PAYMENT.Payment for all VoIP and bundled (VoIP and Internet) services shall be due by the due date stated on the applicable invoice. Failure to pay in full by this date will result in a $10 late fee. Failure to pay in full within thirty (30) days of the due date will result in immediate account suspension and Lake Linx shall have no liability for such suspension under any circumstances. Accounts will be reactivated, at Lake Linx’ sole discretion, only when the account balance is paid in full, including any late fee, and a $35 reconnection fee is paid. All other provisions regarding payment or billing disputes shall be governed by Lake Linx’ Terms and Conditions.
EQUIPMENT.Customer may need to purchase certain equipment for Lake Linx’ VoIP Services. Procuring and maintaining equipment not provided by the Company is Customer’s sole responsibility.
All equipment obtained from Lake Linx in connection with VoIP Service is subject to the Equipment Return Policy set forth in Lake Linx’ Terms and Conditions.
TOLL CHARGES.Every call using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Service Plan, which Lake Linx will include in bills and Customer will pay. Calls to a non-Lake Linx telephone phone number outside the United States and Canada will be charged at the current rates published on the Lake Linx website. The duration of each call is to be calculated in one-minute increments and rounded up to the nearest one-minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent When Customer dials an international PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by a Customer to an international mobile, rather than landline, or premium rate telephone number, may result in higher toll charges. Charges to Customer for inbound toll-free numbers are subject to the geographic restrictions and location of the person calling into the toll-free number.=
METERED CALLING PLANS.Lake Linx offers several monthly metered plans for some of its products and Services. Each metered calling plan provides Customer with a toll-free or local telephone number and a fixed number of Plan Credits each month for a monthly fee, excluding taxes, surcharges, and fees. When Customer exhausts initial paid allotment of Plan Credits for Customer metered plan, unless Customer advise us otherwise in writing, we will automatically purchase the minimum package for additional minutes for Customer plan on Customer behalf (and Customer Account will be charged accordingly). Additional minute usage will be debited at the applicable per minute rate(s) for Customer metered plan. However, in some limited instances, calls placed under a metered plan may not be counted against Customer monthly allotment (e.g., calls made via a local phone number to leave or check voicemail or configure a system and calls answered on the Lake Linx softphone). Please check the details of Customer metered plan to determine which calls (if any) are not counted against Customer monthly minute allotment. For international calling, international rates will apply.
UNLIMITED PLAN.Lake Linx offers unlimited monthly plans for some of its products and Services. An unlimited plan provides Customer with a local or toll-free telephone number and is subject to the terms and restrictions of the Terms and Conditions set forth above and other restrictions described in this Agreement. Unlimited plans are not available to customers using the Services for call center operation. If, for any reason, Lake Linx believes that Customer is using the unlimited plan for a prohibited purpose and/or Customer call usage violates the Use Policy, then Lake Linx may, in its sole discretion with or without notice, either terminate Customer unlimited plan or immediately convert Customer unlimited plan to a metered plan, as set forth above.
INTERNATIONAL CALLING.Because Plan Credits are quoted for domestic minute usage, Customer may be charged additional Plan Credits and/or additional rates may apply if Customer uses Customer Plan Credits for international calling. Lake Linx’ current international rates are available at www.Lake Linx.com. To make international calls using the Services, Customer must purchase the minimum package of international calling credits. If Customer dials an international number and do not have any credits to make such call, Customer will automatically purchase the minimum package in order to complete such call. In addition, Customer may be charged any applicable Taxes and Fees associated with international calls. Customer is advised to refer to Customer specific plan details regarding all domestic and international charges and all other terms and conditions of Customer plan.
RECORDING CONVERSATIONS.Certain Lake Linx Services provide a function that allows Customer to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, Customer is required to obtain consent from all parties to a record a conversation. Customer is solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. Lake Linx expressly disclaims all liability with respect to Customer recording of telephone conversations. Customer hereby agrees to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Lake Linx from and against any damages or liabilities of any kind related to Customer recording of any telephone conversations using the Services.
GRANT OF RIGHTS.Lake Linx grants Customer a non-exclusive, non-transferable, revocable license, and right to use each VoIP line exclusively with one user under Customer Account, subject to all the other terms of this Agreement. Accordingly, if Customer wants to allow multiple users to use the VoIP Service, Customer will need to purchase at least one VoIP line for each user.
OPERATOR ASSISTED CALLING, 311, 511, AND OTHER X11 CALLING.The VoIP Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900, or calling card calls). The VoIP Service may not support 311, 411, 511, and/or other X11 calling (other than 911 and 711 as specified in this Agreement) in one or more service areas.
711 CALLING.The VoIP Service allows Customer to dial 711 to reach Telecommunications Relay Services (“TRS”). TRS enables persons with hearing or speech disabilities to access the public telephone system and communicate with voice telephone users through a communications assistant at a TRS relay center. Because the VoIP Service allows Customer to use a phone number that may not reflect Customer geographic location, 711 calls made using the VoIP Service may not be routed to the appropriate TRS center for Customer geographic location.
ADDITIONAL TERMS FOR DIRECTORY LISTING SERVICE.Lake Linx offers a directory assistance listing Service (“Directory Assistance Listing”) associated with Customer assigned toll free and/or local number Account, for which the following additional terms shall apply. By subscribing to Directory Assistance Listing, Lake Linx will share certain information about Customer Account with third-parties as reasonably necessary to provide phone directory assistance (“Listing Information”). This information may include, without limitation, Customer company name, address, and phone numbers. This information will be published in, and made publicly-available through, third-party directory assistance listing services, to be selected by Lake Linx or third-party service providers in their sole discretion. Customer hereby permits and grants Lake Linx a worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up license to use and disclose Customer Account information for these purposes. Customer further acknowledge that by subscribing to Directory Assistance Listing, Customer Listing Information may enter the public domain and that Lake Linx cannot control third parties’ use of such information obtained through Directory Assistance Listing. Customer represents and warrants that the information provided in Customer Account, including without limitation Customer company name and address, are true and accurate, and shall remain true and accurate (whether by updating such information or otherwise), at all times that Customer uses the Services.
Customer may opt out of Directory Assistance Listing at any time. Customer acknowledges, however, that Lake Linx may not be able to have Customer Listing Information removed from some or all third-party directory assistance listing services that have already received Customer information. Customer agrees that Lake Linx is under no obligation to have Customer Listing Information removed from any third-party directory assistance listing service already in receipt of such information.
Lake Linx bears no responsibility or liability for any cost, damages, liabilities, or inconvenience caused by calls made to Customer telephone number; materials sent to Customer; inaccuracies, errors, or omissions with Listing Information; or any other use of such information. For the avoidance of doubt, Lake Linx shall not be liable to Customer for any use by third parties of Customer Listing Information obtained through Directory Assistance Listing, including without limitation the use of such information after Customer has opted out of Directory Assistance Listing.
RELEASE OF NUMBERS.Customer acknowledges that in the event of any account termination or cancellation, all telephone numbers associated with Customer account may be released. Similarly, the cancellation of individual services which have associated telephone numbers will result in the release of such numbers. Customer acknowledges that it is Customer responsibility to work with a third-party provider to port out those numbers prior to Customer termination or cancellation of Customer account or termination of services.
CREDENTIALS NECESSARY TO ACCESS SERVICES.Customer is responsible to secure all credentials used to access the Services, including credentials used by telephones or softphones and credentials used by end users or administrators to access the Lake Linx user interface, as well as the media access control (MAC) address of telephones used by Customer. Customer acknowledges that placing telephones on a publicly accessible internet protocol address or a publicly accessible network will subject the Customer to a higher level of risk for fraudulent activity, as will use of the Services using a network that has not been secured using best practice measures. Customer acknowledges that Customer bears the risk of loss arising from any unauthorized or fraudulent usage of the Services. Lake Linx may, but shall not be required, to take action to prevent or terminate any fraud or abuse in connection with the Services.
ANCILLARY SERVICES.Caller name identification (i.e., caller ID with name) Services is provided by Lake Linx are based on availability of such Services from Lake Linx’ underlying providers. We do not guarantee that such Services are available for all numbers in all serving areas
TELEPHONE NUMBER.Any telephone number provided by Lake Linx (“Number”) to Customer shall be leased and not sold. Customer will not use the Number with any other device other than the Equipment without the express written permission of Lake Linx. Except with regard to telephone numbers which had been assigned to Customer by another service provider and then ported to Lake Linx (“Ported Numbers”), Lake Linx reserves the right to change, cancel or move Numbers in its reasonable discretion. Upon termination of the Services and at Customer’s request, Lake Linx will employ commercially reasonable efforts to assist Customer to port out the Numbers and the Ported Numbers and Lake Linx will charge a port out fee of $5.00 per Number or Ported Number. Customer acknowledges that the porting of all Numbers and Ported Numbers is dependent upon the cooperation of third parties not under the control of Lake Linx.
SINGLE LINE ACCOUNTS.Customer may be able to take, or “port,” Customer current telephone number(s) to another service provider. Customer will remain responsible for all charges and fees until Customer notifies Lake Linx of Customer election to cancel services. Until Customer notifies Lake Linx of Customer intention to cancel, Customer Service and Customer agreement will not terminate, Customer will remain a Customer, and Customer will continue to be responsible for all charges and fees associated with Customer Lake Linx Service. Customer will not receive any refund or partial refund or any credits for any charges already billed to Customer account.
MULTIPLE-LINE ACCOUNTS.If Customer requests that a new service provider port a number from us and Customer has multiple numbers assigned to Customer account and/or additional equipment on Customer account, Customer is required to inform us of Customer intent to terminate the specific affected Services on Customer account or we will continue to bill for such Services. Customer will continue to be responsible for all the charges and fees associated with the remaining Services on Customer Lake Linx account. Customer will not receive any refund or partial refund or any credits for any charges already billed to Customer account. Telephone numbers assigned by Lake Linx for Lake Linx’ facsimile service cannot be ported to a new service provider without the assistance and cooperation of Lake Linx, Inc.’ underlying partner who provides their phone numbers. Lake Linx will use commercially reasonable efforts to facilitate a port of a facsimile number which was ported on Customer behalf to Lake Linx by another service provider. Customer may be required to pay a porting fee to Lake Linx of not less than $100 per facsimile number ported
REQUEST FOR Lake Linx TO PORT NUMBERS.Lake Linx will use reasonable efforts to facilitate number transfers or port requests for Customer, provided that Customer complies with the necessary and specific procedures for porting between service providers.
Customer acknowledges and understand that number porting depends on the cooperation of third parties outside of Lake Linx’ control. Accordingly, Customer agrees that Lake Linx will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party.
Lake Linx works with third party carrier(s) who, on Lake Linx’ behalf, port telephone numbers in accordance with applicable Regulatory Rules and Industry Guidelines. Lake Linx’ third-party carrier(s) require very specific and detailed information and requirements when completing a port request. FAILURE TO PROVIDE ANY INFORMATION REQUESTED BY Lake Linx OR THE THIRD-PARTY SERVICE PROVIDER WILL DELAY THE PORTING OF THE NUMBER TO Lake Linx. Lake Linx SHALL NOT BE RESPONSIBLE FOR ANY DELAY IN THE PORT OF CUSTOMER NUMBER AND WILL NOT PROVIDE CREDIT FOR ANY SUCH DELAYS.
Please be informed that Customer will be required to provide such detailed and specific information to complete a port request. For porting numbers into Customer Lake Linx Account, follow the procedures on Customer Account settings page for transferring a number to Customer Lake Linx Account. For porting numbers out of Customer Lake Linx Account, follow the procedures of Customer new service provider. Customer understands that porting Customer number out of Customer Account does not automatically terminate Customer Lake Linx Account.
Number porting is defined and regulated by the Federal Communications Commission (FCC). Visit http://www.fcc.gov/cgb/numberportability to learn more about number porting.
Lake Linx cannot guarantee requested telephone numbers will be available, that Customer existing provider will port Customer number, or that circumstances beyond Lake Linx’ control will not prevent or delay a successful port of Customer number for the Services. Customer should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until that telephone number becomes active on Customer Account. Lake Linx shall not be liable for reimbursement for press releases, business cards, and/or stationery under any conditions.
Customer understands and agrees that Lake Linx may from time to time need to change the telephone or facsimile number assigned to Customer (due to an area code split or for any other reason). Lake Linx shall not be liable for any damages (including consequential, special damages or other damages) to Customer in the event that it needs to assign Customer a new telephone or facsimile number.
DESCRIPTION OF 911-TYPE DIALING CAPABILITIES – ADRESS REGISTRATION.Lake Linx’ VoIP 911 Service(“VoIP 911 Service”) operates differently than traditional 911 service. We are required by the FCC to advise Customer of the circumstances under which 911 may not be available or may be in some way limited by comparison to traditional 911 service. Such circumstances include:
Number Flexibility & Service Portability.Traditional 911 service automatically sends Customer 911 call to the appropriate local emergency responder, or Public Safety Answering Point (“PSAP”), based on Customer telephone number. Traditional Enhanced 911 service (also known as E911) automatically sends Customer 911 call to the appropriate PSAP along with Customer registered address and telephone number. Because Customer address does not necessarily correspond with Customer telephone number, Customer must provide Lake Linx with the street address(es) where Customer will be using Lake Linx VoIP Service (“Registered Location(s)”) when Customer signs up for service.
If Customer relocates any equipment (PC with softphone, IP phone, or ATA with traditional phone) that Customer uses to access the VoIP Service, Customer must update Customer Registered Location(s). If Customer does not update Customer Registered Location(s), any 911 calls Customer make using the VoIP Service will be routed based on Customer previously provided Registered Location and therefore may not be routed to the appropriate PSAP for Customer new location.
Once Customer notifies Lake Linx of a change in Customer Registered Location, there may be a delay in making the new Registered Location available to properly route 911 calls and advise PSAPs of Customer new Registered Location.
In some parts of the country where direct routing to PSAPs is not available for VoIP 911 Service, the Service will route Customer call to the National Emergency Call Center where trained agents will ask for the name, location, and telephone number of the person calling 911 and will contact the appropriate PSAP to send help. The call center will not automatically receive Customer address and telephone number. In these situations, public safety response times may be delayed. As a result, there may be an additional delay before emergency services arrive.
Internet Connection Failure. If the connection to the wired broadband Internet over which Customer Lake Linx VoIP Service is provided is interrupted, Customer would not have access to Lake Linx VoIP Service during that interruption and therefore will not have access to VoIP 911 service during that interruption.
LOSS OF ELECTRICAL POWER.Unless Customer has a backup system to power Customer wired broadband Internet connection and any equipment (PC with softphone, IP phone, ATA with traditional phone) that Customer uses to access Customer VoIP Service, Customer will not have phone service or 911 service during any power outage. An optional battery back-up feature is available for your Lake Linx VoIP Service. With a fully-charged battery (or batteries), the battery back-up feature will power the basic calling functions of Lake Linx VoIP service for up to twenty-four (24) hours, depending on the type of battery backup device installed, in the event of a power outage. The battery back-up feature will not power cordless phones, Internet or TV service, or alarm system equipment. A power failure or service disruption may require you to reset or reconfigure equipment prior to using the Service. Battery backup systems can be purchased by contacting Lake Linx customer service at (888) 225-1571 or customerservice@Lake Linx.com
POSSIBILITY OF NETWORK CONGESTION AND/OR REDUCED SPEED FOR ROUTING OR ANSWERING 911.Customer acknowledges and agrees that (a) network congestion and/or reduced speed in the routing of a 911 communication made utilizing Customer equipment may be greater than that experienced when using traditional 911 dialing over traditional public telephone networks; (b) 911 dialing from Customer equipment will be routed to the general telephone number for the local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider’s facilities when such calls are routed using traditional 911 dialing; and (c) the general telephone number for the local emergency service provider may produce a busy signal or may take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
AUTOMATED NUMBER IDENTIFICATION.Technical limitations may make it impossible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify Customer phone number when Customer dials 911. The local emergency operators answering the call may not see Customer telephone number or Customer registered address. The emergency center may not be equipped to receive, capture or retain Customer telephone number and registered address, so Customer must be prepared to give them this information. Until Customer give the operator Customer phone number, he/she may not be able to call Customer back or dispatch help if the call is dropped or disconnected, or if Customer is unable to speak. Lake Linx’ system is configured to send the automated number identification information; however, one or more telephone companies that route the traffic to the PSAP, and the PSAP itself, may not be able to receive the information and pass it along. Customer acknowledges and agrees that PSAP and emergency personnel may or may not be able to identify Customer phone number in order to call Customer back if (a) the call is unable to be completed; (b) the call is dropped or disconnected; c) Customer is unable to speak to tell the dispatcher the location of Customer phone number and/or (d) the Service is not operational for any reason.
LIMITATION OF LIABILITY AND INDEMNIFICATION RELATED TO E/911 SERVICES.Lake Linx relies on third parties for the forwarding of information underlying such routing. Lake Linx and its third-party provider(s) disclaim any and all liability in the event such forwarded information or routing is incorrect. Lake Linx and its officers, directors or employees may not be held liable for any claim, damage, loss or other cause of action, and Customer hereby waives any and all claims, damages, loss or causes of action, arising from or relating to Lake Linx’ 911 dialing.
Customer agrees to defend, indemnify and hold harmless Lake Linx, its officers, directors, employees, affiliates, agents and its third party provider(s) from any and all third party claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of, or resulting from (a) Customer failure to correctly activate 911 calling; (b) Customer provision to Lake Linx of incorrect information in connection with Customer 911 calling or service; (c) misrouted 911 or E911 calls; or (d) the absence, failure or outage of the Service, including 911 dialing and/or inability of any user of Customer Service to be able to dial 911 or to access emergency service personnel.
ALTERNATIVE 911 ARRANGEMENTS.Customer acknowledges and agrees that (a) Lake Linx does not offer primary line or lifeline services; (b) the equipment and Services do not support 911 emergency dialing or other emergency functions; and (c) users of the Services, who may place calls using Customer phone services, need to be notified of the 911 limitations.
Lake Linx ADVISES CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES SUCH AS TRADITIONAL TELEPHONES AND CELLULAR PHONES. CUSTOMER SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES.
E911 SERVICE FEE. CUSTOMERS THAT ARE REQUIRED TO SUBSCRIBE TO Lake Linx E911 SERVICE MAY BE SUBJECT TO A MONTHLY E911 SERVICE FEE (IN ADDITION TO ANY APPLICABLE STATE 911 TAX BASED ON CUSTOMER’S SERVICE ADDRESS), UNLESS OTHERWISE STATED IN THE AGREEMENT. THE MONTHLY E911 SERVICE FEE SHALL BE IN ADDITION TO THE APPLICABLE SERVICE FEES FOR THE ASSOCIATED LINE. THE MONTHLY CHARGE FOR Lake Linx E911 SERVICE IS ASSESSED ON A “PER-LINE” (THAT IS, PER PHONE NUMBER BASIS), AND WILL BE SET AT A LEVEL THAT REIMBURSES Lake Linx FOR THE DIRECT COSTS IT INCURS IN PROVIDING Lake Linx E911 SERVICE, INCLUDING EXPENSES Lake Linx INCURS, EITHER DIRECTLY OR INDIRECTLY, IN THE FORM OF STATE, COUNTY OR MUNICIPAL E911 SURCHARGES, E911 AUTOMATIC LOCATION INFORMATION (ALI) DATABASE STORAGE, LINE INFORMATION DATABASE AND CALLER ID (LIDB/CNAM) EXPENSES, AND ANY OTHER TAXES OR SURCHARGES DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE PROVISION OF E911 SERVICES TO CUSTOMERS SUBSCRIBING TO THE SERVICES. Lake Linx RESERVES THE RIGHT TO ADJUST THE LEVEL OF CHARGES ASSOCIATED WITH THE PROVISION OF E911 SERVICES TO REFLECT INCREASES OR DECREASES IN THE COSTS IT INCURS.