Terms of Service
THERE ARE IMPORTANT 911 TERMS, CONDITIONS AND LIMITATIONS RELATED TO THE VOICENETPULSE TELECOM INC. VOIP SERVICE SET FORTH IN SECTION 8 OF THIS AGREEMENT. BY SUBSCRIBING FOR THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS, CONDITIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT INCLUDING THOSE RELATING TO 911.
This agreement (“Agreement”) for Voice and/or Fax over Internet Protocol (VoIP/FoIP) related Services is between VoiceNetPulse Telecom Inc., a Canadian corporation (“we”, “us” or “VoiceNetPulse Telecom Inc.”) and the user (“you”, “user” or “Customer”) of VoiceNetPulse Telecom Inc.’s Service.
1. Definitions
Device(s) – any device(s) including any of its components, such as analog telephone adapter, IP phone, Gateways, Softphone or any other IP connection device. Voice Service – a VoIP/FoIP telephone connection that allows you to make or receive telephone calls over the Internet to or from the public switched telephone network (PSTN) when you subscribe to a VoiceNetPulse Telecom Inc. Service Plan. The Voice Service also permits you to make or receive calls with other VoiceNetPulse Telecom Inc. subscribers entirely over the Internet. Electronic Fax Service – a fax service providing you with the capability to send and receive fax documents using electronic mail (“email”). Service – a Voice Service and/or Electronic Fax Service provided to you by VoiceNetPulse Telecom Inc. with the features then indicated, and subject to the then current terms and rates of the VoiceNetPulse Telecom Inc. Service Plan to which you subscribe as set forth on the VoiceNetPulse Telecom Inc. web site (www.voicenetpulse.com) from time to time.
2. Preamble
You represent that you are, or lawfully represent, a legal person capable of entering into this Agreement. Furthermore, if you are an individual, you are of majority age. This Agreement governs the terms and conditions of both the use of the Service provided, and the Devices used in conjunction with the Service. By activating the Service and by clicking “I Accept” with regards to this agreement, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
3. Term
The Service is offered on a monthly basis for a term that begins on the earlier of the date you activate your account online or 10 days after the date your account was created (herein referred to as the “Anniversary Date”) and ends on the day before the same date in the following month. This Agreement will automatically renew on a monthly basis, at VoiceNetPulse Telecom Inc.’s then current rates and terms, without further action by you unless you provide VoiceNetPulse Telecom Inc. with written notice of non-renewal not less than ten [10] days prior to the end of the monthly term in which the notice is given. You agree that you are purchasing the Service for full monthly terms, meaning that if you terminate the Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee (where applicable), all of which will be immediately due and payable. Upon expiry of the term or termination of the Service, you remain responsible for paying all unpaid and accrued charges due.
4. User Requirements
To use the Service, the user must have a high-speed Internet connection (not provided by VoiceNetPulse Telecom Inc.) via cable, DSL or Ethernet. Typical bandwidth required for each simultaneous telephone call is 40Kbps, however you may require up to 90Kbps in certain circumstances, such as when making a fax call. To use the Electronic Fax Service, the user must provide an email address for purposes of sending and receiving the fax documents, have all equipment necessary to send and receive email and have access to an email service for which, if applicable, user pays any fees associated with such email service. To use the Voice Service, a Device which may be procured from VoiceNetPulse Telecom Inc. is also required. In the case of a VoiceNetPulse Telecom Inc. Softphone Device the user must also have a supported computer. In the case of a VoiceNetPulse Telecom Inc. Mobile App Device the user must also have a supported Smartphone. Also you may elect to connect through a Router. You assume all responsibility regarding the suitability of the router, programming of the router, and connection to the Internet and its ability to carry the traffic required for the Service.
5. Use Of Service
5.1 Conditions Applicable to Home Phone Service Plan Use:
VoiceNetPulse Telecom Inc. Home Phone Service Plans are only for personal use. Use of a Home Phone Service Plan for business purposes is strictly prohibited.
5.2 Conditions Applicable to All Plans:
5.2.1 AS-IS:
The Service and Device are provided to you on an AS-IS basis.
5.2.2 Prohibition Against Resell, etc:
You are not to resell, lease, license, sub- license, transfer or assign the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from VoiceNetPulse Telecom Inc. in advance.
5.2.3 Current Terms:
The features, terms and limitations associated with the Service offered by VoiceNetPulse Telecom Inc. from time to time shall be as then set forth on the VoiceNetPulse Telecom Inc. web site (www.voicenetpulse.com). It is your responsibility to consult the VoiceNetPulse Telecom Inc. web site from time to time to be informed of any new feature, terms and limitations, or changes to the features, terms and limitations, associated with the Service you have subscribed for.
5.2.4 411 Service:
This service is available to Voice Service users and will be billed at the then current rates for this service established by VoiceNetPulse Telecom Inc. as posted on the VoiceNetPulse Telecom Inc. web site (www.voicenetpulse.com). These rates can be changed from time to time without notice at VoiceNetPulse Telecom Inc.’s sole discretion.
5.2.5 Other Users:
You may allow other individuals in your household (when you subscribe to a Home Phone or Mobile Service Plan), business or office (when you subscribe to a Business, SIP Trunking or Fax Services Plan) to use the Service. However you are fully responsible for their compliance with this Agreement and for payment of all charges relating to their use of the Service.
5.2.6 Simultaneous Calls:
Except as otherwise indicated on the VoiceNetPulse Telecom Inc. web site (www.voicenetpulse.com) you may only make one simultaneous call with a Home Phone or Mobile Service Plan.
The number of simultaneous calls possible with a SIP Trunking Service Plan is equal to the number of lines subscribed to with that plan.
For the Business Service Plan the number of simultaneous calls that can be made by any one or more extensions to numbers other than extensions on the same account is equal to five plus the number of extensions subscribed to in that account. The number of simultaneous calls that one extension can make to other extensions on the same account is five.
For the Electronic Fax Service, the number of simultaneous fax calls is limited to ten.
You agree that your use of the Service to make more simultaneous calls than allowed per Service plan will obligate you to pay VoiceNetPulse Telecom Inc. for additional Service plans or lines, in the case of the SIP Trunking Service Plan, and that your will be held accountable for all periods, including past periods, in which you made excess simultaneous calls.
5.2.7 Pay-As-You-Go and Excess Calling Charges:
For users who have subscribed to a VoiceNetPulse Telecom Inc. Pay-As-You-Go Service Plan or a Service Plan that includes some usage and charges for excess usage, you will be charged at the rates indicated on the VoiceNetPulse Telecom Inc. web site (www.voicenetpulse.com) for all calls including incoming calls, outgoing calls and calls to voicemail. Take note that the rates associated with different Service Plans may be different from one another, so care must be taken to consult the rates applicable to your specific Service Plan.
5.2.8 Long-Distance Calls:
Unless included with your specific Service Plan, all calls made using the Service to non-VoiceNetPulse Telecom Inc. subscribers will be considered long distance calls and will be charged to you at the applicable rates as stipulated on the VoiceNetPulse Telecom Inc. web site.
5.2.9 Fair Use:
VoiceNetPulse Telecom Inc., in VoiceNetPulse Telecom Inc.’s sole discretion, hereby reserves the right to terminate your Service (including your Service Plan) with 30 days advance written notice sent by email or regular mail, if User’s calling patterns materially exceed VoiceNetPulse Telecom Inc.’s average subscriber calling pattern under a similar plan. VoiceNetPulse Telecom Inc.’s decision in this regard shall be final. Without limiting the foregoing, use of any VoiceNetPulse Telecom Inc. Service Plan for or by call centers, or for or by any application with continuous or excessive calling patterns, where the calls are included with the plan at no extra cost, is strictly prohibited. Furthermore, use of the Service for auto-dialing, call forwarding, telemarketing (including, without limitation, charitable, marketing or political solicitation or polling), fax broadcasting or fax blasting, is strictly prohibited. VoiceNetPulse Telecom Inc. reserves the right to (1) immediately terminate or modify the Service, and (2) charge an administrative fee of $100.00 per day of service during which Customer engaged in prohibited activities, if VoiceNetPulse Telecom Inc. determines, in its sole discretion, that Customer’s Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement.
6. Use Policy and Prohibitions:
6.1 You agree to abide by the following policy concerning use, as may be modified from time to time and communicated to you via the VoiceNetPulse Telecom Inc. web site, by email or other manner determined by VoiceNetPulse Telecom Inc. in VoiceNetPulse Telecom Inc.’s sole discretion.
By using the Service you hereby agree to:
(a) shall abide by all applicable laws, rules, and regulations relating to, without limitation, the electronic use, posting or transmission of content, software or other matter; and
(b) shall not (nor allow any person to)
(i) use the Service or the VoiceNetPulse Telecom Inc. Web site in any manner which is illegal, fraudulent or deceptive, harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, or otherwise objectionable material of any kind including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, provincial, state, national or international law (including international treaty) or regulation;
(ii) attempt to gain unauthorized access to the database or other network or computer systems of VoiceNetPulse Telecom Inc. or any other person; or
(iii) interfere with another’s use and enjoyment of the VoiceNetPulse Telecom Inc. Services. Furthermore, you may not, nor may you allow others, directly or indirectly, to attempt to or actually:
(a) disrupt, disable, impair or interfere with, overburden, alter or modify the Service or restrict or inhibit in any way any other visitor or user from accessing or using the Service, including, without limitation, by means of “hacking”, “cracking” or defacing any portion of the Service, the Device and/or any activities being conducted on or through the Service;
(b) transmit any software, device, routine or other materials that contain any virus, worm, time bomb, “Trojan horse”, or other harmful, destructive or disruptive component;
(c) use any robot, spider, site search/retrieval application, or other manual or automated device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service; or
(d) collect or harvest any information about other visitors or users of the Service and/or any of VoiceNetPulse Telecom Inc.’s