Terms and Conditions for Use
This agreement ("Agreement") is between Greenberry Networks, LLC. ("we," "us" or "SIP-UA") and the user ("you," "user" or "Customer") of SIP-UA's communications services and any related services ("Service"). This Agreement governs both the Service and any devices, such as a SIP-UA Phone Adapter, SIP-UA Router & Phone Adapter, IP Phone, or any other IP connection device provided by SIP-UA for use in conjunction with the Service ("Device" or "Equipment"). BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING SIP-UA at 417.520.0852.
Service is offered on a monthly basis for a term which begins on the date that SIP-UA activates your Service and ends on the day before the same date in the following month, except for any plan that has a commitment associated with it. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you call SIP-UA at 417.520.0852 to cancel 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 charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee if applicable under the terms of this Agreement, all of which 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 Equipment Requirements
The Service requires standard SIP based customer premises equipment ("CPE") which may be provided by SIP-UA or by the Customer pursuant to the terms of this Agreement. Use of the Service without such equipment is strictly prohibited. If you elect to provide your own equipment, then You are solely responsible for maintaining the equipment and ensuring that it is compatible with the Service, and you agree that if it is not compatible with, or properly configured for SIP-UA, SIP-UA may terminate the Service in its sole discretion.
1.2.1 Device Management
If you use your own hardware and/or software, you are responsible for all aspects of the hardware and/or software. SIP-UA is not responsible for the installation of and/or service on hardware and/or software that is not provided by SIP-UA. You are responsible for the use, compatibility and configuration of the hardware and/or software that are not provided by SIP-UA. In the event that you use hardware and/or software that impairs your use of the Services, you shall nonetheless be liable for regular payment to SIP-UA. If SIP-UA notifies you that the non SIP-UA hardware and/or software that you are using, is causing, or in the sole discretion of SIP-UA is likely to cause hazard, interference, service obstruction or interruption, you must eliminate the hazard, interference, service obstruction or interruption immediately. SIP-UA reserves the right to take any and all steps to protect the SIP-UA backbone network and those networks attached to it if SIP-UA determines that the non SIP-UA supplied hardware and/or software hardware that you are using is causing a hazard, interference, service obstruction or interruption to the networks. SIP-UA will not be responsible if any changes in hardware, software or services cause equipment not provided by SIP-UA to become obsolete, require modification or alteration, or in any other way affect the total performance of the the Service on an end-to-end basis. SIP-UA, at its sole option and without any obligation to do so, may supply technical services in the form of consulting to you at your request. It is your sole responsibility to maintain security, including but not limited to, physical hardware and user information which may include login username and password. If you use your own (non SIP-UA) hardware and/or software, you are totally responsible for any and all charges for all calls made to or from that hardware and/or software. If at any time the hardware and/or software is compromised, hacked or otherwise used by an unauthorized party, you are responsible for all charges associated with the Service.
1.3.1 Residential Use of Service
If you have subscribed to SIP-UA's Residential services, the Service is provided to you as a single usage (user) residential plan, for your own personal, residential, non-business and non-professional use. This means that you agree not to use, and may not use, the Service for any commercial activities, governmental activities, profit-making activities, and/or non-profit activities, including but not limited to home office, business, sales, tele-commuting, tele-marketing, auto-dialing, continuous or extensive call forwarding, call relaying, fax broadcast, fax blasting and any other activity that would be inconsistent with normal residential usage patterns. This also means that you agree not to, and may not, sell, 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 express written permission from SIP-UA. You agree that if SIP-UA determines in its sole discretion that you have used the Service, and/or anyone else has used the Service for any activities and purposes prohibited by this section it may immediately charge you SIP-UA's higher rates for its Business service for all periods, including past periods, in which you use, or used, the Service for such prohibited activities together with a US$100.00 administrative fee for same, and that SIP-UA may immediately charge such amounts on your credit card. SIP-UA reserves the right to immediately terminate and subject you to the disconnect fee pursuant to Section 7.6 or modify the Service, if SIP-UA determines, in its sole discretion, that Customer's Service is being used for such prohibited activities or in any other manner prohibited by this Agreement. In addition to and without prejudicing or waiving any other remedies that it is entitled to, SIP-UA, after it has determined in its sole discretion that you have violated this Section 1.3.1, may retroactively charge you $.05 per minute for all US and Canadian calls made since the activation of your account. Violations of this Section 1.3.1 regarding International calls will likewise be retroactively billed at the then current published rates. You agree that any payment made to SIP-UA pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages. In the event that SIP-UA has to take legal action to enforce the provisions of this section, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees, regardless of whether in house or outside counsel is employed. If in house counsel is employed, billing shall be at the rate of $300.00 per hour and billed in six minute increments.
1.3.2 Business Use of Service
If you have subscribed to SIP-UA's Business services, the Service is provided to you as a business user. This means that you agree not to, and may not, sell, 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 express written permission from SIP-UA. You agree that the SIP-UA Business Plan does not confer the right to use the Service for auto-dialing, call center activities, continuous or extensive call forwarding, call relaying, telemarketing, fax broadcasting or fax blasting, and that you may not use the Service for those purposes. SIP-UA reserves the right to (1) immediately terminate or modify the Service, and (2) charge an administrative fee of US$100.00 per day of service during which Customer engaged in prohibited activities, if SIP-UA determines, in its sole discretion, that Customer's Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement.
1.3.3 Educational Use of Service
If you have subscribed to SIP-UA's Educational services (“LAB SIP Trunk”), the Service is provided to you as a single usage (user) educational plan, for your own educational, non-personal, non-business and non-professional use. This means that you agree not to use, and may not use, the Service for any personal activities, commercial activities, governmental activities, profit-making activities, and/or non-profit activities, including but not limited to residential, home office, business, sales, tele-commuting, tele-marketing, auto-dialing, continuous or extensive call forwarding, call relaying, fax broadcast, fax blasting and any other activity that would be inconsistent with normal educational lab usage patterns. This also means that you agree not to, and may not, sell, 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 express written permission from SIP-UA. SIP-UA reserves the right to immediately terminate, limit calling hours and/or limit call length at any time.
1.4 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. SIP-UA reserves the right to terminate the Service immediately and without advance notice if SIP-UA, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due, payable and chargeable to your credit card. If SIP-UA, in its sole discretion believes that you have violated the above restrictions, SIP-UA may forward the objectionable material, as well as your communications with SIP-UA and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
1.5 Use of Service and Device by Customers Outside the United States
SIP-UA allows use of the Service inside or outside of the United States. However, if you use it outside the United States you do so at your own risk. If you remove the Device to a country outside the United States and/or use or attempt to use it there, you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the United States and/or the import laws of that other country.
1.6 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 the Device 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 is not provided by SIP-UA) 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 SIP-UA terminate the Service in accordance with this Agreement.
1.7 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on SIP-UA's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of SIP-UA are and shall remain the exclusive property of SIP-UA 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 the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. You expressly agree that the Device is exclusively for use in connection with the Service and that SIP-UA will not provide any passwords, codes or other information or assistance that would permit or enable you to use the Device for any other purposes. If you decide to use the Service through an interface device not provided by SIP-UA, which SIP-UA reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless SIP-UA against any and all liability arising out of your use of such interface device with the Service. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.8 Tampering with the Device and Service
You agree not to change the electronic serial number, MAC or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from SIP-UA in each instance which SIP-UA may grant or deny in its sole discretion. SIP-UA reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree 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.
1.9 Theft of Service or Device
You agree to notify SIP-UA immediately, in writing or by calling the SIP-UA customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
1.10 Number Transfer on Service Termination
SIP-UA will release any telephone number used in connection with your Service to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; (ii) your SIP-UA account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account. SIP-UA will not transfer or release telephone numbers that it has assigned for use in conjunction with your Service. The actual “porting” is performed by the new service provider. A copy of your invoice, attainable through your account on the Internet, provides all of the information your new service provider should require to port the number.
1.11 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by SIP-UA. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.
1.12 No 900 Calls
The Service does not permit calls to 900 numbers or other pay-per-call services.
1.13 No Operator Service
The Service does not support calls to operator services.
1.14 No Collect Calls
The Service does not support collect calls.
1.15 Directory Assistance
You agree that calls to Directory Assistance (1-XXX-555-1212) excluding toll-free Directory Assistance (1-8---555-1212) may incur a US$0.99 per call charge.
1.16 Calls from a Payphone
You agree that calls to a SIP-UA Toll-free Alternate Number from a Payphone will incur a US$0.30 per call charge.
2. 911 EMERGENCY DIALING
PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF SIP-UA'S 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS.
SIP-UA Basic 911 or Enhanced 911 (E911) service is different than traditional 911 land line service.
The SIP-UA 911 SERVICE DOES NOT WORK IF YOU FAIL TO REGISTER OR UPDATE THE SIP-UA 911 SERVICE WITH YOUR CURRENT LOCATION
The SIP-UA 911 SERVICE WILL NOT WORK IF THERE IS AN ELECTRICAL OR INTERNET SERVICE OUTAGE DUE TO ANY CAUSE
The SIP-UA 911 SERVICE WILL NOT WORK IF YOUR SERVICE HAS BEEN CANCELLED BY YOU OR TERMINATED BY SIP-UA
IF YOU MAKE ANY 911 CALL FROM OUTSIDE THE UNITED STATES, IT WILL COST YOU $100.00 EACH TIME YOU DIAL 911 EVEN IF YOU MADE THE CALL INADVERTENTLY BY MISDIALING
MULTIPLE, SIMULTANEOUS ADDRESS RECORDS ARE NOT SUPPORTED WITH THE MULTI PRESENCE FEATURE
YOU INDEMNIFY SIP-UA FOR ANY FAILURE IN THE SIP-UA 911 SERVICE
2.1 Most of SIP-UA customers in the U.S., including Alaska and Hawaii, have access to basic 911 or Enhanced 911 (E911) service. Enhanced 911 (E911) service is available for all U.S. customers who register a valid E911 service address.
With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.
If you live in locations where the emergency center is not equipped to receive your telephone number and address, you have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number and location, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.
As additional local emergency centers become capable of receiving our customers' telephone number and address information, customers will need to register a valid E911 service address to upgrade the service to E911. SIP-UA will not inform you that new local emergency centers have been added. If your address is not covered by E911 service, SIP-UA advises you to attempt to register your address periodically to determine if a new local emergency center has been added to your area.
Certain customers do not have access to either basic 911 or E911 because there are no local emergency centers in their area or they did not register for an E911 service address. If you do not have access to basic 911 or E911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the customer calling 911, and then contact the local emergency center for such customer in order to send help.
Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a customer's address during 911 address registration, the customer is identified with an international location, or the customer is located in an area that is not covered by the landline 911 network.
Emergency personnel do not receive your phone number or physical location when your 911 call is routed to a national emergency call center. Therefore, you must be prepared to give the operator your phone number and location and any other information that the operator might request. For the 911 calls which are answered by a national emergency call center, the fee for the first 911 call within a 12 month period will be waived. Subsequent 911 calls answered by a national emergency call center within the 12 month period will be charged $100.00 per call even if the call was the result of a mistake such as misdialing.
You authorize the national emergency call center to disclose your name and address to the third party or parties involved with providing emergency services to you, including, without limitation, call routers, call centers and local emergency centers.
2.3 Notify All Users
You are responsible for informing any household residents, guests and other third persons who may be present at the physical location where you utilize the SIP-UA 911 SERVICE of the important differences in and limitations of SIP-UA 911 SERVICE as compared with traditional 911 land line or cell phone service.
2.4 Registration of Physical Location Required
For each primary phone number that you use for the Service, you must register with SIP-UA the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any 911 calls you make using the SIP-UA 911 SERVICE may be sent to an emergency center near your old address. You must register your initial location of use when you subscribe to the Service.
Thereafter, you may register a new location by following the instructions from the "911" registration link in your SIP-UA Account Portal. For purposes of the SIP-UA 911 SERVICE, you may only register one location at a time for each primary phone line you use with the Service.
2.5 Re-Registration Required if You Change Your Number or Add or Port New Numbers
SIP-UA 911 SERVICE does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number and receive confirmation from SIP-UA.
2.6 Confirmation of Activation Required
Your SIP-UA 911 SERVICE will not be activated for any phone line that you are using with the Service, unless and until you receive an email from SIP-UA confirming that the SIP-UA 911 SERVICE has been activated for that primary phone number. The activation may take up to seven days to complete.
2.7 Service Outages
Unlike traditional 911 land line service, the SIP-UA 911 SERVICE can FAIL for a number of reasons. The reasons are as follows
1. An electrical power outage.
2. Internet outage, including loss of connectivity, suspension or termination by your broadband or Internet service provider, the blocking of ports by your broadband or Internet service provider and Local Area Network issues.
3. Termination of your SIP-UA Services/Account.
4. In addition, a local or national disaster and subsequent spike in the number of calls may result in long connection times, busy signals or failures to connect.
You acknowledge and understand that the Service and SIP-UA 911 Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service and SIP-UA 911 Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service and SIP-UA 911. You also acknowledge and understand that the Service and SIP-UA 911 Service requires a fully functional broadband connection to the Internet (which is not provided by SIP-UA) 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 and SIP-UA 911 Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service and SIP-UA 911 Service will not function until the power supply is restored and/or the ISP/broadband outage fixed.
You acknowledge that SIP-UA is not responsible for any service outage related to the loss of electrical power, connectivity, suspension or termination by your broadband or Internet service provider, the blocking of ports by your broadband or Internet service provider, suspension or termination of your SIP-UA Services/Account or any failures resulting from local or national disasters.
2.8 Disclaimer of Liability and Indemnification.
You acknowledge and understand that SIP-UA will not be liable for any Service outage and/or inability to dial 911 using the SIP-UA Service or to access emergency service personnel due to the characteristics and limitation of the SIP-UA Service as set forth in this document. You agree to defend, indemnify, and hold harmless SIP-UA, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the SIP-UA 911 SERVICE.
In addition, SIP-UA does not have any control over whether, or the manner in which, calls using the SIP-UA 911 SERVICE are answered or addressed by any local emergency response center.
SIP-UA disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. SIP-UA relies on third parties to assist us in routing SIP-UA 911 SERVICE calls to local emergency response centers and to a national emergency calling center. SIP-UA disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither SIP-UA nor its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service 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 the SIP-UA 911 SERVICE unless such claims or causes of action arose from SIP-UA'ªs gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless SIP-UA, 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 (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including SIP-UA 911 SERVICE, incorrectly routed SIP-UA 911 SERVICE calls, and/or the inability of any user of the Service to be able to use SIP-UA 911 SERVICE or access emergency service personnel.
Furthermore, you acknowledge that SIP-UA does not offer Lifeline service, and that if you are not comfortable with the limitations of the SIP-UA 911 SERVICE, SIP-UA strongly recommends that you always have an alternative means of accessing emergency service.
These provisions supplement and do not limit the indemnification and limitation of liability provisions contained in sections 3 and 4 found in these Terms and Conditions.
2.9 Important Emergency WiFi 911 Information:
When making a WiFi 911 call, always be prepared to state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information.
911 services via WiFi calling uses the wireless internet and operates differently than traditional 911. You must provide us with a valid street address for the location of your primary use of WiFi calling.
If the location at which you primarily use WiFi calling either temporarily or permanently changes you must register the new address by emailing email@example.com. It may take 24 hours or more to update the address information.
THE TERM "SIP-UA" AS USED IN THIS SECTION SHALL MEAN GREENBERRY NETWORKS, LLC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE AND/OR DEVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SIP-UA AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SIP-UA FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS' FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
4. LIMITATION OF LIABILITY
THE TERM "SIP-UA" AS USED IN THIS SECTION SHALL MEAN GREENBERRY NETWORKS, LLC AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
IN NO EVENT SHALL SIP-UA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL SIP-UA BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO SIP-UA OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND SIP-UA'S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. SIP-UA SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO SIP-UA'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SIP-UA'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. SIP-UA'S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT SIP-UA WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE SIP-UA FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST SIP-UA TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.
THE TERM "SIP-UA" AS USED IN THIS SECTION SHALL MEAN GREENBERRY NETWORKS, LLC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
SIP-UA MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. SIP-UA DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. SIP-UA DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE NEW FROM SIP-UA AND THE DEVICE INCLUDED A LIMITED WARRANTY AT THE TIME OF PURCHASE, CUSTOMER MUST REFER TO THE SEPARATE LIMITED WARRANTY DOCUMENT FOR INFORMATION ON THE LIMITATION AND DISCLAIMER OF SUCH WARRANTY. IF CUSTOMER'S DEVICE DID NOT INCLUDE A LIMITED WARRANTY FROM SIP-UA AT THE TIME OF PURCHASE, CUSTOMER AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST SIP-UA TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
5.1 Replacement of a Defective Device
If you have a defective Device provided by SIP-UA, SIP-UA will replace it without charge as long as you have fully paid for the Services and return the defective Device to SIP-UA. You must first receive a Return Merchandise Authorization from SIP-UA by emailing or calling a SIP-UA Customer Service Representative who will determine if the Device is defective or not. If it is determined to be defective, SIP-UA will then ship you a new Device and a shipping label for you to return the defective Device to us without cost to you. You must return the Device in the original packaging with the bar code intact and include all components, cables, accessories, parts, manuals, and other documentation. If after 14 days of shipping the new Device to you, we have not received the defective Device, we will charge you the device fee. This replacement policy is good for 12 months from the date your account is activated regardless of how many times your Device is replaced during those 12 months.
6. CHANGES TO THIS AGREEMENT
SIP-UA may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the SIP-UA website at www.sip-ua.com/terms and/or the date we notify you of changes by the following: email at the address provided by you, postcard, letter, recorded announcement, message on your bill, an insert in your bill, newspaper ad, or a call to your billed telephone number, whichever occurs first.
7. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
You must give us a valid credit card number when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is canceled and replaced owing to loss or theft, you must advise SIP-UA at once by changing your credit card information in your account portal. We will bill all charges monthly to your credit card, including but not limited to: activation fees, monthly Service fees, surcharges, applicable taxes, disconnection fees, international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. SIP-UA reserves the right to bill at more frequent intervals if the amount due at any time exceeds US$25.00.
7.1.1 “One Time Use” or Disposable Credit Cards
SIP-UA strictly prohibits the use of “one time use” or disposable credit cards. If you use such a card to activate the SIP-UA Service and such use results in SIP-UA not being able to collect charges for the Service, you will be subject to a $500.00 fee as liquidated damages and not as a penalty, plus any reasonable in-house or outside counsel attorney’s fees incurred by SIP-UA to collect such unpaid charges and liquidated damages.
7.2 Billing Disputes
You must notify SIP-UA in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your SIP-UA Master Account if you dispute any SIP-UA charges on that statement or that have been debited from your SIP-UA Account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address:
SIP-UA Customer Care Billing Department
Greenberry Networks, LLC
P.O. Box 161
Ozark, MO 65721
SIP-UA only accepts payments by credit card or Paypal. Your initial use of the Service authorizes SIP-UA to charge all amounts due SIP-UA as stated in the Agreement on the credit card account number on file with SIP-UA, or on any other credit card provided by Customer if the original card expires or is replaced. This authorization will remain valid until 30 days after SIP-UA receives your written notice terminating SIP-UA's authority to charge your credit card. SIP-UA may terminate your Service at any time, in its sole discretion, if any charge to your credit card on file with SIP-UA is declined or reversed, if your credit card expires and you have not provided SIP-UA with a new valid and approved credit card, or in case of any other non-payment of account charges. Termination of Service for a declined or expired credit card, reversed charges or non-payment leaves you fully liable to SIP-UA for all charges accrued before termination and for costs incurred by SIP-UA to collect all monies owed by Customer, such as (but not limited to) collection costs and in house or outside attorneys' fees as defined is Section 1.3.1. SIP-UA may make billing adjustments for the Service retroactively for a period of one hundred eighty (180) calendar days after the date a Service is rendered if they are made within two (2) months of SIP-UA's receipt of any invoice for the payment of additional fees and charges imposed by law.
7.4 Termination/Discontinuance of Service
SIP-UA reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If SIP-UA discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you 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 or Device (such as, but not limited to, fraudulent payments, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of SIP-UA or of a third party provider to which SIP-UA is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.
7.5 Reactivation/Continuance of Service
If your suspended account's Service is resumed because you cured the violation, you will not receive a credit or refund for the period during which the Service was suspended or limited. If your Service has been terminated and then reactivated, you will be charged a $9.95 reactivation fee but $39.95 disconnect fee will be credited back to you. You will not have to pay a new Activation Fee as long as reactivation occurs within 7 days of termination. You are responsible for a full month's fee if the Service or feature is reactivated after the beginning of a new billing cycle.
Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card. If Customer is exempt from payment of such taxes, it will provide SIP-UA with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date SIP-UA receives such certificate.
7.7 Disconnect Fee
Customer will be charged a disconnect fee of US$39.95 per voice line upon termination of Service for any reason or for convenience of Customer, unless (1) the Customer is eligible for a full refund of the original sign up fees pursuant to the terms of the Money Back Guarantee as provided in this Agreement or (2) the Customer used the Service for more than twelve (12) consecutive months in accordance with the terms of this Agreement and has fully paid for such Service. The disconnect fee becomes due and payable immediately upon termination and will be billed directly to Customer's credit card.
7.8 Return of Device
A Device may be returned to SIP-UA for a refund of the original sign up fees (less exclusions stated in section 7.9, Shipping and handling charges cannot be refunded. You will be responsible for any charges for out of plan usage, payphone calls to SIP-UA toll free numbers, out of plan toll free minutes, premium features, and directory assistance), if 1) you cancel services within the Money Back Guarantee period; 2) you return the Device to us with a valid return authorization number within fourteen (14) days of the termination of Service; and 3) otherwise comply with the limitations and conditions contained in section 7.9.
SIP-UA 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. If Customer initially receives packaging and/or a Device that is visibly damaged, Customer agrees to note the damage on the carrier's freight bill or receipt, keep a copy, and immediately notify SIP-UA by email at firstname.lastname@example.org. Keep the Device and the original packaging, packing materials and parts intact and contact SIP-UA's customer care department immediately
7.9 Money Back Guarantee; Limitations and Conditions
SIP-UA offers a hassle free 30-day money back guarantee from the date of activation of your Service. The money back guarantee applies only to the first-ordered line, not to additional or secondary lines. Under the terms of the Money-Back Guarantee, SIP-UA will refund the activation fee, the monthly charge for the first month of Service and waive the disconnect fee provided that:
* you are not on any plan that has a commitment;
* you have not exceeded 250 minutes of in-plan usage, if you exceed 250 minutes of in-plan usage, you'll be charged for the overage minutes at published rate;
* you cancel your Service within the applicable period;
* you return any issued SIP-UA Device to us in original condition, normal wear and tear excluded, within 14 days after the cancellation of your Service;
* the Device is returned in the original packaging with the bar code intact and is accompanied by all components, cables, accessories, parts, manuals, and other documentation;
* you have not previously exercised the SIP-UA 30-day money back guarantee and obtained a refund from SIP-UA as a result of any other SIP-UA account, and
* prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at email@example.com.
SIP-UA accounts will be issued a refund upon valid cancellation notification.
Shipping and handling charges cannot be refunded. You will be responsible for any charges for out of plan usage, payphone calls to SIP-UA toll free numbers, out of plan toll free minutes, premium features, and directory assistance. We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice. The Money Back Guarantee will not be honored if the Customer fails to meet all above requirements.
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. SIP-UA reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if SIP-UA determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with SIP-UA's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. SIP-UA'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 SIP-UA 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 Device provided to you.
9. RESOLUTION OF DISPUTES BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU 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. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. THIS SECTION DOES NOT APPLY TO RESIDENTS OF CALIFORNIA.
9.1 Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement, the Service and/or the Device (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any Device, Service, advertising or otherwise having a connection to this Agreement. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in an arbitration. 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.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND SIP-UA BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees, regardless of whether in house or outside counsel is employed. If in house counsel is employed, billing shall be at the rate of $300.00 per hour and billed in six minute increments.
9.2 Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims court, you must first write to us at Greenberry Networks, LLC, P.O. Box 161, Ozark, MO 65721 and give us an opportunity to resolve the dispute. Similarly, before SIP-UA takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or SIP-UA is notified by the other of a dispute, 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 firstname.lastname@example.org. 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 Missouri in Greene or Christian Counties. 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.
9.3 Time for Filing Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed with the AAA within one year after such claim or cause of action arose or be forever barred.
10. GOVERNING LAW
This Agreement and the relationship between you and SIP-UA shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions.
11. ENTIRE AGREEMENT
This Agreement and any modifications to it pursuant to Section 6, and the rates for Services found on SIP-UA's website, constitute the entire agreement between you and SIP-UA and govern your use of the Service, superseding any prior agreements between you and SIP-UA and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this Agreement shall be binding upon either you or SIP-UA unless they are made pursuant to Section 6.
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.
SIP-UA 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.
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: Oct 13, 2010
SIP-UA™ Internet phone service allows residential and business customers to use their cable modem, DSL modem, or other BroadBand Internet connection to make and receive Voice over IP (VoIP) phone calls using an ordinary touchtone telephone. We allow customers to connect their own SIP devices, including IP phones, softphones, Cisco Gateways and Asterisk PBXs.
* Significant restrictions apply to Unlimited Plans. Consult the Terms and Conditions for details.
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