSCRIBE TO PACKET8 E911 SERVICE WILL BE SUBJECT
TO A MONTHLY E911 SERVICE CHARGE. THE MONTHLY E911 SERVICE FEE SHALL BE IN
ADDITION TO THE APPLICABLE RESIDENTIAL OR BUSINESS PLAN CHARGES FOR THE
ASSOCIATED LINE. THE MONTHLY CHARGE FOR PACKET8 E911 SERVICE IS ASSESSED ON A
"PER-LINE" (THAT IS, PER PHONE NUMBER BASIS), AND WILL BE SET AT A
LEVEL THAT REIMBURSES 8X8 FOR THE DIRECT COSTS IT INCURS IN PROVIDING PACKET8
E911 SERVICE, INCLUDING EXPENSES 8X8 INCURS, EITHER DIRECTLY OR INDIRECTLY, IN
THE FORM OF STATE, COUNTY OR MUNICIPAL E911 SURCHARGES, E911 AUTOMATIC LOCATION
INFORMATION (ALI) DATABASE STORAGE, LINE INFORMATION DATABASE AND CALLER ID
(LIDB/CNAM) EXPENSES, AND ANY OTHER TAXES OR SURCHARGES DIRECTLY OR INDIRECTLY
ASSOCIATED WITH THE PROVISION OF SERVICES TO END USERS SUBSCRIBING TO THIS
SERVICE. 8X8 RESERVES THE RIGHT TO ADJUST THE LEVEL OF CHARGES ASSOCIATED WITH
THE PROVISION OF E911 SERVICES TO REFLECT INCREASES OR DECREASES IN THE COSTS
IT INCURS. (SEE SECTION 11 REGARDING CHANGES TO THE AGREEMENT, SERVICES OR
PLAN).
3.7. END
USER ALSO ACKNOWLEDGES THAT PACKET8 E911 SERVICE HAS CERTAIN CHARACTERISTICS
THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE.
THESE CHARACTERISTICS MAY MAKE PACKET8 E911 SERVICES UNSUITABLE FOR SOME END
USERS. BECAUSE END USER CIRCUMSTANCES VARY WIDELY, END USERS SHOULD CAREFULLY
EVALUATE THEIR OWN CIRCUMSTANCES WHEN DECIDING WHETHER TO RELY SOLELY UPON PACKET8
E911 SERVICE. END USER ACKNOWLEDGES THAT IT IS END USER'S RESPONSIBILITY TO
DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET END
USER'S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS
TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE
PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS). THE
FOLLOWING CHARACTERISTICS DISTINGUISH PACKET8 E911 SERVICE FROM TRADITIONAL,
LEGACY, CIRCUIT-SWITCHED 911 SERVICE:
** PACKET8 E911 SERVICE WILL NOT FUNCTION IF END USER'S
DTA, PHONE OR VIDEOPHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF END USER'S
PACKET8 SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED
TO, ELECTRICAL POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR
DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A
POWER OUTAGE, END USER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT
BEFORE BEING ABLE TO USE THE PACKET8 SERVICE, INCLUDING FOR E911 PURPOSES.
** AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND
FOLLOWING ANY CHANGE OF AND UPDATE TO END USER’S PHYSICAL LOCATION, THERE MAY
BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO
THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED
INTO OUR NOMADIC E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE
CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE
ACTIVATED WITHIN THIS SCHEDULE.
** THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING PACKET8
E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES
OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION.
THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION
OF THE PERSON WHO IS MAKING THE PACKET8 E911 CALL. DUE TO TECHNICAL FACTORS IN
NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE PACKET8 NETWORK,
THERE IS A POSSIBILITY THAT A PACKET8 911 CALL WILL PRODUCE A BUSY SIGNAL OR
WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER
THAN 911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE
NETWORKS.
** IF END USER DOES NOT CORRECTLY IDENTIFY THE ACTUAL
LOCATION WHERE THE PACKET8 EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION
OF THE SERVICE, PACKET8 E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT
LOCAL EMERGENCY OPERATOR.
3.8. END USER ACKNOWLEDGES
AND UNDERSTANDS THAT 8X8 WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR
INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING PACKET8 OR
TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS
AND LIMITATIONS SET FORTH IN THIS AGREEMENT. END USER AGREES TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS 8X8, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO
END USER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES,
DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, END USER OR ANY THIRD PARTY OR
USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING
THOSE RELATED TO 911 DIALING.
4. EQUIPMENT. To
provide the Services, 8X8 may provide Equipment to End User. All Equipment
shipments are F.O.B. 8x8's facility. 8x8's liability for delivery shall cease,
and title (if applicable) and all risk of loss or damage shall pass to End User
upon delivery to carrier. End User will be provided a twelve (12) month manufacturer's
warranty from the date of purchase of Equipment or Services. End User shall be
required to obtain authorization from 8x8 to return any Equipment. 8X8 will
provide replacement Equipment only if the Equipment is deemed to be defective
and covered under the warranty. 8X8 will not cover replacement for lost, stolen
or modified equipment. Equipment returned by End User that is not covered under
warranty may be refused by 8x8, and End User will be responsible to pay return
shipping charges. End Users who purchased through a Retail outlet may return
within the first thirty (30) days to the place of purchase, or such shorter
period as set forth in the Retail outlet’s return policy; after the return
period has lapsed they can contact Packet8 regarding warranty replacement.
5. BILLING, CHARGES AND
PAYMENT.
5.1. PAYMENT. Upon purchase of the
Service, End User must provide 8x8 with a valid credit card number from an
issuer that is accepted by 8x8. End User authorizes 8x8 to charge the credit
card number provided by End User ("Credit Card") for all charges
arising from End User's use of the Services. End User agrees to notify 8x8 of
any change to the credit card information including, but not limited to,
changes in account number, expiration date or billing address. 8x8 shall not be
responsible for any charges made by the Credit Card issuer to End User's Credit
Card account for exceeding credit limit, insufficient funds or other reasons.
5.2. CREDIT TERMS. All Services provided
to End User and covered by the Agreement shall at all times be subject to
credit approval or review by 8x8. End User will provide such credit information
or assurance as is requested by 8x8 at any time. 8x8, in its sole discretion
and judgment, may discontinue credit at any time without notice or require a
deposit.
5.3. BILLING. 8x8 will provide End User
with a monthly on-line billing statement for the Services and bill all charges
invoiced to End User's account to the Credit Card. Such charges shall include
activation fees, monthly service fees, shipping charges, disconnection fees,
equipment charges, toll charges, taxes and any other applicable charges.
Monthly service fees are paid in advance of each month's service; toll charges
and any other applicable charges are billed subsequent to the end of each
month's service. 8x8 reserves the right to charge the Credit Card for
cumulative charges due, if at any time End User's out-of-plan toll minutes for
the current month exceed ten dollars ($10.00). Billing for monthly service fees
commences upon purchase of the Services on the web site, and the first month's
monthly service fee shall be prorated to take into account any partial month
that may occur as the result of the date monthly service fees are initiated.
5.4. LATE/NON-PAYMENT. If any charges for
the Services are due but unpaid for any reason including, but not limited to,
non-payment or declined Credit Card charges, 8x8 may suspend or terminate the
Services and all accrued charges shall be immediately due, plus a late fee of
the lesser of 1.5% per month or the maximum allowed by law accrued from the
date of invoice until payment in full is received by 8x8. If charges cannot be
processed to the Credit Card and the End User’s account is suspended, End User
will be charged a fee of ten dollars ($10.00) to activate the account. No
suspension or termination of the Services or of this Agreement shall relieve
End User from paying any amounts due hereunder.
5.5. TAXES. Prices for the Services do
not include any customs duties, sales, use, value added, excise, federal,
state, local, public utility, universal service or other similar taxes. All
such taxes shall be paid by End User and will be added to any amounts otherwise
charged to End User unless End User provides 8x8 with an appropriate exemption
certificate. If any amounts paid for the Services by End User are refunded by
8x8, applicable taxes may not be refundable.
5.6. REGULATORY RECOVERY FEE. A
Regulatory Recovery Fee of $1.50 will be charged monthly to offset costs
incurred by 8x8 in complying with inquiries and obligations imposed by federal,
state and municipal regulatory bodies/governments and the related legal and
billing expenses. This fee is not a tax or charge required or assessed by
any government. The Regulatory Recovery Fee will apply to every phone
number assigned, including toll free and virtual numbers.
5.7. TRIAL PERIOD. 8x8 offers a thirty
(30) day trial period ("Trial Period") to new End Users for their
first Packet8 account. The Trial Period commences upon the purchase of Services
by End User on the Packet8 web site or purchase of Equipment from a retailer.
If End User is not satisfied with the Services during the Trial Period, End
User may obtain a refund of the Equipment cost, activation fee, and monthly
service fee. Applicable taxes will be refunded to the extent allowed by law.
Shipping charges will not be refunded. To obtain a refund, End User must: a)
Notify 8x8 within thirty (30) days of purchase of the Services on the web site
and obtain a return material authorization number from 8x8 for the Equipment
and, b) and Return the Equipment to 8x8 within seven (7) days of cancellation
of the Services in its original, unaltered condition with all packaging intact.
The Trial Period refund shall not apply to End Users that have trial period
usage in excess of three hundred (300) minutes, and the Trial Period shall
expire when End User exceeds three hundred minutes of usage. Retail customers
will be required to return the Equipment to the place of purchase within thirty
(30) days (or such shorter period as set forth in the retail outlet’s return
policy) of purchase to receive any refund.
5.8. DISCONNECTION FEES.
Subsequent to the expiration of the Trial Period, if an End User terminates fax or voice Services
within twelve (12) months of the initial purchase of the Services, 8x8 shall charge a Disconnection
Fee of fifty nine dollars and ninety nine cents ($59.99) for each fax or voice line and nine
dollars and ninety nine cents ($9.99) for virtual number and toll free number. If an End
User of Softalk based PSTN Plans terminates within twelve (12) months of the initial purchase of the
Services, 8x8 shall charge a Disconnection Fee of nine dollars and ninety nine cents ($9.99). If an
End User of video Services terminates video Services within twelve (12) months of the initial
purchase of the Services, 8x8 shall charge a Disconnection Fee of one hundred ninety nine dollars and
ninety nine cents ($199.99). If End User purchased video Services between October 1, 2006 and January
25, 2007, the ninety nine dollars and ninety nine cents ($99.99) Disconnection Fee and twelve (12)
month term shall apply. If an End User terminates Services within twelve (12) months of the initial
purchase of any Uniden Whole House Phone System, 8x8 shall charge a Disconnection Fee of ninety nine
dollars and ninety nine cents ($99.99). The Disconnection Fee shall be waived after End User completes
twelve (12) months of consecutive service. If End User purchased video Services between April 14, 2005
and September 30, 2006, the $299.00 Disconnection Fee and twenty four (24) month term shall apply.
Disconnection Fees shall be billed to End User's Credit Card when End User notifies 8x8 of the
cancellation of the Services. Disconnection Fees do not apply to Softalk Basic accounts. From time
to time, 8x8 may sponsor promotional limited-time offers that provide a rebate on Equipment. An
additional Disconnection Fee may apply to these offers and End User should review the terms of such
offers. Submission of a rebate form, whether by US mail or on-line, represents agreement with the
terms and conditions of such offer, including a higher Disconnection Fee, if applicable.
5.9. RATE CHANGES. 8x8 may change the
prices for the Services and toll charges from time to time. 8x8 may change
prices, plans, taxes or fees without any advance notice. In the event of a
change in prices or toll charges, 8x8 will post such changed rates to the web
site currently located at http://www.packet8.net.
International toll calling rates are updated monthly on the first of each month
and no other notice shall be provided for changes to international toll calling
rates.
5.10. CREDITS. End User acknowledges and agrees that the
Services are provided "as is, where is." Credit allowances for interruption
of the Services shall not be provided.
5.11. DISCOUNTS. From time to time in its sole discretion,
8x8 may offer promotions or discounts of activation or other fees. Any
promotion or discount codes must be entered by End User upon purchase of the Services.
End User shall not be entitled to a subsequent credit for such promotions or
discounts, if not requested at the time of account creation or change of
service.
5.12. BILLING DISPUTES. End User must dispute any charges
for the Services in writing within thirty (30) days of the date of the charge
by 8x8 or End User waives any objection and further recourse. Written
statements disputing charges must be sent to:
Billing Department
8x8, Inc.
3151 Jay Street
Santa Clara, CA 95054
-or- claims@packet8.net
5.13. FREEDOM ANNUAL. The
$199 annual service fee for the Freedom Annual plan is payment for twelve consecutive
months of service which commences on the Activation Date. End User will be responsible
for any additional charges (such charges shall include activation fees, shipping
charges, disconnection fees, equipment charges, toll charges, taxes and any other
applicable charges) for services or usage not covered by the plan which will be billed
on a monthly basis. If End User cancels the service prior to the end of the annual
period, there is no refund. At the conclusion of the annual period, the Service
will automatically renew to the Freedom Annual Service for another year of service,
unless End User chooses to switch to an alternate pricing plan or cancel service prior
to the anniversary of the Activation Date.
6. TOLL CHARGES. Every call to or from Equipment using the Services that
originate or terminate in the Public Switched Telephone Network ("PSTN"),
including other VoIP networks, is subject to the then applicable toll charges
that are associated with the Plan. Calls to a phone number outside the
United States and Canada to a non-Packet8 phone number will be charged at the current
rates published on the Packet8 web site. The duration of each call is to be
calculated in one minute increments and rounded up to the nearest one minute
increment for any fraction of minutes used. If the computed charge for a call
includes a fraction of a cent, the fraction is rounded up to the nearest whole
cent. If the computed charges for taxes and surcharges include a fraction of a
cent, the fraction is rounded up to the nearest whole cent. When End User dials
an International PSTN phone number, charges may apply regardless of whether the
party on the other line answers the call. Calls made by an End User to an
International mobile, rather than landline, or information services or premium
rate telephone number may result in higher toll charges. These toll charges
are listed on the packet8.net website.
7. TELEPHONE NUMBER. Any telephone number provided by 8x8 ("Number") to the End User shall
be leased and not sold. End User is not to use the Number with any other device
other than the Equipment without the express written permission of 8x8. 8x8
reserves the right to change, cancel or move the Number at its sole discretion.
8. LOST, STOLEN, ALTERED OR
BROKEN EQUIPMENT. End User shall not modify the Equipment in any way without
the express written permission of 8x8. End User shall not use the Equipment
except with the Services provided hereunder. Except as otherwise provided for
hereunder, End User is responsible for all lost, stolen or broken Equipment and
may be required to purchase a replacement to continue service. Replacement
charges will be based on the fair retail price of equipment, plus applicable
shipping costs and taxes. End User shall immediately notify 8x8 of any lost or
stolen Equipment and shall cooperate with 8x8 in all reasonable aspects to
eliminate actual or potential unauthorized use of the Equipment. At 8x8's sole
option, failure to report lost or stolen equipment in a timely manner will
cause End User to be responsible for all service fees accrued until the time
that 8x8 is informed of the loss or theft and can effect a termination of the
Services.
9. PROHIBITED USES. Any
use of the Services or any other action that causes a disruption in the network
integrity of 8x8 or its vendors, whether directly or indirectly, is strictly
prohibited and could result in termination of the Services at the sole
discretion of 8x8. End User understands that neither 8x8 nor its vendors are
responsible for the content of the transmissions that may pass through the Internet
and/or the Services. End User agrees that it will NOT use the Services in ways
that violate laws (including but not limited to laws prohibiting transmission of
unsolicited fax advertisements), infringe the rights of
others, or interfere with the users, services, or equipment of the network. End
User agrees and represents that it is purchasing the Services and/or the
Equipment for its own internal use only, and shall not resell, transfer or make
a charge for the Services or the Equipment without the advance express written
permission of 8x8.
10. PERSONAL USE. 8x8's Service Plans for
residential End Users that offer unlimited minutes of PSTN calls
("Unlimited PSTN Plans") are for the reasonable personal residential
use of End User only. This means that End User is not to resell or transfer the
Service or Equipment to any other person for any purpose, without express
written permission from 8x8 in advance. End Users shall not use the Services
for commercial or governmental purposes, or for profit or non-profit
activities, including, but not limited to, home office, business, sales,
tele-commuting, autodialing, continuous or extensive call forwarding,
continuous connectivity, fax broadcast, fax blasting, telemarketing, junk
faxing, fax spamming, calling/faxing any person (through the use of distribution lists
or otherwise) who has not given specific permission to be included in such a
process or any other activity that would be inconsistent with
personal and residential usage. End User shall not transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature. End Users further agree not to
transmit any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable
local, state, national or international law or regulation. End User agrees to notify 8x8 immediately if usage of the
Unlimited PSTN Plans changes from personal residential to business use and to
subscribe to a business plan. 8x8 reserves the right to immediately terminate
or modify the Services of any End User using Unlimited PSTN Plans if 8x8
determines, in its sole discretion, that End User is not using the Unlimited
PSTN Plans for End User's reasonable personal residential use.
11. INTERNATIONAL USE. Unlimited PSTN Plans are
only for the personal use of individuals whose primary residence and place of
operation of the Service is the United States or Canada.
Any use found to be inconsistent with this location restriction will result in
the plan being automatically changed to an International User plan or
termination of the Service at the sole discretion of 8x8. 8x8 reserves the
right to immediately terminate or modify the Services of any End User using
Unlimited PSTN Plans if 8x8 determines, in its sole discretion, that End User
is using the Unlimited PSTN Plans outside of the United States or Canada. If
the Service is used outside of the United States or Canada at any point as
determined solely by 8x8, then 8x8 reserves the right at its sole discretion to
immediately move the End User's account and any other accounts of that same End
User to the International user plan retroactive to the billing period that the
first unit was used outside the United States or Canada.
12. COMMERCIAL USE. End User agrees that the
use of the Service and/or Equipment for activities other than reasonable
personal residential use will obligate End User to pay 8x8's higher rates for
business services for all periods of such use, including past periods, in which
End User used the Service for commercial or governmental purposes. If End User
subscribes to Packet8 Virtual Office or another business plan ("Business
Plans"), the Service and Equipment are provided to End User as a small
business user. This means that End User is not to resell or transfer the
service or Equipment to any other person for any purpose, without express
written permission from 8x8 in advance. End User agrees that 8x8 Business Plans
do not confer the right to use the service for auto-dialing, continuous or
extensive call forwarding, telemarketing
(including without limitation charitable or political solicitation or polling),
fax broadcasting or fax blasting. 8x8 reserves the right to immediately
terminate or modify the Service, if 8x8 determines, in its sole discretion,
that End User's Business Plans' Service is being used for any of the
aforementioned activities.
13. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. 8x8 reserves the right to make changes to the terms and conditions of this
Agreement, the Services and/or the Plan (a "Change of Service"). In
the event of a Change of Service, 8x8 will post to the Web Site currently
located at http://www.packet8.net/terms/.
Notice will be considered received by End Users and such changes will become
binding to End Users, on the date the changes are posted to the Web Site
("Change Date"), and no additional notice will be required. If End
User does not send 8x8 notification of their desire to terminate this agreement
or uses the Service after the Change Date, End User is deemed to have accepted
and consented to the change of terms and conditions of the Service. If End User
does not consent to the change of service and terminates this agreement, End
User will be responsible for any sums due hereunder in addition to any
applicable Disconnection Fee. End User may request a Plan change at anytime,
subject to any applicable change of service fee and additional terms and conditions.
The Plan change will take effect in the first month after the Plan is
changed. In no case will an activation
fee be credited after thirty (30) days from the initial purchase of the
Services for a Plan change or cancellation. For a Plan change to a plan that
requires a purchase of the Equipment, an equipment charge will apply.
14. TERMINATION. End User agrees to provide 8x8
with thirty (30) days notice of termination. End User shall be responsible for
the full monthly service fee for the month during which the notice of
termination of service is provided to 8x8. In accordance with section 5,
Disconnection Fees may apply. 8x8 reserves the right, at its sole discretion,
to suspend, terminate or change the Services without advance notice for any reason,
including without limitation, misuse of the Services in any way, End User's
breach of this Agreement, End User's failure to pay any sum due hereunder,
suspected fraud or other activity by End User that adversely affects the
Services, 8x8, 8x8's network or other End Users' use of the Services. 8x8
reserves the right to determine, at its sole discretion, what constitutes
misuse of the Services and End User agrees that 8x8's determination is final
and binding on End User. 8x8 may require an activation fee to change or resume
a terminated or suspended account.
15. PRIVACY. Packet8 utilizes the public
Internet and third party networks to provide fax, voice and video communication
services. Accordingly, 8x8 cannot guarantee the security of fax, voice and
video communications of End User. 8x8 is committed to respecting an End User's
privacy. Once End User chooses to provide personally identifiable information,
it will only be used in the context of the End User's relationship with 8x8.
8x8 will not sell, rent, or lease End Users' personally identifiable
information to others. Unless required by law or subpoena or if End User's
prior permission is obtained, 8x8 will only share the personal data End User
provides with other 8x8 entities and/or business partners that are acting on
8x8's behalf to complete the activities described herein. Such 8x8 entities
and/or national or international business partners are governed by 8x8's
privacy policies with respect to the use of this data. 8x8 is required to file
numerous reports with different administrative bodies. As such, 8x8 may provide
aggregate statistics about customers, sales and traffic patterns. None of these
reports or statistics will include personally identifiable information.
However, 8x8 reserves the right to use personally identifiable information to
investigate and help prevent potentially unlawful activity that threatens
either 8x8 or any company affiliated with 8x8. Moreover, upon the appropriate
request of a government agency, law enforcement agency, court or as otherwise
required by law, 8x8 may disclose personally identifiable information.
16. RETURNS AND ADJUSTMENTS. No Equipment may
be returned by End User for any reason without prior approval of 8x8. All
returns shall be in original packaging or equivalent. End User shall be
responsible for all costs related to shipping to 8x8 any Equipment that is
being returned. Any Equipment returned to 8x8 without prior authorization for
its return or proper packaging may be refused. In order to obtain an appropriate
refund, upon cancellation End User must immediately obtain a return material
authorization number from 8x8, return to 8x8 any Equipment provided hereunder,
undamaged and in good working condition, in its original packaging and with its
original content or otherwise will be immediately responsible for paying to 8x8
an amount equal to the fair retail price of the equipment minus any payments
End User had previously paid specifically for said Equipment.
17. TECHNICAL SUPPORT. 8x8 provides technical
support to End Users via telephone and e-mail for the Services and the
Equipment provided hereunder. Support for other applications and uses is not
provided or implied.
18. BREACH. In the event of End User's breach
of the terms of the Agreement, including without limitation, failure to pay any
sum due hereunder, End User shall reimburse 8x8 for all attorney, court,
collection and other costs incurred by 8x8 in the enforcement of 8x8's rights
hereunder and 8x8 may keep any deposits or other payments made by End User.
19. INDEMNIFICATION. End User agrees to defend,
indemnify and hold 8x8, its affiliates and its vendors harmless from any claims
or damages relating to this Agreement.
20. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO
EVENT SHALL 8X8 OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF LIFE, INJURY, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, |