Voip Dialing Terms & Conditions

Terms and Conditions

VoIP Dialing.com ("VoIP Dialing") makes available for your (sometimes referred to as “Customer”) use on its websites ("Website" or "Site") information, documents, software and products (collectively "Materials") and various services offered by VoIP Dialing (each a "Service" and collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Service"). By accessing or using this Site, Materials or Service, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Service.

VoIP Dialing may modify the Materials, Services, and Terms of Service at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

VoIP Dialing may maintain many different language versions of the Website, and in the event there is any inconsistency between the English version of VoIP Dialing's Terms of Service, End User License Agreement or Privacy Policy on the Website and any other language version, the English version shall be binding.

SERVICE


Term

Service is offered for VoIP Dialing accounts and any other services ordered from VoIP Dialing and the term of the Services shall continue as long as any balance remains on such accounts. The Services will terminate One Hundred Eighty (180) days from the date of purchase on your account or your last recharge of such account, whichever is later. ALL PREPAID AMOUNTS FOR SERVICES ARE ONLY REFUNDABLE FOR UNUSED PRE-PAID USAGE FUNDS, EXCLUDING THE MONTHLY SUBSCRIPTION FEES (FOR THAT CURRENT MONTH) WITHIN THE FIRST 180 DAYS OF DEPOSIT AT VOIP DIALING' S SOLE DISCRETION AND IN NO EVENT AFTER 180 DAYS OF DEPOSIT. Due to our verification process, all funds may not be available for immediate use.

There are no refunds for prorated Monthly Recurring Charges (MRC's) or costs related to DID's (phone numbers).

Authorized Use/Fraud/Telephone Consumer Protection Act

If you have subscribed to VoIP Dialing's Business services, the Service and Materials are provided to you as a business user. This means that you are not to resell or transfer the service or Materials to any other person for any purpose, without express written permission from VoIP Dialing in advance. VoIP Dialing reserves the right to immediately terminate or modify the Service, if VoIP Dialing determines, in its sole discretion, that your Service is being used for any activities deemed fraudulent or abusive or are not complying with the any state or federal “Opt-In” or “Opt-Out” telemarketing or SMS consumer protection laws, the National Do Not Call List, and expressly the Telephone Consumer Protection Act and regulations. You agree that you are responsible for all use(s) related to your account. Customer will be responsible for the additional costs of Services if it is determined that automated dialing systems are being used with the Services without accessing the proper VoIP Dialing auto-dialing platform. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the Service via your account with or without your permission. You acknowledge that VoIP Dialing will be sending you information, including your Password, via e-mail over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information and telephone calls you transmit over the Internet. In order to maintain the security of your Service, you should safeguard your network, connection/s, User IDs and Passwords and all that apply. You agree to notify VoIP Dialing immediately, in writing or by calling the VoIP Dialing support line, if you become aware at any time that your Service is being stolen or fraudulently used.

Customer is solely responsible for fraudulent calls or data transmitted utilizing the Services. Customer is solely responsible for selection, implementation and maintenance of security features for protection against unauthorized calling, and VoIP Dialing shall have no liability therefor. Customer is solely responsible for payment of all long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder regardless of whether such use was intended or authorized by Customer. Customer shall defend, indemnify and hold harmless VoIP Dialing from and against all costs, expenses, claims or actions arising from fraudulent calls of any nature carried by means of the Services. Customer shall not be excused from paying VoIP Dialing for Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a corresponding portion of the Services. In the event VoIP Dialing discovers fraudulent calls being made, nothing contained herein shall prohibit VoIP Dialing from taking immediate action, without notice to Customer, witch is reasonably necessary to prevent such calls from taking place. Notwithstanding the foregoing, it is understood that VoIP Dialing is under no obligation to investigate the authenticity of calls charged to Customer's account and shall not be liable for any fraudulent calls processed by VoIP Dialing and billed to Customer's account.

AUTO-DIALING ACCESS

Customer is solely responsible to properly access the proper platform for its services to utilize auto-dialing.

RECORDING OF CALLS

VoIP Dialing hereby puts Customer on notice that any calls between Customer and VoIP Dialing personnel may be recorded for quality assurance and other commercially reasonable purpose. Customer hereby acknowledges and agrees that such calls may be recorded.

EQUIPMENT/NO EQUIPMENT WARRANTIES

Any equipment sold to Customer by VoIP Dialing for use in conjunction with Services will be subject to the terms and conditions set forth herein. VoIP Dialing assumes no responsibility for equipment purchased by a customer that is not utilizing VoIP Dialing Services. VOIP DIALING IS NOT AN “AUTHORIZED RESELLER” FOR ANY EQUIPMENT MANUFACTURER. VOIP DIALING IS MERELY ACTING AS AN ORDER PROCESSOR FOR DISTRIBUTION FACILITIES FOR EQUIPMENT ORDERS AND ANY PRODUCT WARRANTY ISSUES ARE BETWEEN CUSTOMER AND THE MANUFACTURER AND VARY FROM SUPPLIER TO SUPPLIER. As applicable, VoIP Dialing will use commercially reasonable efforts to arrange a “drop ship” the equipment to Customer via certified carrier with tracking technology. Customer is responsible to be present for receipt of delivery. Customer must unpack and place the equipment in a secure and environmentally controlled space. VoIP Dialing expressly disclaims that any Customer provided equipment will be suitable or compatible with the Services. Customer will not be able to discontinue Services or be entitled to a refund for Services because of a failure of equipment or because equipment it is using is incompatible with VoIP Dialing Services. In its sole discretion VoIP Dialing may accepts returns of equipment under certain circumstances to be determined on a case-by-case basis. Any return VoIP Dialing agrees to will be subject to shipping costs and a restocking fee of not less than 20% of the purchase price.

The failure of equipment to work properly with VoIP Dialing Services, whether or not it was purchased from or through VoIP Dialing or provided by Customer, shall not excuse or be a defense for Customer's payment obligations of the VoIP Dialing Services contracted for.

PRE-PAYMENT

For most Services, VoIP Dialing charges Customer in advance for Service. Credit cards kept on file will also be charged all monthly recurring charges and other costs one month in advance. Upon payment verification, you may be required to submit additional documentation establishing your identity and place of business in order to have your Service activated. VoIP Dialing may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with VoIP Dialing is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to VoIP Dialing for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by VoIP Dialing owing to your non-payment, such as (but not limited to) collection costs and attorney's fees and costs. By using the Service, you authorize that any charges incurred from the use of the Service, and any monthly recurring charges or additional charges incurred for any reason shall be debited from your VoIP Dialing account and can be charged to the credit card on file. You hereby agree that you are responsible for payment of all applicable charges on your call detail report incurred as a result of the use of your VoIP Dialing account for the Service, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. All funds in your VoIP Dialing account may not be available for immediate use due to our verification process. Any fraudulent action by the user to avoid payment will be prosecuted to the fullest extent of the law. If VoIP Dialing suspects fraudulent use of your VoIP Dialing account, it may suspend or terminate your VoIP Dialing account without notice.

Other custom labor/services - Terms and Post Pay

Installation, local-network configurations, wiring, and other labor at Customer location are not part of our included services, yet it can be ordered and accepted on case-by-Case basis, per VoIP Dialing sole discretion. VoIP Dialing reserves the right to use inhouse associates or 3rd party vendors for such custom projects. Customer hereby acknowledges that the scope of work will be limited to local-networking and labor which does not require a contractor license. Customer is required to prepare prior to arrival, a suitable & stable internet connection with log-in access to any local firewall, router, and any DHCP enabled connected device/s. Failure to do so may extend the worktime substantially and may disable us from properly completing the project. Customer failure to meet these requirements will not reduce or waive any required payment for work conducted. Exact cost and billing for such project may not be available in advance due to variables such as length of time at the worksite, cost of materials, cost of any additional equipment ordered or needed, 3rd party vendor billing, overtime, travel and other passthrough cost, and alike. Customer payment for such services and passthrough costs is due immediately, but not later than 10 business days of completion. According to, and as allowed by applicable laws, VoIP Dialing reserves the rights to place a Lien against your property(real estate, corporation/s, personal assets, and as applied) unless balance have been paid in full.

BILLING, DISPUTES, & PLAN CHANGES

For Services provided to a Customer that are not pre-paid, VoIP Dialing will render to Customer monthly bills for the subscription fees, non-recurring charges (if applicable), and any other charges for Services provided and any taxes, fees and surcharges related to the Services. All subscription fees for monthly recurring charges are due and payable no later than 10 days after the invoice date. Other terms and conditions of billing and payment may be provided herein. Late payments and past due bills will be subject to late fees and the maximum allowable rate of interest.

If you register for one of our services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the VoIP Dialing services. Billing increments are based on the plan selected during sign up. You must notify us in writing of any disputed charges within thirty (30) days of the charges or you will have waived your right to dispute the charges.

To change your plan or any setting on your account, please contact Customer Service at cs@voipdialing.com or call 855-834-2546. Allow up to three (3) business days for requests to be processed, as applicable.

VoIP Dialing may change the prices for the Services and toll charges from time to time. VoIP Dialing may change prices, plans, taxes or fees without any advance notice. In the event of a change in prices or toll charges, VoIP Dialing may post such changed rates to the web site currently located at www.voipdialing.com. All domestic and international calling rates may be updated as reasonable on the web site and no other notice shall be provided for changes to calling rates.

TAXES/FEES/SURCHARGES

Prices for the Services do not include any customs, duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by Customer and will be added to any amounts otherwise charged to Customer unless Customer provides VoIP Dialing with an appropriate exemption certificate. If any amounts paid for the Services are refunded by VoIP Dialing, applicable taxes may not be refundable. The invoice from VoIP Dialing depending on the Services, may also include (in addition to taxes), certain fees and surcharges.

INTELLECTUAL PROPERTY

Trademarks

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of VoIP Dialing (collectively "Marks") are and shall remain the exclusive property of VoIP Dialing and nothing in these Terms of Service shall grant you the license to use such Marks.

Copyright

All Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of VoIP Dialing. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

Use of Software

The software that is made available to download from this Site is the copyrighted work of VoIP Dialing and/or its suppliers and partners. Use of such software is governed by these Terms of Service and the terms set forth in the applicable End User License Agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

WARRANTIES AND DISCLAIMERS

Hyperlinks or other web pages accessible from this site will enable you to leave VoIP Dialing's site. The linked sites are not under the control of VoIP Dialing and VoIP Dialing is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. VoIP Dialing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VoIP Dialing of the site. VoIP Dialing and its affiliates do not control or endorse the content of third party websites. All services and materials provided on this site are provided "as is". VoIP Dialing does not make any warranties of any kind, either express or implied, including without limitation warranties of title or non-infringement, or any implied warranties or merchantability or fitness for a particular purpose with regard to the services or materials, any transaction performed through the services or on the internet generally, or as to the quality of the call. VoIP Dialing shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. VoIP Dialing does not warrant that the services or materials will be uninterrupted or error-free or will operate without packet loss or interruption nor does VoIP Dialing warrant any connection to or any transmission over the internet or that any defects in the services or materials will be corrected. You assume total responsibility and risk for your use of the services, materials and the internet.

Statements and descriptions concerning the Service, Software or Materials, if any, by VoIP Dialing or VoIP Dialing's agents or installers are informational and are not given as a warranty of any kind.

CUSTOMER ACKNOWLEDGES THAT VOIP DIALING SERVICES ARE DEPEDENT ON CUSTOMERS INTERNET ACCESS CIRCUITS. THE SERVICES WILL NOT WORK WHEN CUSTOMERS INTERNET ACCESS IS UNAVAILABLE. SERVICE OUTAGES OF THE CUSTOMERS INTERNET ACCESS PROVIDER DOES NOT RELIEVE CUSTOMER OF ITS OBLIGATIONS FOR PAYMENT TO VOIP DIALING. VOIP DIALING DOES NOT OPERATE OR CONTROL THE INTERNET OR PUBLIC TELEPHONE NETWORK. CUSTOMER AND ITS AUTHORIZED USERS ASSUME ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE FROM USE OR ACCESS TO THE INTERNET AND/OR PUBLIC TELEPHONE NETWORK, AND ASSUME THE SOLE RESPONSIBLY TO EVALUATE THE ACCURACY, MERCHANTABILITY, COMPLETENESS AND USEFULNESS OF ALL MERCHANDISE, OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES OR ON THE INTERNET AND/OR PUBLIC TELEPHONE NETWORK.

CUSTOMER ACKNOWLEDGES THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT AND/OR MAY BE OFFENSIVE. CUSTOMER HAS AUTHORIZED ITS USERS' ACCESS TO THE INTERNET AND SUCH MATERIALS CONTAINED ON IT AT THEIR OWN RISK.

EMERGENCY 9-1-1 CALLS

Emergency 9-1-1 calls are not intended to be carried and/or supported by the software or services and neither VoIP Dialing nor any of its affiliates, subsidiaries, parent companies, agents, network service providers, partners, or employees are or will be liable for such calls or your failure to make such emergency calls using the materials or services.

LIMITATION OF LIABILITY

In no event will VoIP Dialing be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs, data or information, and the like) arising out of the loss of Customer's Internet Access or the use of or inability to use the site, services or materials, or any transactions provided on the service or downloaded or hyperlinked from the site, even if VoIP Dialing or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through, or hyperlinked from, the site.

INDEMNITY

You agree to indemnify, defend and hold VoIP Dialing, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and costs, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of VoIP Dialing and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

SERVICE CHANGES

You may change Service features or Service plan by notifying us and paying our standard charges, and by complying with any other requirements we include to accomplish the change. Changes will take effect by your next billing cycle. Any person able to provide your name, address, the account number and is authorized by you to receive information about your account, may make changes to the account.

PORTING

You may be able to take, or "port" your current number to another service provider. Once your port is completed through your new service provider, you must email cs@voipdialing.com to cancel your VoIP Dialing service. Until you cancel service with VoIP Dialing, you will remain a VoIP Dialing Customer, and you will continue to be responsible for all charges and fees associated with your Service. If you cancel your Service prior to completion of the port, your Service will not work and your number may not be available for porting. Your account must be active and in good standing in order to port out your number.

TERMINATION

You agree that VoIP Dialing, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. VoIP Dialing may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that VoIP Dialing may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that VoIP Dialing shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

If you fail to pay any amount owed to us within 5 days after the due date, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and with or without prior notice, remove any prior discounts and modify balance due to the then current default rate, suspend or restrict Service and/or terminate this Agreement, in addition to all other remedies available to us. We may require reactivation charges to renew Service after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement, including any applicable cancellation fee. You agree to pay all costs including attorneys' fees, collection costs and court costs we incur in enforcing this Agreement through any appeal.

CANCELLATION

You may cancel your VoIP Dialing Service at any time by providing VoIP Dialing with a written notice of your intent to cancel by sending an email to cs@voipdialing.com or fax to 866-678-4249. You may also call our Customer Service Department at 855-834-2546. When contacting Customer Service to cancel an order, please be ready to provide your name, the account number, and your contact information.

REFUNDS

At VoIP dialing's sole discretion, upon termination of Services your account will receive a refund for any remaining unused pre-paid usage deposits fees, (i.e., no DID costs, monthly program fees and no partial month fees shall be refunded), if requested and/or applicable. You will not receive any refund or partial refund or any credits for charges already billed to your account in the month of cancellation. Activation fees and one-time fees are not eligible for any type of refund; only prepaid unused balances that have been on account less than 180 days will be considered for refund. Non-usage of service does not constitute cancellation of service. All refunds are subject to a $10 processing fee. You must request a refund in writing by fax to 866-678-4249. Please allow up to 10 business days processing time for each refund.

MANDATORY ARBITRATION

Any dispute or claim between User and VoIP Dialing arising out of or relating to the Service or Materials provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and User will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. User acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

GOVERNING LAW; JURISDICTION

These Terms of Service shall be governed and construed in accordance with the laws of the State of Nevada. You agree that in any legal action or proceeding between you and VoIP Dialing for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in the state and federal courts of Nevada and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. VoIP Dialing's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. VoIP Dialing may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

GOVERNING LAW; JURISDICTION

VoIP Dialing may modify these Terms of Service, and the Privacy Policy at any time by posting such modification on the Website and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Service shall be deemed your acceptance of the modifications. Notice will be considered received by you, and such changes will become binding on you, on the date posted to the VoIP Dialing Web Site and no further notice by VoIP Dialing is required. You agree to review these documents regularly as there may be modifications. VoIP Dialing may also make changes to the Website, Materials, and/or Services at any time without notice

VoIP Dialing.com and Your Privacy

Upon registration, our members are required to provide full name, street address, e-mail address, password and other information as apply. This information is used to manage the access to sensitive member-specific information such as account balance, member profile, and eligibility for certain services and benefits provided by VoIP Dialing and its affiliates. Members' correct full name and postal address are required for payment processing. Email address is required to provide value-added services. VoIP Dialing.com will not distribute user information to third-party companies without members' explicit permission.

If we decide to change our Privacy Policy, we will post those changes on our Site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point, we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users via e-mail.

Cookies

Cookies are tiny text files written on a user's computer. VoIP Dialing uses cookies to customize services for its users. Upon registration, all users grant to VoIP Dialing their explicit permission to create and manage cookies to personally identify members and render its services. The users have the option to decline cookies by changing the security setting of their browser, by deleting cookie files, and by terminating their VoIP Dialing account.

Security

VoIP Dialing has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use industry standard procedures and processes, such as firewall, proxies, encryption and monitoring to prevent abuse of our network and its data. Access to user's data is limited to Database Administrators and Customer Service Representatives only. There are several measures implemented to control access to the data, based on login passwords, NT and UNIX file access permissions, and IP address permissions.

For questions regarding the specific security measures in place or regarding this privacy statement, please contact us at cs@voipdialing.com. For safety, we suggest that users protect their account passwords, log out, and close their browsers when away from their computers.

CPNI PROTECTIONS

As a customer of VoIP Dialing Services, Customer has the right, and VoIP Dialing has a duty, under federal law, to protect the confidentiality of certain types of Services, including: (1) information about the quantity, technical configuration, type, destination, location, and amount of Customer's use of its Services, and (2) information contained on Customer's telephone bill concerning the Services Customer receives. That information, when matched to Customer's name, address, and telephone number is known as "Customer Proprietary Network Information," or "CPNI" for short.  Examples of CPNI include information typically available from telephone-related details on Customer's monthly bill, technical information, type of Service, current telephone charges, long distance and local Service billing records, directory assistance charges, usage data, and calling patterns.

APPROVAL

         

From time to time, VoIP Dialing would like to use the CPNI information it has on file to provide Customer with information about VoIP Dialing' communications-related products and Services or special promotions. VoIP Dialing' use of CPNI may also enhance its ability to offer products and Services tailored to Customer's specific needs. Accordingly, VoIP Dialing would like Customer's approval so that VoIP Dialing may use this CPNI to let Customer know about communications-related Services other than those to which Customer currently subscribes that VoIP Dialing believes may be of interest to Customer. IF CUSTOMER APPROVES, CUSTOMER DOES NOT HAVE TO TAKE ANY ACTION; CUSTOMER'S SIGNATURE ON THE SERVICE AGREEMENT SIGNIFIES CUSTOMER'S CONSENT THAT VOIP DIALING MAY USE AND DISCLOSE CPNI AS DESCRIBED HEREIN.

However, Customer does have the right to restrict VoIP Dialing' use of Customer's CPNI. CUSTOMER MAY DENY OR WITHDRAW VOIP DIALING' RIGHT TO USE CUSTOMER'S CPNI AT ANY TIME BY CALLING US. If Customer denies or restricts its approval for VoIP Dialing to use Customer's CPNI, Customer will suffer no effect, now or in the future, on how VoIP Dialing provides any Services to which Customer subscribes. Any denial or restriction of Customer's approval remains valid until Customer's Services are discontinued or Customer affirmatively revokes or limits such approval or denial.

In some instances, VoIP Dialing will want to share Customer's CPNI with its independent contractors and joint venture partners in order to provide Customer with information about VoIP Dialing' communications-related products and Services or special promotions. Prior to sharing Customer's CPNI with its independent contractors or joint venture partners, VoIP Dialing will obtain written permission from Customer to do so.

CUSTOMER AUTHENTICATION

Federal privacy rules require VoIP Dialing to authenticate the identity of its customer prior to disclosing CPNI.  Customers calling VoIP Dialing can discuss their Services and billings with a VoIP Dialing representative once that representative has verified the caller's identity. There are three methods by which VoIP Dialing will conduct Customer authentication:

  • 1)    by having the Customer provide a pre-established password and/or PIN;
  • 2)    by calling the Customer back at the telephone number associated with the Services purchased; or
  • 3)    by mailing the requested documents to the Customer 's address of record.

Passwords and/or PINs may not be any portion of the Customer's social security number, mother's maiden name, amount, or telephone number associated with the Customer's account or any pet name. In the event the Customer fails to remember their password and/or PIN, VoIP Dialing will ask the Customer a series of questions known only to the Customer and VoIP Dialing in order to authenticate the Customer. In such an instance, the Customer will then establish a new password/PIN associated with their account.

NOTIFICATIONS OF CERTAIN ACCOUNT CHANGES

VoIP Dialing will be notifying Customer of certain account changes.  For example, whenever an online account is created or changed, or a password or other form of authentication (such as a "secret question and answer") is created or changed, VoIP Dialing will notify the account holder.  Additionally, after an account has been established, when a Customer's address (whether postal or e-mail) changes or is added to an account, VoIP Dialing will send a notification.  These notifications may be sent to a postal or e-mail address, or by telephone, voicemail or text message.

DISCLOSURE OF CPNI

VoIP Dialing may disclose CPNI in the following circumstances:

When the Customer has approved use of its CPNI for VoIP Dialing or VoIP Dialing and its joint venture partners and independent contractors (as the case may be) sales or marketing purposes.

When disclosure is required by law or court order.

To protect the rights and property of VoIP Dialing or to protect Customer and other carriers from fraudulent, abusive, or unlawful use of Services.

When a carrier requests to know whether Customer has a preferred interexchange carrier (PIC) freeze on its account.

For directory listing Services.

To provide the Services to the Customer, including assisting Customer with troubles associated with its Services.

To bill the Customer for Services.

PROTECTING CPNI

VoIP Dialing uses numerous methods to protect Customer's CPNI. This includes software enhancements that identify whether Customer has approved use of its CPNI. Further, all VoIP Dialing employees are trained on the how CPNI is to be protected and when it may or may not be disclosed. All marketing campaigns are reviewed by a VoIP Dialing supervisory committee to ensure that all such campaigns comply with applicable CPNI rules.

VoIP Dialing maintains records of its own and its joint venture partners and/or independent contractors (if applicable) sales and marketing campaigns that utilize Customer CPNI. Included in this, is a description of the specific CPNI that was used in such sales or marketing campaigns. VoIP Dialing also keeps records of all instances in which CPNI is disclosed to third parties or where third parties were allowed access to Customer CPNI.

VoIP Dialing will not release CPNI during Customer-initiated telephone contact without first authenticating the caller's identity in the manner set-forth herein. Violation of this CPNI policy by any VoIP Dialing employee will result in disciplinary action against that employee as set-forth in VoIP Dialing' Employee Manual.

BREACH OF CPNI PRIVACY

In the event VoIP Dialing experiences a privacy breach and CPNI is disclosed to unauthorized persons, federal rules require VoIP Dialing to report such breaches to law enforcement.  Specifically, VoIP Dialing will notify law enforcement no later than seven (7) business days after a reasonable determination that such breach has occurred by sending electronic notification through a central reporting facility to the United States Secret Service and the FBI. A link to the reporting facility can be found at: www.fcc.gov/eb/cpni. VoIP Dialing cannot inform Customer of the CPNI breach until at least seven (7) days after notification has been sent to law enforcement, unless the law enforcement agent tells the carrier to postpone disclosure pending investigation.  Additionally, VoIP Dialing is required to maintain records of any discovered breaches, the date that VoIP Dialing discovered the breach, the date carriers notified law enforcement and copies of the notifications to law enforcement, a detailed description of the CPNI breach, including the circumstances of the breach, and law enforcement's response (if any) to the reported breach. VoIP Dialing will retain these records for a period of not less than two (2) years.

RED FLAG RULES/IDENTITY THEFT COMPLIANCE POLICY

VoIP Dialing has a policy that contains guidelines for compliance with the Federal Trade Commission's ("FTC") "Red Flag Rules," and establishes an Identity Theft Detection, Prevention, and Mitigation Program ("Program") and a policy for addressing discrepancies in consumer reports for VoIP Dialing.

The FTC's Red Flag Rules were published in the Federal Register on November 9, 2007, and some of the rules became effective on November 1, 2008. Other aspects of the rules are effective November 1, 2009. The Red Flag Rules applicable to telecommunications carriers are summarized in 16 C.F.R. Section 681, and Appendix A to Section 681. VoIP Dialing has reviewed these authorities, and has fashioned a Program that complies with the Red Flag Rules' requirements. The Program is designed to work in concert with the Company's policy regarding the protection of Customer Proprietary Network Information ("CPNI"). The Company' CPNI policy is embodied in a separate, written policy designed to protect and regulate the use of CPNI and other confidential subscriber information.

NO WARRANTIES

THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by VoIP Dialing, your sole remedy for such reliance is against the third person making such representation or warranty.