|
This page will send an email to ProSpeed.net concerning your acceptance of ProSpeed's Standard Terms of Use (AKA Master Services Agreement). You will receive an email copy of your submission.
If you choose not to use this email form, please print out this  file, fill it out, sign it, and send it to ProSpeed by USPS mail or FAX ( 603-897-0100.) You may also scan it and send it to terms@prospeed.net.
To complete this email page, please enter the following information (some fields are required *), read the Master Services Agreement (below), and at the bottom of this page, indicate whether you agree or disagree with the terms of the Master Services Agreement. Then, click the Submit button at the bottom of this page.
Master Services Agreement
71 Spit Brook Rd, Ste. 310
Nashua , NH, 03060
Phone : 603-897-7300, 888-425-7425 Fax: 603-897-0100
www.prospeed.net
Please read this Master Services Agreement (this "Agreement") carefully before
signing since, by signing this Agreement, you consent to all of its terms and
conditions. This Agreement is made by and between PROSPEED.NET
("ProSpeed.net, Inc."), a MA Corporation, and Customer (“Customer”). This
Agreement is effective upon ProSpeed.net, Inc.’s acceptance as indicated by its
signature below on the Effective Date as indicated (the "Effective Date"). The term
"Agreement” shall include any and all Exhibits attached hereto and any and all
Addendums attached hereto on or before the date of execution by ProSpeed.net, Inc.
or later Addendums executed by the parties to this Agreement which reference this
Agreement. The parties signing this Agreement represent they have authority to bind
their respective employers...
1. Service Agreements
Service Agreements are used for the provisioning of
services desired by the Customer. The creation, review and approval of a Service
Agreement initiates the obligations by both parties. Service Agreements with a year
term or more, require authorized signatures to proceed. Collocation customers will
need to provide either a Certificate of Insurance or Waiver of Insurance prior to
scheduling installation.
This Agreement shall automatically renew, after the fulfillment of the original
contractual terms, on a month-to-month basis. .
2. Fees and Billing
Customer agrees to pay the Activation Charges, Monthly
recurring fees and any other fees indicated herein or in any Addendum to the
Service Agreement (collectively, "Service Fees") within thirty (30) days of
invoice. The rates and charges for the Service are set forth in the Service
Agreement. You agree to pay all fees and charges incurred on your account,
including any and all city, state or federal taxes and surcharges, whether
imposed on ProSpeed.net, Inc. or directly on you. ProSpeed.net, Inc. reserves
the right to change the rates and charges for any renewal term by providing
you sixty (60) days written notice in advance of the effective date of change.
Billing is invoiced monthly in advance. Billing will commence when the connection from the ProSpeed.net, Inc. network is completed to your equipment and service is initiated. For Voice Services, billing will not be delayed for porting to be completed. Accounts are in default if payment of all amounts due is not received thirty (30) days after date of invoice, and is subject to collection procedures. Accounts unpaid (60) days after date of invoice will have the Service interrupted or terminated. Such interruption of Service does not relieve you of your obligation to pay for the Service. Accounts over 60 days past due are subject to termination and a $100 advance reconnection fee will be collected along with the outstanding balance. In the event ProSpeed.net incurs fees or expenses, including attorney's fees in collecting or attempting to collect any charges owed, the customer will be liable to ProSpeed.net for the payment of all such fees and expenses incurred. If a customer disputes any portion of the statement, Customer must pay the undisputed portion of the statement in full by the Due Date and submit a written claim fully documenting the reasons the remaining amount is disputed. After ProSpeed.net receives the claim, ProSpeed.net will undertake an investigation of the disputed charges. At the conclusion of the investigation, ProSpeed.net will notify the Customer of any amount determined by ProSpeed.net to be correctly charged and such amount will become immediately due. Unless such a claim is submitted in this manner and received by ProSpeed.net in 45 days from the date the statement is issued, Customer waives all rights to dispute such charges, unless otherwise provided by law.
Any account 45 days past due or over is subject to a $20.00 late fee charge.
2.1 Termination and Termination Charges
In order for
Customer to terminate Service, Customer must provide ProSpeed.net with
thirty days advanced written notice. Please use one of the following methods
for canceling, e-mail: cancel@prospeed.net, fax: 603-897-0100 or regular
mail: 71 Spit Brook Rd., Ste. 310, Nashua, NH 03060. In your cancellation
please include name, address where service is located, service(s) to be
canceled, cancellation request date and reason for leaving. Please also
include updated contact information so we may acknowledge receipt of
cancellation and process your final invoice.
Customers with month-to-month contracts must give 30 days notice. If
Customer does not give 30 days notice, they are subject to a pro-rated
service charge to be remitted upon receipt of Final invoice. Either party may
terminate this Agreement at the end of any initial or renewal term by
providing the other party with at least thirty (30) days written notice.
ProSpeed.net, Inc. may terminate Services for Customer's breach of the
Agreement or the AUPs in section 7 of this agreement
If Prospeed.net fails to meet the basic requirements of it's service level
agreement, Prospeed.net will terminate service without termination fees
under the following conditions; (i) Customer provides to Prospeed.net a
statement in reasonable detail identifying the basis upon which Customer
makes its election; (ii) Customer is available within a reasonable time for a
follow-up interview related to the Service(s), which may include a telephone
interview with an executive or other representative of Customer; (iii)
Customer cooperates with Prospeed.net to address and resolve promptly any
billing issue related to the Service(s) outstanding as of the termination date
of the Service(s); and (iv) there is no outstanding obligation of any kind to
Prospeed.net by Customer or any Customer affiliate as of the date Service(s)
is terminated. Subject to this Appendix, Prospeed.net will cooperate with
Customer to transition the Services and any services of third parties to
another provider as of the effective date of termination.
Termination of Service does not relieve Customer of any obligation to pay
ProSpeed.net for charges due and owing for Services furnished up to the time
of termination.
2.2 Activation Charges
The "Activation Charges" are due and payable upon
execution of this Agreement by Customer if specified by the Service
Agreement. ProSpeed.net, Inc. will not schedule or commence installation,
initiation and Service unless and until Prospeed.net has received payment in full of all
Activation Charges agreed upon.
2.3 Recurring Service Fees
ProSpeed.net, Inc. will begin billing for recurring
Service Fees on the Installation Date herein; If, however, Customer is unable
to use the Services commencing on the Installation Date solely as a result of
delays caused by ProSpeed.net, Inc. (this does not include delays caused by
third party service providers), then the Installation Date herein shall be
extended one day for each day of delay caused by ProSpeed.net, Inc.
3. Services Description:
3.1 T1/T1 Bonded/T1 Point-to-Point Internet Connections:
Terms vary
from month-to-month, 1-year, 2-year or 3-year.
Packet Delivery Guarantee- The Prospeed.net Network has an average monthly Packet loss of 0.1% (or
successful delivery of 99.9% of Packets.) Prospeed.net guarantees a round trip of
60 milliseconds, between router to router. Prospeed.net guarantees a round trip
of 60 Milliseconds between Customers Router to Customers Router on Point-to-
Point circuits. ProSpeed.net monitors aggregate packet loss within the
Prospeed.net network on an ongoing basis and compiles the collected data into a
monthly average packet loss measurement for the ProSpeed network. Packet loss
is defined as the percentage of packets that are dropped within ProSpeed.net’s
network.
After being notified by customer of packet loss in excess of 0.1%, prospeed.net
will use commercially reasonable efforts to determine the source of the excess
Packet loss and to correct such problem to the extent that the source of the
problem is on the ProSpeed.net network.
If ProSpeed.net fails to remedy such excess packet loss within (2) hours of being
notified of any packet loss on the prospeed.net network and the average packet
loss for the preceding 30 days exceeds 0.1%, Customer will receive, at
Customers request, a service credit for the period from the time of notification by
the customer until the average Packet Loss of the preceding 30 days is less the
0.1%. Customer may obtain no more then 1 Month service credit for any given
month.
Response and Repair Times- In the event of a service outage, excluding a force majeure event, Prospeed.net
will respond within thirty minutes after receiving the notification of the outage
from either internal network monitoring or customer. After receiving notification
of the outage, Prospeed.net shall restore the service on its failed system with in a
four hour period.
Service Outage Length Reimbursement- 5 minutes or less: None
Between 5 minutes and 1 hour: 2% of monthly recurring revenue of the circuit.
Each hour above 1 hour: An additional 5% of the monthly recurring revenue of
The circuit, capped at 50% of the monthly recurring revenue for any single
service outage and 100% of the monthly recurring revenue for all service outages
to that same circuit in any month.
ProSpeed.net, Inc. is not responsible for end user delaying repairs of circuit.
3.2 Ethernet Services
Availability objective per month: 99.999%
Bandwidth Guarantee: Prospeed.net guarantees, that full port to port Circuit
bandwidth is available for the customers use at all times.
3.3 Voice Over Internet Protocol (VOIP)
Term is month-to-month. First
month charges are pro-rated and all applicable state and federal taxes apply.
Billing commences on the day when dial tone becomes available and calls can be
place and received. Billing will not be delayed waiting for porting to complete.
Equipment (ATA) has a 1-year warranty from order date. Replacement ATA will
be $100 thereafter. If ordering or porting a toll free number, please indicate the
point to number.
3.4 Hosted PBX and ipTrunking Services
Term is month-to-month. First
month charges are pro-rated and all applicable state and federal taxes apply.
Billing commences on the day when dial tone becomes available and calls can be
place and received. Billing will not be delayed waiting for porting to complete.
3.5 DSL:
Term is month-to-month or 1-year. First month charges are pro-rated
and all applicable state and federal taxes apply.
3.6 Collocation Services
Term is month-to-month. Certificate of Insurance or
Waiver of Insurance is required prior to scheduling installation.
Bursting, 95th percentile explanation
On a monthly basis, Customer purchases a minimum amount of committed
bandwidth for each Service for the specified term. To account for the
instances that Customer's traffic bursts over the minimum committed amount
of bandwidth, Prospeed utilizes a billing method referred to as the "95th
Percentile Rule" as defined below.
1. ProSpeed shall invoice Customer on a monthly basis in advance for the
minimum committed bandwidth at the rate agreed upon. ProSpeed's SNMP
bandwidth monitoring will sample (record a data point reflecting how much
bandwidth Customer is utilizing at that particular instance) the inbound and
outbound for each Service connection every 5 minutes and store those samples
for a period of one month.
2. At the end of the month, all the data samples for the inbound and
outbound are collected and sorted from highest to lowest individually. The
highest 5% of each the inbound and outbound are discarded and the next
highest remaining data sample on either the inbound or outbound is the "95th
Percentile" number. This number is used as the basis for computation of any
additional charges for that particular month of Service over the minimum
committed bandwidth. If the 95th Percentile number falls below the monthly
minimum committed amount, no additional charges will be assessed.
Example:
Customer has committed to 20.0 Mbps per month. Prospeed gathers all data
samples for the month of Service and sorts them from highest to lowest
discarding the top 5%. For the purpose of this example, the 95th Percentile for
the month of Service was 25 Mbps. Prospeed will bill Customer for the additional
charges of 5 Mbps. Less the previously invoice 20Mbps of contractually
committed bandwidth. The 5 Mbps of "over usage" will be billed at the "burst
rate." Further, if the 95th Percentile calculation resulted in a number less than
20Mbps no additional charges would occur for that month.
4. Local and Long Distance Services Description: N/A
5. Dispatch Support
ProSpeed.net will dispatch technical support personnel
to the Customer's premise and attempt to resolve all problems with connectivity
at the Customers request 24/7. If it is determined by ProSpeed.net that all
systems and equipment furnished by ProSpeed.net are functioning properly and
that the problem arose from another cause, Customer is responsible for paying
ProSpeed.net's labor and materials fees for the dispatch services. ProSpeed.net's
labor fees are $100.00 per hour dispatched between 7 a.m. and 7 p.m. weekdays
and $150.00 per hour dispatched at all other times.
6. Customer Equipment
ProSpeed.net is not responsible for the operation and maintenance of any
equipment, hardware, and/or software Customer provides. Customer is
responsible for ensuring that Customer equipment complies with Subpart D of
part 68 of the Federal Communications Commission's Rules and Regulations.
ProSpeed.net is not responsible for the reception or transmission of signals by
Customer equipment or for the quality of, or defects in, such receptions or
transmissions.
7. Resale
Customer may not resell the Service unless receiving express written
approval from ProSpeed.net, Inc.
8. Acceptable Use Guidelines
Customer shall at all times conform its use of
and comply with all state, federal and international laws with respect to its
utilization of the service. If ProSpeed.net, Inc. is informed by any
governmental authority or other parties of alleged illegal use of ProSpeed.net,
Inc. facilities or ProSpeed.net, Inc. otherwise learns of such use or has reason
to believe such use may be occurring, then Customer will cooperate in any
resulting investigation by ProSpeed.net, Inc. or government authorities. Any
government determinations will be binding on Customer. If Customer fails to
cooperate with any such investigation or determination, or fails to
immediately rectify any illegal use, Customer will be in Breach (defined
below) of this Agreement and ProSpeed.net, Inc. may immediately, and
without further notice, suspend Customer's Service. Your use of
ProSpeed.net, Inc. Network may only be for lawful purposes. Transmission of
any material in violation of any law, regulation or ProSpeed.net, Inc.
Acceptable use policy is strictly prohibited. You agree to hold harmless
ProSpeed.net, Inc. from any claims resulting from your use of the Service or
the use of the Service by any of your customers or others throughout your
chain of distribution, including end users, which damage you or another party.
ProSpeed.net, Inc. may restrict or suspend your rights under the Agreement
and Customer's of the ProSpeed.net, Inc. service at any time to the extent
ProSpeed.net, Inc. deems it is necessary to protect the ProSpeed.net, Inc.
network, including without limitation of ProSpeed.net, Inc. Acceptable Use
policy, with notification to you when such restriction or suspension is no
longer necessary. Such restriction or suspension may continue through date
of termination.
To abide by Prospeed.Net's Acceptable Use Policy (AUP) which can be viewed
at www.prospeed.net/aup.htm
9. Insurance
Collocation customers are required to present a Certificate of
Insurance or Waiver of Insurance prior to scheduling installation.
10. Limitations of Liability
10.1 Personal Injury.
Each Customer Representative and any other persons
visiting ProSpeed.net, Inc. facilities does so at his or her own risk and
ProSpeed.net, Inc. shall not be liable for any harm to such persons resulting
from any cause other than ProSpeed.net, Inc. gross negligence or willful
misconduct resulting in personal injury to such persons during such a visit.
10.2 Damage to Customer Business.
In no event shall ProSpeed.net, Inc. be
liable to Customer, any Customer Representative, or any third party for any
claims arising out of or related to Customer's business, Customer's customers
or clients, Customer Representative's activities at ProSpeed.net, Inc. or
otherwise, or for any lost revenue, lost profits, replacement goods, loss of
technology, rights or service, incidental, special, punitive, indirect or
consequential damages, loss of data, or interruption or loss of use of Service
or of any Customer's business, even if advised of the possibility of such
damages, whether under theory of contract, tort (including negligence), strict
liability or otherwise.
10.3 Damage to Customer Equipment.
ProSpeed.net, Inc. shall not be
responsible for liability for any damage to, or loss of, any Customer
Equipment resulting from any cause other than ProSpeed.net, Inc.' gross
negligence or willful misconduct. In no event will ProSpeed.net, Inc. be liable
to Customer, any Customer Representative, or any third party for any claims
arising out of or related to Customer Equipment of any lost revenue, lost
profits, replacement good, loss of technology, rights or services incidental,
special, punitive, indirect or consequential damages, loss of data, or
interruption or loss of use of any Customer Equipment, even if advised of the
possibility of such damages, whether under theory of contract, tort (including
negligence), strict liability or otherwise.
11. Defense of Third Party Claims and Indemnification.
11.1 Defense. Customer will defend and hold harmless ProSpeed.net, Inc., its
directors, officers, managers, members, employees, agents, affiliates and
customers (collectively, the "Covered Entities") from and against any and all
claims, actions or demands brought by or against ProSpeed.net, Inc. and/or
any of the Covered Entities alleging: (a) with respect to the Customer's
business: (i) infringement or misappropriation of any intellectual property
rights; (ii) defamation, libel, slander or violation of the rights of privacy or
publicity; or (iii) any other offensive harassing or illegal conduct. (b) any
personal injury or property damage to any Customer employee, Customer
Representative, any escorted person or other Customer designee arising out
of such individual's activities related to the Services, unless such injury or
property damage is caused solely by ProSpeed.net, Inc. gross negligence or
willful misconduct; or (d) any other damage arising from the Customer
Equipment or Customer's business (collectively, the "Covered Claims"). In
the event of any claim under this paragraph, ProSpeed.net, Inc. may select
its own counsel.
11.2 Indemnification.
Customer hereby agrees to indemnify ProSpeed.net, Inc.
and each Covered Entity from and against all damages, costs, and fees
awarded in favor of third parties in each Covered Claim, and Customer will
indemnify and hold harmless ProSpeed.net, Inc. and each Covered Entity
from and against all claims, demand, liabilities, losses, damages, expenses
and costs (including reasonable attorney fees) (collectively, "Losses") suffered
by ProSpeed.net, Inc. and each Covered Entity which Losses result from or
arise out of a Covered Claim.
11.3 Notification.
Customer will provide ProSpeed.net, Inc. with prompt written
notice of each Covered Claim of which Customer becomes aware, and, at
ProSpeed.net, Inc. sole option, ProSpeed.net, Inc. may elect to participate in
the defense and settlement of a Covered Claim, provided that such
participation shall not relieve Customer of any of its obligation under this
Agreement.
12. Reliance on Disclaimer, Liability Limitations and Indemnification Obligations.
Customer acknowledges that ProSpeed.net, Inc. has set its prices
and entered into this Agreement in reliance upon the limitations and exclusions of
liability, the disclaimers of warranties and damages and Customer's indemnity
obligations set forth herein, and that the same form an essential basis of the
bargain between the parties. The parties agree that the limitations and
exclusions of liability and disclaimers specified in this Agreement will survive and
apply even if this Agreement is found to have failed of their essential purpose.
13. Conditions of Breach.
Breach of this Agreement will occur if either party does
not fulfill its obligations under this Agreement and such Breach is not cured within
fifteen (15) days of written notice by the other party. Specifically relating to
payment of Recurring Service Fees, the Customer will be in Breach of this
Agreement if Customer has not paid its invoice within sixty (60) days of the date
the invoice is due, with no notice required. Nothing in this Section shall
supercede any other provision granting ProSpeed.net, Inc. the right to
immediately terminate or suspend Services under certain circumstances.
14. Remedies for Breach.
If Customer is in Breach of this Agreement,
ProSpeed.net, Inc. may (a) discontinue all Services to Customer; (b) disconnect
Customer from its telecommunications services; or (c) remove Customer
Equipment from Colocation Space and place Customer Equipment in storage. If
ProSpeed.net, Inc. is in Breach of the Agreement, Customer has the right to
withhold recurring Service Fees for the time period from which the Breach
occurred to the date that the Breach was cured.
15. Miscellaneous Provisions
15.1 Force Majeure.
Except for the obligation to pay money, neither party will
be liable for any failure or delay in its performance under this Agreement due
to any cause beyond its reasonable control, including act of war, acts of God,
earthquake, flood, embargo, riot, sabotage, labor shortage or dispute,
governmental act or failure of the Internet, provided that the delayed party:
(a) gives the other party prompt notice of such cause, and (b) uses its
reasonable commercial efforts to correct promptly such failure or delay in
performance.
15.2 No Lease.
This Agreement is a services agreement and is not intended to
and will not constitute a lease of any real or personal property. In particular,
Customer acknowledges and agrees that Customer has not been granted any
real property interest in ProSpeed.net, Inc. premises, and Customer has no
rights as a tenant or otherwise under any real property or landlord/tenant
laws, regulation or ordinances.
15.3 Marketing.
Subject to Customer’s prior written consent and ProSpeed.net Inc.’s compliance with Customer’s brand guidelines (which will be provided upon request), ProSpeed.net, Inc. may refer to Customer by trade name and
trademark in ProSpeed.net, Inc. marketing materials and web site. All
trademarks, goodwill and related intellectual property rights associated with Customer's trade name and trademarks will inure solely to Customer.
15.4 Government Regulations.
Customer will not export, re-export, transfer,
or make available, whether directly or indirectly, any regulated item or
information to anyone outside the U.S. in connection with this Agreement
without first complying with all export control laws and regulations which may
be imposed by the U.S. Government and any country or organization of
nations within whose jurisdiction Customer operates or does business.
15.5 Assignment.
Neither party may assign its rights or delegate its duties
under this Agreement either in whole or in part without the prior written
consent of the other party, except to a party that acquires substantially all of
the assigning party's assets or a majority of its stock as part of a corporate
merger or acquisition. Any attempted assignment or delegation without such
consent will be void. This Agreement will bind and inure to the benefit of
each party's successors and permitted assigns.
15.6 Notices.
Any notice or communication required or permitted to be given
hereunder may be delivered personally, deposited with an overnight courier,
sent by confirmed facsimile, or mailed by registered or certified mail, return
receipt requested, postage prepaid, in each case to the address of the
receiving party first indicated above, or at such other address as either party
may provide to the other by written notice. Such notice will be deemed to
have been given as of the date it is delivered, or five (5) days after mailed or
sent, whichever is earlier.
15.7 Relationship of Parties.
ProSpeed.net, Inc. and Customer are
independent contractors and this Agreement will not establish any
relationship of partnership, joint venture, employment, franchise or agency
between ProSpeed.net, Inc. and Customer. Neither ProSpeed.net, Inc. nor
Customer will have the power to bind the other or incur obligations on the
other's behalf without the other's prior written consent, except as otherwise
expressly provided herein.
15.8 Choice of Law and Arbitration.
This Agreement will be governed by and
construed in accordance with the laws of the State of Nevada. Each party
agrees to submit any and all disputes concerning this Agreement, if not
resolved between the parties, to binding arbitration less than one (1) neutral,
independent and impartial arbitrator in accordance with the Commercial Rules
of the American Arbitration Association ("AAA"); provided, however, the
arbitrator may not vary, modify or disregard any of the provisions contained
in this Section. The decision and any award resulting from such arbitration
shall be final and binding. The arbitrator is not empowered to award
damages in excess of compensatory damages and each party hereby
irrevocably waives any right to recover such damages with respect to any
dispute resolved by arbitration. Both parties shall equally share the fees of
the arbitrator. The arbitrator may award attorney's fees to the prevailing
party as determined by the arbitrator.
15.9 Changes Prior to Execution.
Customer represents and warrants that it
made no changes to this Agreement prior to providing this Agreement to
ProSpeed.net, Inc. for its acceptance and execution, and that ProSpeed.net,
Inc. alone incorporated any and all changes negotiated between, and
accepted by, Customer and ProSpeed.net, Inc. into this Agreement or into an
addendum executed by both parties.
15.10 Entire Agreement.
This Agreement represents the complete agreement
and understanding of the parties with respect to the subject matter herein,
and supersedes any other agreement or understanding, written or oral. This
Agreement may be modified only through a written instrument signed by both
parties. Both parties represent and warrant that they have full corporate
power and authority to execute and deliver this Agreement and to perform
their obligations under this Agreement and the person whose signature
appears above is duly authorized to enter into this Agreement on behalf of
the respective party. Should any terms of this Agreement be declared void or
unenforceable by any arbitrator or court of competent jurisdiction, such terms
will be amended to achieve as nearly as possible the same economic effect as
the original terms and the remainder of the Agreement will remain in full
force and effect. If a conflict arises between Customer's purchase order
terms and this Agreement, this Agreement shall take precedence. In the case
of international, federal, state or local provisions to the contrary on the face
of this purchase order, attachments to this purchase order, or on the reverse
side of this purchase order, this purchase order is being used for
administrative purposes only, and this purchase order is placed under the
subject solely to the terms and conditions of this Agreement executed
between Customer and ProSpeed.net, Inc.
15.11 Warranties.
The liability of ProSpeed.net for damages arising out of the furnishing of
Service, or arising out of the failure to furnish Service, shall be limited to the
extension of credit allowances or refunds of sums paid under each applicable
Service Order. The extension of such credit allowances or refunds shall be
sole remedy of Customer and the sole liability of ProSpeed.net. With respect
to any ProSpeed.net Service, Customer must indemnify, defend, and hold
harmless ProSpeed.net from and against all claims, damages, liabilities, costs,
and expenses.
15.12 Amendment.
This Agreement may be modified or amended in writing, if the writing is signed by both parties under this Agreements.
15.13 Notice.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address listed on the Service Order.
15.14 Severability.
If any provision of this Agreement will be held to be invalid or unenforceable
for any reason, the remaining provisions will continue to be valid and
enforceable. If a court finds that any provision of this Agreements is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision will be deemed to be written, constructed,
and enforced as so limited.
16. "911" AND SERVICE REQUIREMENTS.
16.1 Limited 911 Services. ProSpeed.net, Inc. currently offers limited 911
dialing capability with its VoIP voice services. When you dial 911, your call is
routed from the ProSpeed.net, Inc. network to the Public Safety Answering
Point (PSAP) or local emergency service personnel designated for the address
that you listed at the time of activation. Please note that certain PSAP’s do
not accept or answer calls routed to them in the manner described herein.
End User must notify ProSpeed.net, Inc. of address change so that End User’s
permanent address records can be updated for 911 purposes. If End User
moves ProSpeed.net, Inc. VoIP phone to a temporary location, End User
address and location will not be automatically known to the 911 operator, if
reached. By subscribing to ProSpeed.net, Inc. services, End-User
acknowledges that ProSpeed.net, Inc.’s Services do not support traditional
911 emergency dialing at this time. Nevertheless, End-User agrees to notify
as appropriate, any of its users of the Services, who may place calls using
End-User’s phone. End-User agrees to maintain an alternative means of
accessing traditional 911 services such as traditional telephone services or
cellular phone services.
16.2 "911" Liability Disclaimer. Neither ProSpeed.net, Inc. nor its officers,
employees nor vendors 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 911 dialing. You agree to indemnify and hold harmless
ProSpeed.net, Inc. and its third party ProSpeed.net, Inc.s from any claim or
action arising out of the misrouting or incompletion of 911 calls.
ProSpeed.net, Inc. and its third party ProSpeed.net, Inc.(s) disclaim any and
all liability or responsibility in the event such information or routing is
incorrect or 911 calls are not completed.
16.3 Outages due to Electrical, Internet or other General Failures. End-
User acknowledges that the Services, including limited 911 services, will not
function in the absence of electrical power, access to the Internet or other
general failures associated with the VOIP network. 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.
16.4 Non-Voice Systems. End-User acknowledges that the Services are not set
up to function with out-dialing systems including home security systems,
medical monitoring equipment, satellite television systems and some facsimile
systems. End-User has no claim against ProSpeed.net, Inc. for interruption or
disruption of such systems by the Services.
Note: If you select 'I Disagree', please be advised that ProSpeed.net cannot provide service to you at this time. An email will be sent to the Sales Team to advise them that you are not in agreement with the Terms of Use.
|
Terms of Use
