Acceptable Use Policy

DIAL FUSION AND OMNIVoIP ACCEPTABLE USE POLICY

1. Prohibited Uses: Any use of the Service or any other action that causes a disruption in the network integrity of Dial Fusion or its third-party providers, whether directly or indirectly, is strictly prohibited and could result in termination of Service. Client understands that neither Dial Fusion nor its third-party providers are responsible for the content of the transmissions that may pass through the Internet and/or the Service. Client agrees that it will NOT use the Service in ways that violate any local, state, or federal laws, regulation, and/or rules, infringe the rights of others, or interfere with the users, services, or equipment of the network. Client agrees and represents that it is purchasing the Service for its own internal use only, and shall not resell, transfer or make a charge for the Services without the advance express written permission of Dial Fusion. Use of Service shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, or any other activity that would be inconsistent with residential or small business usage, unless specifically agreed to otherwise in writing by Dial Fusion and Client.
2. Emergency Services – 911 Dialing: Client acknowledges and understands that Dial Fusion VoIP Service is wholly different than traditional 911 services. Client acknowledges and understands that the Dial Fusion VoIP Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, calling card calls or dial-around calls. Dial Fusion VoIP Service may not support 311, 511, and other x11 services in one or more service areas.

   Client will be required to register the physical location of Client’s equipment (desk phone, softphone, videophone or mobile phone) with Dial Fusion and agree to call Dial Fusion Client service to update the location whenever the physical location of service for a particular telephone number changes. Client may register only one location at time. IF CLIENT DOES NOT UPDATE THE PHYSICAL LOCATION OF CLIENT’S EQUIPMENT (DESK PHONE or SOFTPHONE) WHEN IT CHANGES, CLIENT’S 911 CALLS MAY BE SENT TO AN INCORRECT EMERGENCY CENTER.

   911 services will not function if Client’s equipment, or any other equipment through which a 911 call is processed, fails or is not configured correctly or if Dial Fusion VoIP Services and Equipment is not functioning for any reason, including, but not limited to: a loss of electrical power or power outage, broadband service (internet service) outage, or suspension or disconnection of Client’s VoIP Services. If there is a loss of power or power outage, Client may be required to reset or reconfigure Client’s Equipment prior to being able to use VoIP Services, including for 911 purposes. 911 calls may not connect to the Public Safety Answering Points (“PSAP”) or may improperly ring to the administrative line of the PSAP, which may not be staffed after hours, or by trained 911 operators, or 911 call may correctly connect to the PSAP, but not automatically transmit the Client’s phone number and/or location information. There may be a greater possibility of 911 calls not going through, or taking longer to be answered, due to network congestion, as compared to traditional 911 dialing over traditional public telephone networks.

   Dial Fusion does not have any control over whether, or the manner in which, calls using Dial Fusion VoIP Service are answered or addressed by any local emergency response center. Dial Fusion disclaims all responsibility and liability for the conduct of local emergency response centers and the national emergency calling center. Dial Fusion relies upon the Client’s sole responsibility, as well as third parties to assist in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. Dial Fusion disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Dial Fusion disclaims all liability for any VoIP Service outage and/or inability to dial 911 using Dial Fusion’s VoIP Service, or to access emergency service personnel due to the 911 dialing characteristics and limitations set forth in this Agreement.

   911 Disclosure: All Broadband Phone Services (including 911 calling) will not function during a power outage and may not function during network congestion. Calls to 911 services should only be made on a Direct Communications-local phone exchange service address, otherwise 911 calls may not route directly to a 911 operator. VoIP 911 service is different from traditional 911. This information is delivered from a database that requires up to 4 days to update once the new information is provided. If Client relocates a VoIP phone to a different address, updating the E911 database requires additional effort on the part of the Client. If Client moves or moves the location to which VoIP service is being provided, it is Client’s responsibility to notify Dial Fusion of the new physical address. Please make sure that the physical address registered with Dial Fusion is the correct physical address where Client’s phone will be used. If you do not provide Dial Fusion with the proper address and require the use of emergency services, your E911 calls will appear with old address information resulting in emergency crews being dispatched to the last registered physical address. E911 surcharges will be charged on your monthly statement.
   

3. Software Based Phone (“Zoiper” and/or “Webphone”) – E911 Calling Not Available: Dial Fusion may make available to Client a Software Based Phone (“Zoiper” or “Webphone”), which allows Client to receive phone calls through a software program that runs on Client’s personal computer (“PC”). Client will NOT be able to place outgoing calls using the Software Based Phone to emergency services through 911, E911 or the emergency numbers. Dial Fusion strongly recommends that Client has, at all times, access to a standard telephone or a cellular phone to place emergency phone calls whenever Dial Fusion’s outbound Software Based Phone is being used.
4. Porting Numbers: Dial Fusion will require a completed and signed Letter of Authorization (“LOA”) for any numbers or toll-free numbers Client wishes to port. In addition, Dial Fusion will require a recent, applicable copy of Client’s current phone bill that contains the Client’s billing telephone numbers as well as a record of any numbers that need to be ported. Necessary LOA(s) and bill copy(s) must be received by Dial Fusion before Dial Fusion initiates the port request. Dial Fusion shall not be responsible or liable for any claims or damages resulting from Client’s requests for porting of numbers. Client may submit port request and all required documents via the Dial Fusion Number Port Request Form
   
5. Telephone Number: Telephone numbers provided by Dial Fusion (“Number”) to the Client shall be leased and not sold. Client is not to use the Number with any other device or service without the express written permission of Dial Fusion. Dial Fusion reserves the right to change, cancel or move the Number at its sole discretion. If, however, Client chooses to ‘port’ their existing phone number into the Dial Fusion VoIP Service, Client shall also be able to ‘port’ the number out of the Dial Fusion network upon termination of service if Client has maintained an account in good standing with Dial Fusion.
6. Incompatibility With Other Services: Dial Fusion Services may not be compatible with non-voice communications equipment, including but not limited to: home security systems; TTY; medical monitoring equipment; TiVo; satellite television systems; PBX; Centrex; other private telephone networks; other broadband services; home networking; or computer modems. There may be other services with which Dial Fusion Services are incompatible. Dial Fusion does not warrant that the Services will be compatible with all broadband services. Some providers of broadband service may provide modems that prevent the transmission of communications using Dial Fusion’s Services. DIAL FUSION EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY OF THE SERVICES WITH ANY PARTICULAR BROADBAND SERVICE. CLIENT WAIVES ANY CLAIM AGAINST DIAL FUSION FOR INTERFERENCE WITH OR DISRUPTION OF THESE SERVICES AND EQUIPMENT.
7. Indemnification: Client agree to indemnify, defend, and hold Dial Fusion its, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless for Client’s acts and omissions and from any and all third-party claims, losses, liability, damages, suits, judgments, and costs (including reasonable attorney’s fees and costs) arising from Client’s access to and/or use of the Services, Client’s violation of this agreement, or Client’s infringement, or infringement by any other user of Client’s account, of any intellectual property or other right of any person or entity. Dial Fusion will notify Client promptly of any such claim, loss, liability, or demand, and will provide Client with reasonable assistance, at Client’s expense, in defending any such claim, loss, liability, damage, suit, judgment or cost. Client agreement to indemnify shall survive this Agreement.

8. Legal Compliance: Client is required to use the System in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) professional licensing requirements; (b) Do-Not-Call (“DNC”) list prohibitions; (c) telephone solicitor registration and bonding requirements; (d) consumer cancellation rights; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages; (g) opt-out rules; (h) mandatory disclosures (i) intellectual property rights and restrictions; and (j) all other product and industry regulations. By making any use of the Products or Application, Client expressly warrants to Dial Fusion that Client is and shall continue to act in full compliance with the law. All Dial Fusion offers are void where prohibited by law. Client agrees that Client has read and understands the FTC’s Telemarketing Sales Rule (“TSR”), the FCC’s Telephone Consumer Protection Act (“TCPA”), if applicable, the Canadian Radio-television and Telecommunications Unsolicited Telecommunications Rules (“UTR”), and all other applicable laws and regulations. Client should review these rules with Client’s own legal counsel to ensure that Client understands and is fully compliant. Dial Fusion does not assume responsibility for ensuring that Client’s marketing campaigns meet applicable legal requirements. Dial Fusion will not assume any liability if Client is ever held guilty or liable for any law violation. Notwithstanding the foregoing, Client acknowledges that Dial Fusion has and is taking active steps to ensure the compliance of its customers, including by having Client agree to these terms.