THIS AGREEMENT ("Agreement") is between OregonFAST.net ("we," "us" or "
OregonFAST.net ") and the user ("you," "user" or "Customer") of
OregonFAST.net 's Residential or Small Business enhanced communications or
telecommunications services and any related products or services
("Service"). Both the Service and any devices, such as an IP phone,
Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP
connection device ("Device" or "Equipment"), used in conjunction with the
Service. By activating the Service, you acknowledge that you have read and
understood, and you agree, to the terms and conditions of this Agreement,
and you represent that you are of legal age to enter this Agreement and
become bound by its terms. Also, by activating and/or using the Service, you
agree that you are also bound by the terms of OregonFAST.net 's applicable
state and/or federal tariffs, rate schedules, and public disclosures, which
are incorporated into this agreement by reference.
1. SERVICE
1.1 Term Service is offered on a calendar-month basis, for an initial term
that begins on the date that OregonFAST.net activates your Service and ends
on the last day of the month of your activation. Subsequent terms of this
Agreement automatically renew on a monthly basis without further action by
you unless you give OregonFAST.net notice of non-renewal at least ten [10]
days before the end of the monthly term in which the notice is given. If you
terminate 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
and any and all outstanding charges. Customer is responsible for, and shall
pay, any applicable federal, state, municipal, local or other governmental
sales, use, excise, value-added, personal property, public utility or other
taxes, fees or charges now in force or enacted in the future, that arise
from or as a result of Customer's subscription or use or payment for the
Service or a Device. Such amounts are in addition to payment for the Service
or Devices and will be billed to your account.
1.2.1 Residential Use of Service and Device If you have subscribed to
OregonFAST.net 's Residential services, the Service and Device are provided
to you and your household as a residential user, for your personal,
residential, non-business and non-professional use. This means that you are
not using them for any commercial or governmental activities, profit-making
or non-profit. If you fail to comply with these limitations, OregonFAST.net
reserves the right to immediately terminate or modify the Service, if
OregonFAST.net determines, in its sole discretion and in accordance with
applicable law and/or the rules and regulations of appropriate state and
federal regulatory bodies, that Customer's Service is being used for
non-residential or commercial use.
1.2.2 Small Business Use of Service and Device - Prohibition on Resale. If
you have subscribed to OregonFAST.net 's Small Business services, the
Service and Device are provided to you as a small business user. This means
that you are not to resell or transfer the service or device to any other
person for any purpose. You agree that the OregonFAST.net Small Business
Plans are for ordinary and usual office voice communications and do not
confer the right to use the service for auto-dialing, continuous or
extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or
any type of automated or continuous use. OregonFAST.net reserves the right
to immediately terminate or modify the Service, if OregonFAST.net
determines, in its sole discretion, that Customer's Service is being used
for any of the aforementioned activities, in accordance with applicable law
regarding such terminations.
1.2.3 Bundled Service: You acknowledge and agree that the Services are
offered on a bundled basis (including local, toll, long distance and
international service) and cannot be separated. You acknowledge that these
services (local, toll, and long distance) are not available individually and
that in order to maintain each of the services in the bundle, one must
maintain the others on the same service line. Should you wish to change any
of these services provided by OregonFAST.net, You will terminate your
Service with OregonFAST.net.
1.2.4 Equipment Non-Return Fee : You will be charged an equipment non-return
fee of $45.00 per Device obtained from OregonFAST.net upon termination of
Service for any reason regardless of if such termination is by
OregonFAST.net or you. The equipment non-return fee becomes due and payable
immediately upon termination and will be billed directly to your credit
card. If you have multiple Devices, you will be charged an equipment
non-return fee of $45.00 per Device for each Device belonging to
OregonFAST.net in your possession. To receive a credit for the equipment
non-return fee, you must return the Device(s) undamaged and in original
condition within fourteen (14) days of termination. OregonFAST.net will not
credit you if the Device(s) is damaged or not in its original condition as
received by you. In the event you disconnect multiple lines, OregonFAST.net
will issue you a credit for all equipment non-return fees upon receipt of
all Devices (e.g., Multimedia Terminal Adapters, etc.) in accordance with
this Section. Further, OregonFAST.net reserves the right to charge you for
any power cables, network cables or other incidental equipment (Equipment)
provided to you in addition to the Device should such Equipment not be
returned.
1.3 Lawful Use of Service and Device
1.3.1 Prohibited Uses: You agree to use the Service and Device only for
lawful purposes. This means that you agree not to use them for transmitting
or receiving any communication or material of any kind when in
OregonFAST.net 's sole judgment the transmission, receipt or possession of
such communication would constitute a criminal offense, give rise to a civil
liability, or otherwise violate any applicable local, state, national or
international law. OregonFAST.net reserves the right to terminate your
service immediately and without advance notice if OregonFAST.net, in its
sole discretion, believes that you have violated the above restrictions, or
any Applicable Tariff term, leaving you responsible for the full month's
charges to the end of the current term, including without limitation
unbilled charges, plus an equipment non-return fee, all of which immediately
become due and payable, as may be permitted under Applicable Law. You are
liable for any and all use of the Service and/or Device by any person making
use of the Service or Device provided to you and you agree to indemnify and
hold harmless OregonFAST.net against any and all liability for any such use
that fails to comply with this Section 1.3.1. If OregonFAST.net, in its sole
discretion believes that you have violated the above restrictions,
OregonFAST.net may forward the objectionable material, as well as your
communications with OregonFAST.net and your personally identifiable
information to the appropriate authorities for investigation and
prosecution.
1.3.2 Use of Service and Device by Customers outside the United States:
While we encourage use of the Service within the United States to other
countries, OregonFAST.net does not presently offer or support the Service to
customers located in other countries. If you remove the Device to a country
other than the United States and use the Service from there, you do so at
your own risk, including the risk that such activity violates local laws in
the country where you do so. You are liable for any and all use of the
Service and/or Device by any person making use of the Service or Device
provided to you. Transport or sale of the Device outside of the United
States may result in a violation of US or foreign technology import/export
laws or rules; compliance with which is your sole responsibility.
1.4 Loss of Service Due to Power Failure: You acknowledge and understand
that the Service does not function in the event of power failure. Should
there be an interruption in the power supply to your Device or at any point
in your transmission path, the Service will not function until power is
restored. A power failure or disruption may require the Customer to reset or
reconfigure equipment including your Device or any connecting equipment in
your transmission path prior to utilizing the Service. Power disruptions or
failures will also prevent dialing to emergency service numbers including
any 911 calling feature that may be activated in or accessed by your
Service.
1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or
Software: The Service and Device and any firmware or software used to
provide the Service or provided to Customer in conjunction with providing
the Service, or embedded in the Device, and all Services, information,
documents and materials provided or offered by OregonFAST.net and on
OregonFAST.net 's website(s) are protected by trademark, copyright or other
intellectual property laws and international treaty provisions. All
websites, corporate names, service marks, trademarks, trade names, logos and
domain names (collectively "marks") of OregonFAST.net are and shall remain
the exclusive property of OregonFAST.net and nothing in this Agreement shall
grant you the right to right or license to use such marks. You acknowledge
that you are not given any license to use the firmware or software used to
provide the Service or provided to Customer in conjunction with providing
the Service, or embedded in the Device, other than a nontransferable,
revocable license to use such firmware or software (without making any
modification thereto) strictly in accordance with the terms and conditions
of this Agreement, and that the Device is exclusively for use in connection
with the Service. If you decide to use the Service through an interface
device not provided by OregonFAST.net, which OregonFAST.net reserves the
right to prohibit in particular cases or generally, you warrant and
represent that you possess all required rights, including software and/or
firmware licenses, to use that interface device with the Service and you
will indemnify and hold harmless OregonFAST.net against any and all
liability arising out of your use of such interface device with the Service.
1.6 Tampering with the Device: You agree not to change the electronic serial
number or equipment identifier of the Device, or to perform a factory reset
of the Device, without express permission from OregonFAST.net in each
instance. Doing so shall constitute a violation of this Agreement.
1.7 Theft of Service: You agree to notify OregonFAST.net immediately, by
calling the OregonFAST.net customer service line, if the Device or Service
is stolen or if you suspect or become aware at any time that your Service is
being stolen or fraudulently used. You will be liable for all use of the
Service using a Device or Access Code stolen from you and any and all stolen
Service or fraudulent use of the Service until OregonFAST.net is informed of
the theft.
1.8 Delivery or Warranty of Device; Ownership of the Device: If Customer
receives cartons and/or Devices that are visibly damaged, please note the
damage on the carrier's freight bill or receipt and keep a copy. Keep the
original carton, all packing materials and parts intact and contact
OregonFAST.net 's customer care department immediately. Warranty coverage
varies depending on the type of Device that Customer chooses. Please refer
to the OregonFAST.net warranty materials included in the packaging of your
Device(s). If Customer purchased the Device new from OregonFAST.net and the
Device included a limited warranty at the time of purchase, Customer must
refer to the separate limited warranty document for information on the
limitation and disclaimer of certain warranties. If Customer's Device did
not include a limited warranty from OregonFAST.net at the time of purchase,
Customer agrees that it accepts its Device "as is" and that Customer is not
entitled to replacement or refund in the event of any defect. You understand
that any Device provided by OregonFAST.net for use with the Service is and
remains the exclusive property of OregonFAST.net unless purchased in full by
you. Nothing in these terms should be construed to confer any title, rights
of ownership, or other property rights onto you, the Customer.
1.9 Number Transfer on Service Termination: OregonFAST.net may, solely at
the Company's discretion, release the telephone number that was ported in to
OregonFAST.net by you and used in connection with your Service provisioned
by OregonFAST.net to your new service provider, if such new service provider
is able to accept such number, upon your termination of the Service, and
provided (i) your account has been terminated; and (ii) you request the
transfer upon terminating your account.
1.10 Service Distinctions: You acknowledge and understand that the Service
has different technical limitations than a traditional telephone service.
Technical differences exist between traditional telephone service and this
Service offering provided by OregonFAST.net. The Service may be subject to
different regulatory treatment than traditional or wire line phone service.
This treatment may limit or otherwise affect your rights and
responsibilities before Federal and State regulatory agencies.
2. EMERGENCY SERVICES- 911 DIALING
2.1 Differences in Availability and Operation of Emergency Dialing Service
("911" or "E911"): You acknowledge and understand that the Service does NOT
function or connect the same way as traditional copper, fiber or wire line
telecommunications support for traditional 911 or E911 access to emergency
services. The 911/E911 Services offered by the Company in conjunction with
these services are available only on OregonFAST.net -provided or other
approved Devices as described herein, and only in specific areas, as
specified by the Company, but you acknowledge and understand that 911-type
dialing is NOT automatic. When ordering the service, you must separately
activate such 911-type dialing capabilities by specifically requesting them
at the time of service activation or thereafter, subject to OregonFAST.net,
governmental and/or industry technical approval, availability and
restrictions, with specific confirmation from OregonFAST.net, as described
herein. Such request must contain specific information as requested, and as
may be modified by OregonFAST.net in its sole discretion from time to time,
and must be accompanied by your acceptance of the specific term, conditions
and responsibilities attendant thereto, including but not limited to
maintenance and communication to OregonFAST.net in advance of any changes in
information relating to the physical location for which the 911-type
capabilities may be activated, and/or authorized login, passwords and
authorized users on the account.
OregonFAST.net 911 dialing cannot be used in conjunction with any "Soft
Phone" ("download") application. You agree to inform any household
residents, guests and other third persons who may be present at the physical
location where you utilize the Service as to the non-availability of
traditional 911 or E911 dialing from your OregonFAST.net Service and
Device(s). If you activate OregonFAST.net 911-type dialing service, you
agree to inform any household residents, guests and other third persons who
may be present at the physical location where you utilize the Service as to
the important differences and limitations of OregonFAST.net 911 dialing
service as compared with traditional 911 or E911 dialing, as set forth in
this Agreement, including without limitation the conspicuous posting on the
device of any caution or warning materials as may be appropriate, and you
agree to make reasonable efforts and use reasonable judgment in informing
them of the proper and specific operation and requirements of the Service,
if available, and/or to restrict third parties' access to the Service for
any purpose.
2.2 Description of 911-Type Dialing Capabilities - Activation Required: You
acknowledge and understand that 911-type dialing is NOT automatic. You
acknowledge and understand that you cannot dial 911 from this line unless
and until you have received a confirming email regarding service activation
generally and a primary number assignment associated with the geographic
location you have provided and agree to maintain. Once you have received a
confirming email that such limited 911 dialing has been successfully
activated according to this Agreement and any amendments hereto that may be
posted from time to time on the OregonFAST.net website, you may dial 911 as
needed, provided that all other Service requirements, including but not
limited to, power supply, broadband internet connection, internet service
provider login or "timing out" (even with an automatic restart that may
cause a reassignment by your internet service provider of a different
session-based internet address), and Service login are activated,
operational and uninterrupted for the entire duration of the call. When you
dial 911 from your designated physical location, your call is routed from
the OregonFAST.net network to the Public Safety Answering Point (PSAP) or to
local emergency service personnel designated for the address that you listed
at the time of activation and confirmation. OregonFAST.net can only route
911-type calls within certain geographic areas, from OregonFAST.net
-provided devices and IP phone primary number assignments designated by
OregonFAST.net as geographically appropriate, as locations within such areas
may be confirmed by OregonFAST.net upon service activation. You acknowledge
and understand that any 911-type calls made from any physical or
geographical location other than the physical location designated and
associated with the account, regardless where a caller or third party
desires or requires emergency assistance, will fail. WHEN YOU DIAL 911 ON
YOUR PHONE UTILIZING VOX VOIP SERVICE, YOUR CALL MAY BE ROUTED TO A
DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE
DISPATCHER WILL BE LOCATED AT EITHER THE PUBLIC SAFETY ANSWERING POINT
(PSAP) OR WILL BE LOCAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR THE
ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE.
As described herein, this 911-type dialing currently is NOT the same as
traditional 911 or E911 dialing, and at this time, does not necessarily
include all of the capabilities of traditional 911 dialing. Note, in
particular, that certain features of "E911" may not be available in your
area or technically feasible via this Service. While certain call-back
capabilities, if they are available, may function on this Service, any
interruption before, during or after any call -- in power supply, broadband
internet connection, internet service provider login or "timing out" (even
with an automatic restart that may cause a reassignment by your internet
service provider of a different session-based internet address), or Service
login may cause these features to fail.
2.3 SERVICE OUTAGE: 2.3.1 Power Outage: You acknowledge and understand that 911 dialing, like
the Service as a whole, does not function in the event of a power failure.
Should there be an interruption in the power supply, the Service and 911
dialing will not function until power is restored. A power failure or
disruption may require the Customer to reset or reconfigure equipment,
connections or logins, prior to utilizing the Service or 911 dialing.
2.3.2 Broadband Service Outage: You acknowledge and understand that service
outages or interruptions by your broadband provider will prevent ALL Service
including 911 dialing. Even a brief interruption in your broadband internet
connection may cause the Service and 911 calling to fail until Customer
resets or reconfigures equipment, connections or logins.
2.3.3 Service Outage Due to Suspension of Your Account: You acknowledge and
understand that service outages due to suspension of your account as a
result of billing issues will prevent ALL Service, including 911 dialing.
2.3.4 Other Service Outages: You acknowledge and understand that if there is
a service outage for ANY reason, such outage will prevent ALL Service,
including 911 dialing. Such outages may occur for a variety of reasons,
including, but not limited to, those reasons described elsewhere in this
Agreement.
2.3.5 Limitation of Liability and Indemnification: You acknowledge and
understand that the Company's liability is limited for any Service outage
and/or inability to dial 911 from your line or to access emergency service
personnel, as set forth in this document, and applicable Tariffs. YOU AGREE
TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VOX, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO
FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL
CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR
ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF
THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
2.4 Requires Activation: You acknowledge and understand that 911 dialing
does not function unless you have successfully activated the 911dialing
feature on your account, and until such later date that such activation has
been confirmed to you through a confirming email, and until you have
carefully reviewed the email and, if indicated, have responded to any
informational errors or discrepancies in such email, and, if applicable,
such errors, if any, are corrected and the corrections confirmed in writing
by OregonFAST.net. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU CANNOT DIAL 911
FROM THIS LINE UNLESS AND UNTIL YOU HAVE RECEIVED A CONFIRMING EMAIL. You
agree to carefully review the confirmation email for any errors in your
account information, and understand and acknowledge that OregonFAST.net
relies exclusively on you to provide and review the correct information for
providing your Service.
2.5 Failure to Designate the Correct Physical Address When Activating 911
Dialing: IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR VOX
EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911
COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE
PROVIDER.
2.6 Requires Re-Activation if You Change Your Number: You acknowledge and
understand that 911 dialing does not function if you change your phone
number unless and until you have successfully activated the 911 dialing
feature, and until such later date that such activation has been confirmed
to you through a confirming email. 911 dialing must be re-activated.
Although you may have activated 911 dialing with your former OregonFAST.net
phone number, you must separately activate 911 dialing for any new number.
2.7 Change of Physical Location of Equipment: 911 DIALING WILL NOT FUNCTION
CORRECTLY IF YOU MOVE YOUR OregonFAST.net EQUIPMENT TO A LOCATION OTHER THAN
THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. IN SUCH EVENT, IN ORDER
TO HAVE 911 CALLING ROUTED CORRECTLY, YOU MUST UPDATE YOUR SERVICE ADDRESS
IN ACCORDANCE WITH THE INSTRUCTIONS ON THE OregonFAST.net VOIP SERVICE
WEBSITE.
2.8 Requires Re-Activation if You Move: You acknowledge and understand that
911 dialing does not function properly or at all if you move or change the
physical location of your equipment to a different street address. Failure
to provide the current and correct physical address and location of your
OregonFAST.net equipment will result in any 911 dialing you may make being
routed to the incorrect local emergency service provider
2.9 Possibility of Network Congestion and/or Reduced Speed for Routing 911:
Due to the manner in which it is technically possible to provide the 911
dialing feature for OregonFAST.net VoIP Service at this time, you
acknowledge and understand that there is a greater possibility of network
congestion and/or reduced speed in the routing of a 911 communication made
utilizing your equipment as compared to traditional 911 dialing over
traditional public telephone networks. You acknowledge and understand that
your call may be routed to a different dispatcher than that used for
traditional 911 dialing. The dispatcher will be located at either the public
safety answering point (PSAP) or will be local emergency service personnel
designated for the address you listed at the time you registered for the
service. You acknowledge and understand that there may be a greater
possibility that the general telephone number for the local emergency
service provider will produce a busy signal or will 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.
2.10 Automated Number Identification: At this time in the technical
development of OregonFAST.net 911 dialing, it may or may not be possible for
the Public Safety Answering Point (PSAP) and the local emergency personnel
to identify your phone number when you dial 911. OregonFAST.net 's system is
configured in most instances to send the automated number identification
information; however, the phone system routes the traffic to the PSAP and
the PSAP itself must be able to receive the information and pass it along
properly, and they are not yet always technically capable of doing so. You
acknowledge and understand that PSAP and emergency personnel may or may not
be able to identify your phone number in order to call you back if the call
is unable to be completed, is dropped or disconnected, or if you are unable
to speak to tell them your phone number and/or if the Service is not
operational for any reason, including without limitation those listed
elsewhere in this Agreement.
2.11 Automated Location Identification: At this time in the technical
development of OregonFAST.net 911 Dialing, it may not be possible to
transmit identification of your service address that you have listed to the
Public Safety Answering Point (PSAP) and local emergency personnel for your
area when you dial 911. You acknowledge and understand that you may need to
state the nature of your emergency promptly and clearly, including your
location, as PSAP personnel will NOT have this information. You acknowledge
and understand that PSAP and emergency personnel may not be able to find
your location if the call is unable to be completed, is dropped or
disconnected, if you are unable to speak to tell them your location, and/or
if the Service is not operational for any reason, including without
limitation those listed elsewhere in this Agreement.
2.12 Alternative 911 Arrangements: YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT
OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE. YOU SHOULD ALWAYS HAVE AN
ALTERNATIVE MEANS OF ACCESSING TRADITIONAL E911 SERVICES.
2.13 No compatibility with other equipment: All non-voice communications
equipment, including but not limited to, home security systems that are set
up to make automatic phone calls, fax machines, modems and medical
monitoring devices, are not compatible with the Service. By accepting this
Agreement, you waive any claim against Vox for interference with or
disruption of such systems due to the Services
3. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
3.1 Limitation of Liability: OregonFAST.net shall not be liable for any
delay or failure to provide the Service, including 911 dialing, at any time
or from time to time, or any interruption or degradation of voice quality
that is caused by any of the following: 1.) act or omission of an underlying
carrier, service provider, vendor or other third party; 2.) equipment,
network or facility failure; 3.) equipment, network or facility upgrade or
modification; 4.) force majeure events such as (but not limited to) acts of
god; strikes; fire; war; riot; government actions; 5.) equipment, network or
facility shortage; 6.) equipment or facility relocation; 7.) service,
equipment, network or facility failure caused by the loss of power to
Customer; or 8.) any other cause that is beyond OregonFAST.net 's control,
including without limitation the failure of an incoming or outgoing
communications, the inability of communications to be connected or
completed, including 911 dialing, or degradation of voice quality.
OregonFAST.net shall hold no liability for any failure or mistake shall in
no event exceed Service charges with respect to the affected time period.
3.2 No Consequential Damages: In no event shall OregonFAST.net, its
officers, directors, employees, affiliates or agents or any other service
provider who furnishes services to Customer in connection with this
Agreement or the Service be liable for any incidental, indirect, special,
punitive, exemplary or consequential damages, or for any damages, including
but not limited to loss of data, loss of revenue or profits, or arising out
of or in connection with the use or inability to use the Service, including
inability to be able to dial 911 or to access emergency service personnel
through the Service. The limitations set forth herein apply to claims
founded in breach of contract, breach of warranty, products liability, tort
and any and all other theories of liability and apply whether or not
OregonFAST.net was informed of the likelihood of any particular type of
damages.
3.3 Indemnification: Customer agrees to defend, indemnify, and hold harmless
OregonFAST.net, its officers, directors, employees, affiliates and agents
and any other service provider who furnishes services to Customer in
connection with this Agreement or the Service, from any and all claims,
losses, damages, fines, penalties, costs and expenses (including, without
limitation, reasonable attorneys fees) by, or on behalf of, Customer or any
third party or user of Customer's Service, relating to this Agreement, the
Services, including 911 dialing, or the Device. This paragraph shall survive
termination of this Agreement.
3.4 No Warranties on Service: OregonFAST.net makes no warranties, express or
implied, including but not limited to, any implied warranties of
merchantability or fitness of the Service or the Device for a particular
purpose. OregonFAST.net does not warrant that the Service will be without
Service failure, delay, interruption, error, and degradation of voice
quality or loss of content, data or information. Neither OregonFAST.net nor
its officers, directors, employees, affiliates or agents or any other
service provider or vendor who furnishes services or products to Customer in
connection with this Agreement or the Service will be liable for
unauthorized access to OregonFAST.net's VoIP or Customer's transmission
facilities or premises equipment or for unauthorized access to, or
alteration, theft or destruction of, Customer's data files, programs,
procedures or information through accident, fraudulent means or devices or
any other method, regardless of whether such damage occurs as a result of
OregonFAST.net or its service provider's or vendors' negligence. Statements
and descriptions concerning the Service or Device, if any, by OregonFAST.net
or OregonFAST.net 's agents or installers are informational and are not
given as a warranty of any kind.
3.5 No Third Party Beneficiaries: No provision of this Agreement provides
any person or entity not a party to this Agreement with any remedy, claim,
liability, reimbursement, or cause of action or creates any other third
party beneficiary rights.
3.6 Content: You are liable for any and all liability that may arise out of
the content transmitted by or to you or Users using the Services. You shall
assure that your or User's use of the Services and content will at all times
comply with all applicable laws, regulations and written and electronic
instructions for use. OregonFAST.net reserves the right to terminate or
suspend affected Services, and/or remove Your or Users' content from the
Services, if OregonFAST.net determines that such use or content does not
conform with the requirements set forth in this Agreement or interferes with
OregonFAST.net's ability to provide Services to you or others or receives
notice from anyone that Your or Users' use or Content may violate any laws
or regulations. OregonFAST.net's actions or inaction under this Section
shall not constitute review or approval of Your or Users' use or Content.
You will indemnify and hold OregonFAST.net against any and all liability
arising from the content transmitted by or to you or to Users using the
Services. A "User" means any person, whether authorized or unauthorized,
using the Service and/or Device provided to you.
4. GOVERNING LAW / RESOLUTION OF DISPUTES
4.1 Mandatory Arbitration: Any dispute or claim between Customer and
OregonFAST.net arising out of or relating to the Service or Device 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 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
Customer will not bring, or join a punitive or certified class action to
arbitration or seek to consolidate or bring previously consolidated claims
in arbitration. Customer acknowledges that this arbitration provision
constitutes a waiver of any right to a jury trial.
4.2 Governing Law: The Agreement and the relationship between you and
OregonFAST.net shall be governed by the laws of the State of Oregon without
regard to its conflict of law provisions. You and OregonFAST.net agree to
submit to the personal and exclusive jurisdiction of the courts located
within Oregon. The failure of OregonFAST.net to exercise or enforce any
right or provision of the Agreement shall not constitute a waiver of such
right or provision. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of
the Service or the Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred. If any part of this
Agreement is legally declared invalid or unenforceable, all other parts of
this Agreement are still valid and enforceable. Such invalidity or
non-enforceability will not invalidate or render unenforceable any other
portion of this Agreement.
5. PRIVACY
OregonFAST.net Service may utilize, in whole or in part, the public Internet
and third party networks to transmit voice and other communications.
OregonFAST.net OregonFAST.net is not liable for any lack of privacy that may
be experienced with regard to the Service. Please refer to our Privacy
Policy at www.voxcorp.net for additional information.
6. CHANGES; NOTICES
Except where expressly prohibited by law, the Customer agrees to accept
notices to this agreement electronically, either by email or by web site
posting. Notices to Customer of any changes to these "Terms of Service"
shall be considered given by posting to the "Service Announcements" section
of the OregonFAST.net VoIP Services Web Site. Notice will be considered
received by Customer, and such changes will become binding on Customer, on
the date posted to the OregonFAST.net Web Site and no further notice by
OregonFAST.net is required.
7. ENTIRE AGREEMENT
This Agreement, the accompanying work order, any Terms of Services or other
rules now or hereafter specified by OregonFAST.net for the Service, public
disclosures and/or any applicable tariff(s) on file with the applicable
state utility commission or FCC shall constitute the entire agreement
between OregonFAST.net and Customer with respect to the subject matter
hereof, and supersedes all previous written agreements between
OregonFAST.net and Customer with respect to the services provided hereunder.
Acceptance of the Service shall constitute acceptance of the terms and
conditions herein.
Thank you,
Tiffany Rogato
OregonFAST.net
Open 7 days a week (9:00 am to 5:00 pm)
(541)902-1566
Request VoIP billing@oregonfast.net
Access Agreement 
