The use of services provided by VOIPo LLC [hereafter referred to as "VOIPo"] constitutes agreement to these terms. BY ORDERING A VOIPO RESELLER ACCOUNT, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE USE OF VOIPO SERVICE CONSTITUTES ACCEPTANCE OF ALL TERMS HERE.
Technical Support
VOIPo does not provide technical support for resold accounts. Providing technical support to end users is the sole responsibility of the reseller. VOIPo does not provide support or troubleshooting of any kind for home networks or router configuration. If VOIPo determines that an issue is isolated to a particular account or is not a broad issue on the VOIPo network as a whole, VOIPo will not be able provide any troubleshooting or assistance with that issue.
VOIPo services will not be compatible with all internet connections, ISPs, routers, or networking equipment. Since service is highly dependent upon the end user's ISP, home network setup, and equipment, VOIPo cannot guarantee that service will work well (or at all) for all users. VOIPo makes no guarantees regarding compatibility with any third-party equipment or service.
Billing
Your reseller account fee will be automatically charge to your credit card aproimately 72 hours prior to the renewal anniversary.
Your reseller account also has a seperate usage balance. All reseller services are prepaid and you must maintain a positive usage balance for calls to complete. If your usage balance drops below $0, all calls will fail. It is the reseller's responsibility to monitor account balances. In the event that VOIPo allows an account balance to drop below $0, VOIPo shall have the right to bring the balance to $0 by charging the credit card on file.
Account credits, coupon credits, and promotional credits issued by VOIPo have no cash or refund value.
Acceptable Usage
Services are intended to be used for typical residential or small business purposes.
VOIPo does not permit dialers, automated calling, outbound telemarketing or any other automated outbound call traffic.
VOIPo reserves the right to determine what calling traffic we deem acceptable on our network.
If automated dialing or other outbound telemarketing is detected, VOIPo may immediately terminate the account and bill short-duration call penalties.
Legal Compliance
VOIPo is acting as a wholesale provider only. VOIPo cannot offer any legal, financial, or accounting advice. It is the sole responsibility of each reseller to comply with any legal, regulatory, or taxation requirements.
Privacy
VOIPo will make attempt to maintain service anonymity so that resold users do not know about VOIPo. Due to the nature of telecom, VOIPo cannot guarantee that a user will not be able to trace their account back to VOIPo.
Pricing
There will be no refunds for charges for phone numbers. Phone numbers cancelled partially through the billing month will NOT receive any prorated credit. All phone number and usage charges are non-refundable under any circumstances. All rates are subject to change at any time. All US pricing applies to the continental US only and does not include Alaska or Hawaii. All unlimited offerings are subject to fair use policies and reasonable use restrictions.
Included Device
All reseller accounts include a free personal VOIPo account with a free lease of a phone adapter. The free leased phone adapter shall remain the property of VOIPo and must be returned prior to cancelling the reseller account. If the device is not returned, you will be billed for it at the normal device rate.
Phone adapters that are purchased from VOIPo become the property of the reseller and do not need to be returned upon cancellation.
Service Limitations
VOIPo services will not be compatible with all internet connections, ISPs, routers, or networking equipment. VOIPo makes no guarantees regarding compatibility with any third-party equipment or service.
Due to the nature of all VoIP services, VOIPo service is not designed to be used for data connections with modems, home security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using VOIPo service in non-voice scenarios.
Right to Refuse Service
VOIPo reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. VOIPo also reserves the right to terminate accounts with or without reason at its sole discretion. If VOIPo terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If VOIPo terminates service for Terms of Service violation, the user is not entitled to any refund.
Privacy
VOIPo utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. VOIPo makes no claims with regards to the privacy of voice packets transmitted over public networks.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold VOIPo harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against VOIPo , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VOIPo against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VOIPo ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Binding Arbitration
By using any VOIPo service, you agree to submit to binding arbitration. If any disputes or claims arise against VOIPo or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of VOIPo's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of VOIPo's choosing. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
Disclaimer
VOIPo shall not be responsible for any damages you or your business may suffer. VOIPo makes no warranties of any kind, expressed or implied for services we provide. VOIPo disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to delivery service, we cannot guarantee uptime or availability of service.
Change of Terms
We may change the terms and conditions of this Agreement from time to time by updating our website. These changes will become binding and effective the date they are posted to our website. No further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.
E911 Service
VOIPo provides all resellers the ability to activate E911 service with each resold account. The following E911 information should be conveyed to all customers utilitizing VOIPo for E911 service.
E911 Disclaimer
VOIPo provides you with phone services over your broadband connection. There is an important difference between the VOIPo service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with VOIPo has important limitations that you should be aware of and that you advise others that may use the VOIPo service in your residence or business.
YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE VOIPo SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.
IF YOU MOVE THE LOCATION OF WHERE YOU USE THE VOIPo SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.
If you lose power or there is a disruption to power at the location where VOIPo is used, neither VOIPo nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the VOIPo device prior to utilizing the service, including the 9-1-1 dialing feature.
If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither VOIPo nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.
If your VOIPo account is suspended or terminated, the VOIPo service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing VOIPo as compared to traditional 911 dialing over traditional public telephone networks.
You are responsible for the accuracy and the completeness of the address that you submit to VOIPo for the location at which VOIPo will be used and to which emergency service will be sent in the event that you use the VOIPo 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which VOIPo will be used. VOIPo uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither VOIPo, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to VOIPo 9-1-1 dialing service unless such claims or causes of action arise from VOIPo's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless VOIPo, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, VOIPo 911 dialing feature or service or access emergency service personnel.
