Digital Phone

TERMS OF SERVICE

These Terms of Service constitute an agreement between WestPAnet, Inc. (hereinafter “WestPA.net”) and the user (hereinafter “you”, “user” or “Customer”) with respect to WestPA.net’s residential voice services or business voice services, as the case may be, and any related products or services.  This Agreement governs both the Service and any devices, such as an IP phone, or IP connection device, used in conjunction with the Service.  By activating the Service, you acknowledge that you have read, understood and agreed to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

1. SERVICE

1.1 Term.  Service is offered on a monthly basis for a term which begins on the date that WestPA.net activates your Service and ends on the day before the same date in the following month.  Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give WestPA.net written notice of non-renewal at least ten (10) days prior to the end of the 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 term, you will be responsible for the full charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to this Agreement.

1.2 Residential Use of Service and Equipment. If you have subscribed to WestPA.net’s residential services, the Service and Equipment are provided to you as a residential user only, for your personal, residential, non-business and non-professional use.  WestPA.net reserves the right to immediately terminate or modify the Service if WestPA.net determines, in its sole discretion, that the Service is being used for non-residential or commercial use.

1.3 Business Use of Service and Equipment/Prohibition on Resale. If you have subscribed to WestPA.net’s Business services, the Service and Equipment are provided to you as a business user.  You agree that the WestPA.net Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. WestPA.net reserves the right to immediately terminate or modify the Service if WestPA.net determines, in its sole discretion, that the Service is being used for any of the aforementioned activities.

1.4 Lawful Use of Service and Equipment. You agree to use the Service and Equipment only for lawful purposes. Customer shall not use the Service or Equipment for transmitting or receiving any communication or material of any kind when in WestPA.net’s sole judgment the transmission, receipt or possession of such communication or material would: (i) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law; or (ii) 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.

1.5 Use of Service and Equipment by Customers Outside the United States. While we encourage use of the Service within the United States to other countries, WestPA.net does not presently offer or support the Service to customers located in other countries.  WestPA.net urges you not to take the Equipment outside of the United States.  If you do and you use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Equipment by any person making use of the Service or Equipment provided to you.

1.6 Loss of Service. You acknowledge and understand that the Service does not function in the event of power failure or failure of your high speed Internet device.  Power disruptions or high speed Internet device failures also will prevent dialing to emergency service numbers including the 911 calling feature.

1.7 Theft of Service. Customer agrees to notify WestPA.net immediately, in writing or by calling WestPA.net’s customer support line, if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used.

1.8 Return of Equipment. All Equipment provided for free by WestPA.net to Customer must be returned to WestPA.net within fourteen (14) days of the termination of Service. Customer agrees that should the Equipment not be returned as required, or if the Equipment has been returned in a damaged condition, WestPA.net will charge you for the full cost of the Equipment.  Under no circumstances will shipping or activation fees be refundable.

1.9 Number Transfer on Service Termination. Upon termination of Service, WestPA.net may, solely at WestPA.net’s discretion, release the telephone number that was ported to WestPA.net by you, if any, and used in connection with your Service provisioned by WestPA.net to your new service provider, if such new service provider is able to accept such number, and provided: (i) your WestPA.net account is paid in full, including payment for all charges and disconnect fees; and (ii) you request the transfer upon terminating your account.

1.10 Service is Not a Regulated Telephone Service. You acknowledge and understand that the Service is not a regulated telephone service. Important distinctions exist between regulated telephone service and the Service provided by WestPA.net. The Service may be subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State regulatory agencies.

1.11 Incompatibility With Other Services.

(a) Home Security Systems. You acknowledge and understand that the Service may not be compatible with your home security system.

(b) Other Communications Equipment. You acknowledge and understand that you may experience difficulties when using the Service in conjunction with certain non-voice communications equipment, including, but not limited to, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems and medical monitoring devices. By accepting this Agreement, you waive any claim you may have against WestPA.net for interference with or disruption of such systems due to the Service.

(c) Dialing Options. You acknowledge and understand that you cannot make 500, 700, 900, 976, 0+ collect calls or dial around calls (e.g., 1010-XXXX). In addition, you agree that this service does not support n11 calling with the exception of 411 and 911, as described below in section 2.

2. EMERGENCY SERVICES – 911 DIALING

2.1 911 acknowledgement and warning labels. End user acknowledges that Westpa.net’s equipment and services support 911 emergency dialing or other emergency differently from traditional wireline 911 services work. The main difference is that the 911 location information is attached to the device that you use (either a digital phone or interface device) rather than the line that enters your home.  These devices operated independent of the line at the home, instead they connect to the phone system using the Internet and will work with any suitable Internet connection no matter where it is located.  So as an example should you move your digital phone to a relative’s home for demonstration purposes, and dial 911, the dispatchers will receive information showing your location as your home and not the relative’s home.

2.2 Registration of Physical Location Required.

(a) Location. For each phone number that you use for the Service, you must register with WestPA.net the physical location where you will be using the Service with that phone number. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by contacting WestPA.net customer service.  For purposes of the 911 dialing feature, you may only register one location at a time for each phone line you use with the Service.   Changes to the 911 location after the initial entry will incur a $15.00 charge.

(b) Permitted Locations. Please note that you will only be able to register in locations served by WestPA.net.

2.3 Blocked Caller ID and 911 Calls. When ‘CALLER ID BLOCK’ is activated on your Digital Phone service, all E911 calls you make will terminate at the National E911 Center instead of your local E911 Center. This will result in your call being handled and transferred manually to your local E911 Center, adding time to emergency response. Additionally, this will incur a $150 charge to your account for this additional processing. We recommend you always allow Caller ID on your Digital Phone Service to avoid delays and extra charges.

2.4 Service Outages.

(a) Service Outages Due to Power Failure or Disruption. 911 dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 dialing, will not function until power is restored.

(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 dialing, from functioning.

(c) Service Outage Due to Suspension or Termination of Your WestPA.net Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 dialing, from functioning.

(d) Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service

4. WARRANTY AND LIABILITY LIMITATIONS and INDEMNIFICATION

4.1 Limitation of Liability. WestPA.net shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1) act or omission of an underlying carrier, service provider, vendor or other third party; 2) equipment, network or facility failure; 3) equipment, network or facility upgrade or modification; 4) force majeure events such as (but not limited to) acts of God; strikes; fire; war; riot; government actions; 5) equipment, network or facility shortage; 6) equipment or facility relocation; 7) service, equipment, network or facility failure caused by the loss of power to Customer; or 8) any other cause that is beyond WestPA.net’s control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. WestPA.net’s liability for any act, omission, failure or mistake shall in no event exceed the amount of Service charges paid by Customer to WestPA.net.

4.2 No Consequential Damages. In no event shall WestPA.net, its officers, directors, employees, members, managers, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to personal injury, death, loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not WestPA.net was informed of the likelihood of any particular type of damages.

4.3 Indemnification. Customer agrees to defend, indemnify, and hold harmless WestPA.net, its officers, directors, employees, members, managers, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney’s fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911dialing, or the Equipment. This paragraph shall survive termination of this Agreement.

4.4 No Warranties on Service. WESTPA.NET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE SERVICE OR THE EQUIPMENT FOR A PARTICULAR PURPOSE. WESTPA.NET DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT SERVICE FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER WESTPA.NET NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO WESTPA.NET’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 WESTPA.NET’S OR ITS SERVICE PROVIDER’S OR VENDOR’S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY WESTPA.NET OR WESTPA.NET’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

4.5 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

4.6 Content. You are liable for any and all liability that may arise out of the content transmitted by or to you or other users using the Services. You shall assure that your or your 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. A “user” means any person, whether authorized or unauthorized, using the Service and/or Equipment provided to you.

5. GOVERNING LAW/RESOLUTION OF DISPUTES/MISCELLANEOUS

5.1 Governing Law. This Agreement and the relationship between you and WestPA.net shall be governed by the laws of the Commonwealth of Pennsylvania.  The failure of WestPA.net to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.  If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of the Agreement remain in full force and effect. 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 within one (1) year after such claim or cause of action arose or be forever barred.

5.2 Entire Agreement. This Agreement and the rates for Services found on WestPA.net’s website constitute the entire agreement between you and WestPA.net and govern your use of the Service, superseding any prior agreements between you and WestPA.net and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon WestPA.net unless and until posted in accordance with Section 3 hereof.

5.3 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

6. PRIVACY

(a) Use of Public Internet. WestPA.net’s Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. WestPA.net is not liable for any lack of privacy which may be experienced with regard to the Service.

(b) Customer Proprietary Information. WestPA.net and its affiliates are committed to protecting the confidentiality of your telecommunications service information, and we have the duty to do so under Federal law. Moreover, Federal law gives you a right to protection of all such information, including how many telecommunications services you have, the type of lines you buy, technical characteristics, class of service, as well as where, when, and to whom you place a call, and the related billing for these services. You have the right to restrict the Company’s use of your customer information for these purposes. Your decision to restrict our use of your customer information is free of charge and will not affect the service you receive from WestPA.net. If you wish to restrict WestPA.net’s use of your customer information, please notify WestPA.net, in writing, at info@westpa.net or call us at 1-877-726-9462 within 30 days of the commencement of your Service. Moreover, you may also contact us at any time in the future to restrict the use of your information. If you elect not to restrict use of your information, the Company may use it for the purposes described in this notice. You may change your decision at any time, but your decision will remain valid until you tell us otherwise. You may receive marketing information from the Company even if you restrict the Company’s use of your customer information. These materials are developed without use of confidential customer information. We also encourage you to contact us at any time to find out about the Company products and services.

7. CHANGES; NOTICES

Notice to Customer of any changes to the “Terms of Service” shall be considered given by posting to the new terms on WestPA.net’s website (currently located at www.westpa.net). Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the WestPA.net website and no further notice by WestPA.net is required.

Revision 12/12/2008