Terms of Service
Purecom strives to provide the most reliable and robust Internet services available. To ensure quality service for each of our customers the following terms and conditions have been adopted. By subscribing to Purecom services, you understand and agree to these terms of service and any future modifications or additions to this document.
Broadband Services
Service Term
Purecom requires all broadband installations and inbound switches to commit to an initial service term at least twelve months in length. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. Service terms are required to offset associated costs of service acquisition, and for Purecom to maintain innovative broadband policies and service features for a sustained period of time. Your initial service term begins once our vendor declares your circuit as up and running on Purecom's network, referred to as your Installation or Activation Date. In the event of a service move (if you move and have the service installed at the new location), a new initial service term will begin again from the date of activation at the new location. Additionally, in the event of a switch from another ISP to Purecom, the initial service term will begin from the date that the ISP switch is completed. Requests to have your circuit switched to an alternate service provider at anytime during an active service term with a specific order will be subject to an Outbound Switch Fee to cover Purecom's provisioning expenses.
Service Installation
Purecom is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches. Should a new order be placed for line-sharing DSL on a voice line with existing DSL service, a vendor may find it necessary to migrate that service in order to complete your installation. This may occur without warning during the course of your order. You are ultimately responsible for identifying this prior to initial order placement as well as handling any outstanding contractual obligations with your former DSL provider. For most installation and/or truck roll dates, an individual over the age of 18 must be present to grant access into the home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Purecom at least 2 business days in advance, there will be a Missed Appointment Fee. Similarly, a No Access Fee will be charged if a technician is denied access to the phone closet (NID or Demarc) due to a locked facility, or by the actions of others. If Inside Wiring is pre-authorized during order placement, you are in turn financially responsible for any and all applicable Inside Wiring Fees. If you choose not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete your installation, it is your responsibility to ensure the necessary wiring is completed by yourself or a third party vendor. The Installation technician will supply your CPE (Customer Premise Equipment), and service will be considered Activated once the line from the Central Office to your phone box is verified as running. The maximum number of phone line filters recommended on any line sharing order is three. Additional phone lines/filters may interfere with the quality of your DSL service.
Service Guarantee
DSL Digital Subscriber Line is a complex technology with known limitations that must be acknowledged, however, Purecom will do its best to provide you the maximum speed of the line you are ultimately delivered. The availability targets referenced below do not account for scheduled outages on Purecom's network or events outside of Purecom's control, including, but not limited to, force majeure events or Customer equipment outages.
ADSL: The throughput you receive can vary from line to line depending on a variety of factors such as Internal Wiring, line quality, location, Internet traffic, and other variables outside of Purecom's control. Due to this, Purecom provides ADSL as a best effort service, and cannot guarantee upload or download speeds. Credits for service outages due to vendor or ILEC issues are issued only after the circuit in question has been out of operation for at least 72 hours. This is measured from the time a vendor Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If you are experiencing a service outage, please contact our support team as soon as possible to begin proper troubleshooting.
ClearLink™ ADSL: The service guarantees described below only apply to Business ClearLink™ and Business ClearLink™ Plus packages. Purecom provides an uptime availability target of 99% for ClearLink™ services each calendar month. If Purecom fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if through no fault of your own no traffic is exchanged on the line, or Purecom is unable to ping your otherwise correctly installed router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket. Purecom's target response time for initializing service restoration following phone notification of a ClearLink™ ADSL service outage is 36 hours. If Purecom is unable to meet this target response time, you may request a credit for 10% your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which you are eligible during a calendar month exceed the total of your package's monthly recurring charge.
SDSL and IDSL: The service guarantees described below do not apply to Residential-class IDSL services. Purecom provides an uptime availability target of 99.9% for SDSL or IDSL services each calendar month. If Purecom fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Purecom is unable to ping your router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket. Purecom's target response time for initializing service restoration following phone notification of a SDSL or IDSL service outage is 24 hours. If Purecom is unable to meet this target response time, you may request a credit for 10% your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of your package's monthly recurring charge.
T1: Purecom will make every effort to install your T1 circuit within 40 calendar days of your date of order. In the event that we fail to meet this target, you are eligible for a credit of 50% of your first monthly recurring charge. To claim this credit, you must request it from your account manager within 30 calendar days of your installation date. This guarantee does not apply to pre-installation cancellations due to technical limitations. Purecom provides an uptime availability target of 99.99% for T1 services each calendar month. If Purecom fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Purecom is unable to ping your router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket. Purecom's target response time for initializing service restoration following phone notification of a T1 service outage is 4 hours. If Purecom is unable to meet this target response time, you may request a credit for 10% of your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of your package's monthly recurring charge. Purecom guarantees a maximum average latency of 110 milliseconds from your router to a test point on the Purecom network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 is experiencing a service outage. Should your average latency exceed the guaranteed maximum in a calendar month you are eligible for a credit equal to one day's worth of service. Packet return is guaranteed at a minimum hourly average of 99.8% from your router to a test point on the Purecom network. Packet return is not measured when a T1 is experiencing a service outage. You are eligible for a credit equal to one day's worth of service for each hour that your packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month. Test points for both latency and packet loss guarantees are designated by Purecom and may be your gateway router or a server within your Purecom Point of Presence. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding our service guarantees, Purecom reserves the right to recommend the disconnection of your service without penalty.
All Broadband Services: Purecom does not guarantee "ping times" for any product. Ping times are often misunderstood as indicative of throughput or speed of your line. If you have any questions or concerns regarding ping times or throughput, please contact Purecom Customer Support. All Purecom-provided customer premise equipment is pre-configured for the service ordered. Purecom technicians know your equipment, and can make any changes needed after your service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to Purecom technicians will result in billable configuration/repair by Purecom and/or vendor technicians. If you provide your own equipment, arrangements must be made during order placement. Purecom cannot guarantee your hardware's compatibility with our services or our ability to support it. If a technician visit is required to reconfigure pre-owned or non-Purecom provided hardware, an additional charge may be involved. If you require the password to access your router, Purecom provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router. If a vendor technician dispatch is necessary to repair any non-Purecom/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Purecom remotely, hardware reconfigurations, or hardware repairs not covered under warranty, there will be a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per vendor discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by our vendors. Other than as specifically described in these Terms of Service, Purecom makes no guarantee or warranty of any kind. Purecom does not warrant or guarantee that its service is fit for your particular purpose. Purecom does not warrant or guarantee that its service meets any implied warranty of merchantability. Purecom does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.
Disconnection Policy
It is the responsibility of the account holder to notify Purecom of cancellation. Cancellations must be in writing, it may take up to 30 days for cancellations to take effect. Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation.
PRIOR TO ACTIVATION - Cancellations within 72 hours of order placement will not be subject to penalty. Cancellations Requested before the Activation Date and after 72 hours from initial order placement will be subject to a Processing Fee. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by Purecom or its vendors due to technical limitations.
FOLLOWING ACTIVATION - Purecom offers a 25-day Trial Period on all ADSL services. If you feel that you must cancel your ADSL service within 25 calendar days of your Activation Date you may do so without being subject to a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, or Promotional Fees will apply. If your ADSL service is disconnected or terminated after 25 calendar days from your Activation Date and prior to end of your initial service term, or at anytime during an extended service term with that specific order, you will incur a Disconnection Fee.
Purecom does not offer a Trial Period on SDSL, IDSL or T1 services. If your SDSL, IDSL or T1 service is disconnected or terminated after your Activation Date and prior to end of your initial service term, or at anytime during an extended service term with that specific order, you will incur a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, or Promotional Fees will apply.
Web Services
Web Hosting and Email Services
In addition to the other terms provided in this document, the following terms apply specifically to customers utilizing Purecom's Hosting Services.
Per our Acceptable Use Policy, should your website utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Purecom reserves the right to request that you either upgrade your web hosting service package or reduce your website's use of resources to an acceptable level. Purecom will be the sole arbiter of what is considered to be an excessive amount of server resources. Purecom reserves the right to suspend or shut down any Web Hosting account deemed to adversely affect server performance or network integrity.
Purecom strictly prohibits bulk, unsolicited email and related practices, as defined by our Acceptable Use Policy.
Scripts that pose a potential security risk and/or are deemed to adversely affect server performance or network integrity will be shut down or removed without prior notice.
Purecom does not allow IRC clients or IRC bots to be hosted and operated on its web-hosting servers.
All content hosted on Purecom's servers are subject to our Acceptable Use Policy. Purecom servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws.
Purecom may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide customers with Purecom's services. Certain changes to Purecom's services may affect the operation of customers' personalized applications and content. While Purecom will work with its customers to provide proper notice of such changes, each customer is solely responsible, and Purecom is not liable, for any and all such personalized applications and content, except as expressly agreed to by Purecom.
Customers are solely and entirely responsible for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Purecom services.
Any mention of non-Purecom products by Purecom and its employees is for information purposes only and does not constitute an endorsement or recommendation by Purecom. Purecom disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Purecom products or services.
Miscellaneous
Acceptable Use Policy
You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your Purecom account services that are deemed to be in violation of our Acceptable Use Policy. Purecom vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify Purecom's Abuse Department and appropriate action can be taken. In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, Purecom reserves the right to suspend and/or terminate your account and all Purecom-provided services immediately, without advanced notice. Purecom reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that Purecom's determination is final and binding on you.
The following activities are considered in violation of Purecom's Acceptable Use Policy: Intellectual Property Rights Infringement: Purecom respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, Purecom, LLC's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by Purecom indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. Purecom, LLC's policy of service suspension or termination of members deemed to infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law.
Denial of Service: The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation.
Hacking: Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.
E-Mail Spam: Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of Purecom's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.
Newsgroup Spam: Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation.
Dissemination of Viruses: Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation. Additionally, repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails to be sent to other customers or third parties is in violation.
Personnel Abuse: Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward Purecom personnel are considered in violation and will not be tolerated.
As an ISP, Purecom's bottom line is determined partially by the amount of bandwidth customers utilize. Purecom can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. If you utilize any of your Purecom services in a manner which consumes excessive bandwidth or affects Purecom's core equipment, overall network performance, or other users' services, Purecom may require that you cease or alter these activities. Purecom does not allow customers authoritative control of their own reverse DNS within the purecom.net domain.
The resale of residential-class services is strictly prohibited. Collection of service fees from third party customers on behalf of a Purecom residential-class service is allowed only if the primary account holder has subscribed to a service package defined by Purecom to promote connection sharing of any type. This includes but is not limited to both wireless and wired connection sharing.
Purecom believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISPs, Purecom allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations. Any service that causes a disruption in the network integrity of Purecom or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any Purecom servers, servers connected to a Purecom provided Internet connection, or shared networks. Purecom reserves the right to modify or terminate services at our sole discretion.
Email Communication
Purecom communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All Purecom Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your Purecom email to your preferred account. Your Purecom email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.
Account Billing and Payment
Purecom reserves the right to perform a credit/background check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check. Billing will commence on your Activation Date (i.e. The day our vendor declares your circuit installed, inbound switch completed, or your Domain Hosting, or other service account created.) You will be financially responsible for all service time thereafter unless Purecom is notified within a timely manner of an outstanding issue which Purecom deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.
Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice.
Purecom charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.
Should you opt to terminate your Purecom service(s), you must contact us via telephone on the effective date. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.
Bill Accounts will be invoiced 30 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. For example, if your Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee.
Bill Accounts are automatically setup for credit card or ACH (Automated Clearing House) autorenewal by default, using the credit card or ACH information provided during the order process. To update your credit card or bank account information please contact us by calling 1-866-377-0189 or emailing us at billing@purecom.com. Purecom will make every effort to process autorenew payments from your credit card or bank account 7 days prior to each invoice's due date. Purecom reserves the right to charge the credit card on file if your ACH payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of autorenew status, remains past due.
Purecom reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Disconnection Fees will be applied and due at that time.
If you wish to reinstate service with Purecom, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.
Termination Policy
Purecom has the right to terminate your service at its sole discretion, as determined by Purecom's Acceptable Use Policy. Customers within an active service term that are terminated due to violation of Purecom's Acceptable Use Policy will be assessed a standard Disconnection Fee. All customers terminated for this reason are liable for any and all outstanding funds due to Purecom at the time of service termination, including but not limited to rendered service, hardware and installation fees.
Non-Recurring Charges
CHARGES ARE SUBJECT TO CHANGE AT PURECOM'S SOLE DISCRETION. Please reference Purecom's Terms of Service for full description of charges.
Disconnection Fees:
Standard ADSL Disconnection Fee: You will be charged a $199 Disconnection Fee for any specific individual ADSL circuit order that is disconnected or terminated prior to the end of its then current service term.
Standard IDSL Disconnection Fee: You will be charged a $199 Disconnection Fee for any specific individual IDSL circuit order that is disconnected or terminated prior to the end of its then current service term.
Standard SDSL Disconnection Fee: You will be charged a $199 Disconnection Fee for any specific individual SDSL circuit order that is disconnected or terminated prior to the end of its then current service term.
Standard T1 Disconnection Fee: You will be charged a $299 Disconnection Fee for any specific individual T1 circuit order that is disconnected or terminated prior to the end of its then current service term. You will also be liable for the full amount (including the Purecom paid portion) of any Construction or Special Access charges approved by you.
Dispatch Time is charged per vendor discretion for time spent on site during a dispatch. Covad charges are $20 per whole or partial 15 minutes.
Inside Wiring Fee of $150 for the initial hour, $100 per hour there after.
$99 Missed Appointment Fee if there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Purecom at least 2 business days in advance.
$99 No Access Fee if a technician is denied access to the phone closet (NID or Demarc) due to a locked facility, or by the actions of others.
$199 Outbound Switch Fee for all requests to have your broadband circuit switched to an alternate service provider at any time during the first year of service with a specific order.
Processing Fees:
ADSL Processing Fee: You will be charged a $49 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
SDSL Processing Fee: You will be charged a $99 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
IDSL Processing Fee: You will be charged a $99 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
T1 Processing Fee: You will be charged a $249 Processing Fee in addition to any Construction/Special Access (including the Purecom paid portion thereof) or Special (Non-Standard) Installation Fees you approved for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
$49 Retrieval Fee applied for all requests of data retrieval from Purecom's servers.
$25 Returned Payment Fee if a payment in any form is recovered or otherwise not paid by your financial institution.
$199 Technician Dispatch Fee if a vendor technician dispatch is necessary to repair any non-Purecom/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Purecom remotely, hardware reconfigurations, or hardware repairs not covered under warranty. Additional repairs may be billed per vendor discretion.
Liability and Limitations
Purecom is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other Purecom customer, whether legal or illegal; or any other goods or services provided by Purecom or any of its vendors. In no event shall Purecom be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year. The technical support that Purecom provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.
VoIP Terms of Service
PURECOM OFFERS A 911 EMERGENCY DIALING SERVICE. HOWEVER, THIS 911-TYPE DIALING IS DIFFERENT IN A NUMBER OF WAYS FROM TRADITIONAL 911, INCLUDING BUT NOT LIMITED TO:
1. 911 service is only available at the address provided by you at time of order.
2. You must NOT change the address location of the equipment.
3. In most instances, your phone number and address will be provided automatically to emergency personnel. However, in some cases, you may have to provide this information verbally.
4. Outages or disruptions of broadband service will disrupt Purecom Voice 911 Emergency Dialing capabilities, these may include for example: power failure or disruption, broadband service outage, broadband service suspension or termination.
If you signed up under a plan offering "Free Hardware" or "Free Number Porting" and cancel your service before completing your first 12 months of service, you will be charged a $45.00 Disconnection Fee.
Non-voice communications equipment such as home security systems and medical monitoring devices are not compatible with Purecom Voice Service, and fax machines and modems may not be compatible with Purecom Voice Service.
Please read the entire Voice Service Subscriber Agreement below for additional information and other important details.
Purecom Voice Service Subscriber Agreement
This Agreement ("Agreement") is between Purecom, LLC, and a user of Purecom, LLC's enhanced voice communications services as described below. This Agreement governs both the services described below and any devices provided by Purecom, LLC for use in conjunction with the services, including but not limited to the "Purecom Equipment" (as defined herein). In this Agreement, "you" and "your" mean the customer of the Purecom, LLC services defined below, and "Purecom," "we," "our," and "us" mean Purecom, LLC, and any Purecom affiliates authorized to provide you with Purecom services. BY BREAKING THE SEAL ON THE PACKAGE ("SEAL"), ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING IN MARKETING MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON THE PURECOM VOICE SERVICE WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING PURECOM AT 1-888-246-7023 FOR FURTHER DIRECTIONS.
Term
Service is offered on a monthly basis for a term which begins on the date that Purecom activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Purecom notice of non-renewal. If you terminate Service prior to the end of a monthly term, you will be responsible for the month's charges to the date of termination, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement.
Service Description
Purecom Voice Service is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol ("IP") and carried, in part, over high-speed internet access, also known as broadband internet service. This service may be generically referred to as "Voice over IP". It is separate and distinct from standard Local, Local Toll and Long-Distance services. "Service" or "Services" is defined to include Voice over IP unlimited local and nationwide direct dialed calling within the United States and Canada and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which Purecom, in its sole discretion, may add, modify, or delete from time to time.
Purecom's Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). Purecom's Service may not support 900, 311, 511 and/or other x11 (other than 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service provided by Purecom. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.
Service Requirements
Purecom Voice Service requires: (a) specialized customer premises equipment called a telephone adapter ("TA", "Device" or "Purecom Equipment") obtained through Purecom or a third party that allows connectivity from a regular telephone handset (which you need to supply) to your broadband connection and which you are responsible for installing yourself pursuant to instructions provided to you by Purecom; and (b) a broadband connection via cable modem (2-way cable) or DSL with broadband capability of at least 90 Kbps upstream speed that you have a right to use at your own expense. Since voice over IP is dependent on the broadband connection, the availability of an adequate power supply and correct TA configuration, Purecom does not guarantee that the service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.
Purecom 911 Services
Purecom Voice Service 911 Emergency Dialing
PLEASE READ THE INFORMATION BELOW ABOUT 911 DIALING CAREFULLY. BY USING AND PAYING FOR THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE PURECOM VOICE 911 EMERGENCY DIALING SERVICE, AND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR ENHANCED 911 ("e911") CALLS.
YOU ACKNOWLEDGE AND UNDERSTAND THAT PURECOM OFFERS A 911 EMERGENCY SERVICE AS DESCRIBED HEREIN AND THAT SUCH 911 DIALING IS DIFFERENT IN A NUMBER OF IMPORTANT WAYS (SOME, BUT NOT NECESSARILY ALL, OF WHICH ARE DESCRIBED IN THIS AGREEMENT) FROM TRADITIONAL 911 SERVICE, AND THAT WE HAVE TOLD YOU THAT THE PURECOM SERVICE DOES NOT SUPPORT TRADITIONAL 911 OR E911. PURECOM 911 DIALING CANNOT BE USED IN CONJUNCTION WITH A SOFT PHONE APPLICATION AND IS ONLY AVAILABLE ON PURECOM PROVIDED DEVICES OR EQUIPMENT. 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 OF THE NON-AVAILABILITY OF TRADITIONAL 911 OR E911 DIALING FROM YOUR PURECOM SERVICE AND DEVICE(S) AND TO INFORM THEM OF THE IMPORTANT DIFFERENCES AND LIMITATIONS OF PURECOM 911 DIALING SERVICE AS COMPARED WITH TRADITIONAL 911 OR E911 DIALING THAT ARE SET FORTH IN THIS AGREEMENT.
911-Type Dialing Capabiliies with Purecom Voice Service
WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING PURECOM VOICE SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER MAY BE LOCATED AT A PUBLIC SAFETY ANSWERING POINT (PSAP) DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE OR OTHER BACK-UP EMERGENCY ANSWERING SERVICES. PURECOM RELIES ON THIRD PARTIES FOR THE FORWARDING OF INFORMATION UNDERLYING SUCH ROUTING, AND ACCORDINGLY PURECOM AND ITS THIRD PARTY PROVIDER(S) DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH INFORMATION OR ROUTING IS INCORRECT. IN ADDITION, PURECOM VOICE 911 SERVICE HAS FEWER CAPABILITIES THAN TRADITIONAL 911 OR E911 SERVICE AS FOLLOWS:
911 Emergency dialing is only available at the Physical Street Address registered with Purecom for the particular area code and phone number
You acknowledge and agree that 911-type Services shall only be available at the Physical street address associated with the particular Area Code and Phone Number assigned to you. You further acknowledge and agree that 911-type Services will not be available to a particular customer and neither Purecom nor its underlying service providers shall have any liability to you or any third party for failure to provide 911 Services to you in the event of the assignment of a Area Code and Phone Number to you located outside of the Exchange Area associated with your physical street address or relocation of the telephone device to which an Area Code and Phone Number has been assigned to a location other than your physical street address as registered with Purecom.
Failure to Designate the correct physical Street Address
IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL CURRENT AND CORRECT PHYSICAL STREET ADDRESS LOCATION WHERE YOUR PURECOM EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. When activating Service you must provide the actual physical street address where the Device will be located, not a post office box, mail drop or similar address. You acknowledge and understand that 911 dialing does not function properly or at all if you move or otherwise change the physical location of your Purecom Device to a different street address. Any change of the devices physical address must be coordinated with Purecom for the service and 911 to work properly.
Automated Number & Location Identification
THE PSAP RECEIVING PURECOM VOICE 911 EMERGENCY SERVICE CALLS MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. Purecom's system is configured in most instances to send the automated number identification information and to transmit identification of the address that you have registered with Purecom to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911; however, one or more telephone companies, not Purecom, route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs 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 and location 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 location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
Power failure, Outages or Disruptions of Service
YOU ACKNOWLEDGE AND ACCEPT THAT PURECOM VOICE 911 SERVICE WILL NOT FUNCTION IF YOUR TA FAILS OR IS NOT CONFIGURED CORRECTLY OR IF YOUR PURECOM VOICE SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION INCLUDING SUSPENSION OR TERMINATION OF SERVICE BY YOUR BROADBAND PROVIDER AND/OR ISP OR BY PURECOM FOR ANY REASON INCLUDING BILLING ISSUES OR FOR OTHER REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT. IF THERE IS A POWER OUTAGE THE SERVICE AND 911 DIALING WILL NOT FUNCTION UNTIL POWER IS RESTORED AND YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE PURECOM EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR PURECOM VOICE SERVICE, INCLUDING FOR 911 PURPOSES.
Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911
YOU ACKNOWLEDGE AND UNDERSTAND THAT FOR TECHNICAL REASONS ASSOCIATED WITH THE POSSIBILITY OF NETWORK CONGESTION, WITH PURECOM VOICE SERVICE THERE IS A GREATER POSSIBILITY THAT YOUR 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER, AS COMPARED TO TRADITIONAL 911 CALLS OVER TRADITIONAL PUBLIC TELEPHONE NETWORKS. You acknowledge and accept that Purecom relies on third parties for the forwarding of information underlying such routing, and accordingly Purecom and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect.
Limitation of Liability and Indemnification
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. YOU ACKNOWLEDGE AND UNDERSTAND SUCH LIMITATIONS AND AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS PURECOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER OF ITS UNDERLYING PROVIDERS, SERVICE PROVIDERS OR OTHER THIRD PARTY PROVIDERS WHO FURNISH SERVICES TO YOU OR PURECOM IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PERSON OR PARTY OR USER OF THE SERVICE RELATING TO OR ARISING OUT OF THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 DIALING AND/OR INABILITY OF YOU OR ANY THIRD PERSON OR PARTY OR USER OF THE SERVICE TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL AND/OR MISROUTES OF 911 CALLS, INCLUDING BUT NOT LIMITED TO MISROUTES RESULTING FROM YOUR PROVISION TO PURECOM OF INCORRECT ADDRESS INFORMATION IN CONNECTION THEREWITH. FURTHER, YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION RESULTING FROM THE FOREGOING EVENTS OR CONDITIONS UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSS CONSTITUTES GROSS NEGLIGENCE, GROSS RECKLESSNESS, OR INTENTIONAL GROSS MISCONDUCT ON THE PART OF PURECOM.
Alternative 911 arrangements
YOU ACKNOWLEDGE THAT PURECOM DOES NOT OFFER PRIMARY LINE OR LIFELINE SERVICES, AND THAT PURECOM STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
Privacy and Security
Voice over IP communication utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that Purecom cannot guarantee that voice over IP communication is private or secure. Purecom is not liable for any lack of privacy or security that you may experience with regard to the Service. You are responsible for taking precautions and providing security that best suits your intended use of the Service. Please refer to Purecom's Privacy Policy located at http://purecom.com/legal_privacy.php for information on our use and disclosure of customer information.
Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Purecom
You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which may or may not be provided by Purecom) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Purecom terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require you to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature. Should Purecom suspend or terminate your Service, the Service will not function until such time as Purecom restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).
Home Security Systems and other Non-voice Communications Equipment
All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls and medical monitoring devices, are not compatible with Purecom Voice Service, and fax machines and modems may not be compatible with Purecom Voice Service. By accepting this Agreement, you waive any claim against Purecom for interference with or disruption of such systems due to the Services.
Local Number Portability
In the event you are not utilizing a new phone number for your Purecom Voice Service, but rather are transferring an existing phone number, which currently is subscribed to a carrier other than Purecom for local, long distance and international telephone services, to Purecom Voice Service, the terms and conditions of this paragraph shall apply:
1. you hereby authorize Purecom to process your order for Purecom Voice Service and to notify your local telephone company of your decision to switch your local, local toll and long distance services to Purecom Voice Service, and represent that you are authorized to take this action;
2. you agree and acknowledge that if you set up your TA prior to the date that the number switch becomes effective ("Port Effective Date"), you may only be able to make outgoing calls over the phone you have connected to the TA. In such event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able to both make and receive calls using the Purecom Voice Service; and
3. you agree and acknowledge that if your TA is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring may be disconnected and you may have no service for that line. Therefore, to avoid an interruption in your phone service, it is extremely important that you install the TA prior to, or on, the Port Effective Date. An estimate of the Port Effective Date will be sent to you via e-mail by Purecom following your completion of the ordering process.
Number Transfer on Service Termination
Purecom or its providers may receive requests from other telephony providers (Requesting Party) acting as agents on your behalf to port a telephone number currently assigned to you to a third party provider ("Port-Out"). Purecom will support all such requests and will cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party's reasonable directions and Purecom's or its vendors' standard operating procedures. Note that you will be responsible for all monthly, usage and disconnect fees associated with your Service until the Port-Out date of completion or last date of your service period, whichever comes last.
Lawful, Non Fraudulent Use of Service and TA
You agree to use the Service and TA only for lawful purposes. You will not use the Service or TA for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers; or (2) avoids your obligation to pay for communication services. If Purecom has reason to believe that you or someone else is abusing the Service or using it fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Service without advance notice. While we encourage use of the Service within the United States to other countries, Purecom does not presently offer or support the Service to customers located in other countries. The TA is intended for use only in the United States. 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 sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Purecom against any and all liability for any such use. Should removal of the Device from the United States violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless Purecom against any and all liability for such violation. If Purecom determines that you are using the Service form outside of the United States Purecom reserves the right to terminate your service immediately and without advance notice, leaving you responsible for all outstanding charges, all of which immediately become due and payable.
Residential Use of Service and Device- Prohibition on Resale
If you have subscribed to Purecom Voice, the Service and Device are provided to you as a residential user, for your personal, residential use. This means that you are not using them for any unauthorized activities including but not limited to telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer 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 Purecom in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any unauthorized purpose will obligate you to pay Purecom's higher rates for such services for all periods, including past periods, in which you use, or used, the Service for unauthorized purposes. Purecom reserves the right to immediately terminate or modify the Service, if Purecom determines, in its sole discretion, that the Service is being used for unauthorized use.
Theft of Service
You agree to notify Purecom immediately, in writing or by calling the Purecom customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Purecom receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
Ownership and Risk of Loss
You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to this Agreement and has been received by Purecom.
Prohibited Uses of Service
You are expressly prohibited from reselling or transferring the Service or Purecom Equipment to any other person for any purpose, without express written permission from Purecom in advance. In addition, you are expressly prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for uses that result in excessive usage inconsistent with normal residential or home office usage patterns. If Purecom determines, in its sole discretion, that you are reselling or transferring the Service or that your Service is being used for any of the aforementioned activities, Purecom reserves the right to immediately terminate without advance notice or modify the Service and to assess additional charges for each month in which excessive usage occurred.
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 Purecom's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Purecom reserves the right to terminate your service immediately and without advance notice if Purecom, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at Purecom's discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Purecom against any and all liability for any such use. If Purecom, in its sole discretion believes that you have violated the above restrictions, Purecom may forward the objectionable material, as well as your communications with Purecom and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
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 you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Purecom's website(s) are protected by trademark, copyright, patent and other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Purecom are and shall remain the exclusive property of Purecom and nothing in this Agreement shall grant you the right or license to use any of 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 you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that Purecom will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by Purecom, which Purecom 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 Purecom against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
Tampering with the Device or Service
The TA will be configured for your exclusive use of the service purchased on the broadband connection designated by Purecom. Unless expressly authorized to do so by Purecom you shall not tamper with the TA, modify its configuration or try to directly access it in any way. 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 Purecom. Purecom reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
Cancellation of Service
By you:
1. If you cancel your Service before completing your first 12 months of service, you will be charged a $45.00 Disconnection Fee.
2. Cancellation may take up to two business days to become effective.
3. Your credit card will be charged for any remaining usage charges after contacting Purecom to cancel your Service.
By Purecom:
1. Purecom reserves the right to discontinue furnishing services, cancel your account, and/or block your access to the Purecom network, without incurring any liability, immediately and without notice if Purecom deems that such action is necessary to prevent or to protect against fraud or to otherwise protect Purecom's personnel, agents, facilities, or services. Without limitation, Purecom may take such actions if:
1. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service;
2. You indicate that you will not comply with a request for security for the payment for services;
3. Your service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud;
4. You have been given notice by Purecom of any past due amount (which remains unpaid, in whole or in part) for any of Purecom's or an affiliated carrier's service to which you either subscribe or had subscribed or used;
5. You either refuse to pay when billed for service or indicate to Purecom or an entity billing on Purecom's behalf that you do not intend to pay for service used by you;
6. You use, or attempt to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by (i) using or attempting to use service by rearranging, tampering with, or making connections to service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;
7. You act, or fail to act, in a manner that hinders or frustrates any investigation by Purecom or others having legal authority to investigate your legal obligations;
8. You were previously provided with notice of breach of contract, took corrective action, but thereafter engage in the same breach activity; or
9. You act in a manner that is threatening, obscene, harassing, or abusive to Purecom personnel.
Should your telephone equipment stop performing according to the standard Purecom service requirements, Purecom reserves the right to temporarily restrict your access to the service and the network until Purecom resolves the issue.
2. Purecom reserves the right to discontinue furnishing services, cancel your account, and/or block your access to Purecom's network, without incurring any liability, immediately upon written notice to you if:
1. Any invoice charges remain outstanding and owed by you after the 30th day from the date of the invoice notifying you of the charges; or
2. You fail to comply with a request by Purecom for security for the payment for services.
3. The discontinuance of service(s) by Purecom pursuant to these provisions does not relieve you of any obligation to pay Purecom for charges due and owing for service(s) furnished up to the time of discontinuance.
Billing and Payment for Services
Purecom will render to you monthly on-line bills for Purecom Voice Service, with the following charges depending on your calling plan:
1. A monthly service fee for your Purecom Voice plan and
2. Long distance call charges (in the event that they are not included in the monthly fee for your plan), charged on a per minute usage basis.
3. International call charges (which are not included in the monthly fee), charged on a per minute usage basis. You can view the rates for international calls placed over Purecom Voice Service at http://purecom.com/voip_international.php
4. Regulatory recovery fees.
You may be charged activation and other fees, as further described at http://www.purecom.com or in the marketing materials pertinent to your offer. You may incur charges or be required to order a different type of service plan if you change your phone number after your Purecom Voice Service has been activated. Where you obtained your TA directly from Purecom, Purecom also reserves the right to charge for shipping charges associated with the TA.
If, in addition, you also receive traditional non-Voice over IP Purecom Broadband Services, you will continue to be separately responsible for those charges.
For full details on Purecom's Account Billing Practices, please reference http://www.purecom.com/legal_terms_of_service.php. Purecom will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which Purecom decides to bill in arrears) to your credit card, including but not limited to: activation fees, monthly Service fees, long distance usage charges, international usage charges, advanced feature charges, equipment purchases, disconnect fees and shipping and handling charges. Purecom reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. Any usage charges will be billed in increments that may be rounded up to the nearest minute except as otherwise set forth in the rate schedules found on Purecom's website.
Commencement of Billing
You are responsible for self-installing the TA once you receive it. Where you purchase the TA directly from Purecom, once your order is processed and the Service is provisioned, we will ship you the TA by 3 day mail, and will begin monthly billing for the Services promptly after the TA shipment date (we refer to this date as the "Service Activation Date"). You are encouraged to complete installation of the TA promptly because you will be responsible for full payment for the charges on your Purecom bill even if you have not yet installed the TA and used the Service at the time the bill is rendered.
Price Changes and other Modifications
Not withstanding any terms to the contrary regarding price changes in the Pricing Guarantee as found in Purecom's general Terms of Service, or anything else therein, Purecom may change the prices and charges for Purecom Voice Services and/or long distance and international calling from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services and/or international calling are effective no sooner than fifteen days after we post them on our web site at http://www.purecom.com. Increases to charges that recover our costs associated with government programs are effective no sooner than 3 days after we post the increases on our web site.
If we increase the monthly service fee (as distinct from long distance call charges, international call charges or regulatory recovery fees) and you would be charged a cancellation or other fee to cancel that Service, or we modify a material term of our Agreement with you and the modification would be materially adverse to you, we will notify you of the increase or modification (as provided herein) and you can cancel the Service without paying the cancellation or other fee (which is your only remedy) by following the cancellation instructions in the notice. If you do not cancel the Service by following the instructions in the notice, then you agree to the increase or modification, even if you paid for Service in advance. If the notice does not say how long you have to cancel, then it is within 14 days after the date of the notice. If we increase charges for Service to which no cancellation or other fee to cancel service applies, we will notify you of the increase, but you will still be responsible for any cancellation fee applicable to any Services you may have if you cancel Service.
Charges and Billing
Charges accrue through a full billing period. To determine the charge for each international call, we may round up to the next full minute for any fraction of minutes used. We will determine the format of the bill and the billing period, and we may change both the bill format and the billing period from time to time.
Payphone Charges
If you make use of any toll free feature that is or may be offered by Purecom in the future, you acknowledge and agree that Purecom is entitled to recover from you any charges imposed on Purecom by payphone owners or operators, either directly or indirectly through Purecom's suppliers in connection with toll free calls made to your number, or any charges imposed on Purecom by its suppliers to recover such costs. Purecom may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as Purecom deems appropriate for the recovery of these costs.
Charges for Directory Calls
Purecom will charge $1.25 for each call made to Purecom directory assistance.
Failure to Pay
Upon advance notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service.
Late Payment Charge & Billing Disputes
Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You must notify Purecom in writing within 7 days after receiving your credit card statement if you dispute any Purecom charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to Purecom in one of the following manners:
Email: support@purecom.com
or
Telephone: 1-866-377-0189
You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit card, we will charge you an additional $25.00. If the state law where you receive the Service requires a different fee, we will charge you that amount.
Taxes
You are responsible for, and shall pay, any applicable federal, state, provincial, 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 your 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 credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide Purecom with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date Purecom receives such certificate.
No Credit Allowances for Interruption of Purecom Voice Service
You acknowledge and agree that the Services are provided "as is." Credit allowances for interruption of Purecom Voice Service, including international calling services, will not be provided.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD PURECOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR SERVICE, RELATING TO OR ARISING OUT OF THE SERVICES, THE TELEPHONE ADAPTER, OR ITS INSTALLATION, OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE LACK OF 911 DIALING OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE THAT PURECOM SHOULD NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
Limitations of Liability
BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF PURECOM VOICE SERVICE DESCRIBED HEREIN.
PURECOM'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF PURECOM RELATED TO THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO 911 DIALING, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PURECOM'S INTENTIONAL MISCONDUCT OR RECKLESSNESS. EXCEPT FOR DAMAGES THAT ARE THE DIRECT RESULT OF PURECOM'S WILLFUL OR INTENTIONAL MISCONDUCT, YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION. PURECOM AND OUR EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS, DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA OR PERIPHERALS OR FOR COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT.
Purecom 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 you;
8. outage of your ISP or broadband service provider (including where Purecom is your ISP or Broadband service provider);
9. act or omission of you or any person using the Service or Device provided to you; or
10. any other cause that is beyond Purecom's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, or degradation of voice quality.
Further, Purecom shall not be liable to you or others for any damages arising from the content of any data transmission, communication or message transmitted to or received by you (whether read or unread, solicited or unsolicited), or losses resulting from any goods or service purchased or messages received or transactions entered into through the Service.
Purecom's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Purecom's performance or nonperformance hereunder or (iii) any Purecom act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.
Disclaimer of Damages
EXCEPT AS PROVIDED ABOVE, IN NO EVENT SHALL PURECOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE DISCLAIMER AND LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT PURECOM WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
Some states do not allow the exclusion or limitation of certain damages, or other modifications of or limitations to certain remedies, so the above exclusion or limitation may not apply to you, in whole or in part.
No Warranties on Service
PURECOM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, PURECOM DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY PURECOM OR PURECOM'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, PURECOM EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
No Warranties, or Limited Warranties, for Devices
If you received the Device new from Purecom and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If your Device did not include a limited warranty from Purecom at the time of receipt, you agree that it accepts the Device "as is" and that you are not entitled to replacement or refund in the event of any defect. Any limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, retailer handling or customer handling. Your sole remedy for any breach of any limited warranty is to obtain a repaired or replacement Device, by following the Purecom return procedures. You must include with the returned Device a letter stating that the you are returning the Device for warranty repair or replacement and stating the nature of the defect. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE PURECOM MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
Dispute Resolution and Mandatory Arbitration
You agree that you will first negotiate with us in good faith to settle any claim or dispute between you and us in any way related to or concerning the agreement, or our provision to you of the Service or a Device ("claim"). You must send a written description of your claim to our contact (by email at support@purecom.com or by post at Purecom, LLC ATTN: Executive Escalations, 1624 Market Street, Suite 207, Denver, CO 80202) to start this process.
Instead of suing in court, you agree that any claim that has not be resolved after our good faith negotiation must be submitted to final, binding arbitration with the American Arbitration Association ("AAA") under its published SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, which are a part of this Agreement by this reference and are available by calling the AAA at 800-778-7879 or visiting its web site at www.adr.org. You must serve our contact (by post at Purecom, LLC ATTN: Contracts Management, 1624 Market Street, Suite 207, Denver, CO 80202) with a notice of an arbitration in order to begin an arbitration. This agreement to arbitrate extends to claims that you assert against other parties, if you also assert claims against us in the same proceeding. The Agreement involves interstate commerce and the Federal Arbitration Act and federal arbitration law govern arbitrations under this Agreement. An arbitrator may only award as much relief as a court having jurisdiction in the place of arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of this Agreement. An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory relief does not apply beyond your dealings with us) or summary judgment under applicable law. AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator's fees except: (a) for claims less than $25, we will pay all arbitrator's fees and (b) for claims between $25 and $1000, you will pay $25 for the arbitrator's fee. You and we agree to pay our own other fees, costs and expenses including those for counsel, experts, and witnesses. Visit www.adr.org arbitrator fee information in hardship circumstances.
Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. While the prohibition on consolidated or class-wide proceedings in this Agreement will continue to apply: (a) you may take claims to small claims court, if they qualify for hearing by such court and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement, as explained in the "Late Payment Charge & Billing Disputes" section above.
YOU AND PURECOM ACKNOWLEDGE AND AGREE THAT THIS SECTION WAIVES ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THIS ARBITRATION AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. SHOULD ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE AGREEMENT SHALL OTHERWISE REMAIN BINDING.
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, right of reimbursement, or cause of action or creates any other third party beneficiary rights.
Acts Beyond Our Control
Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
Assignment
Purecom can assign all or part of our rights or duties under this Agreement without notifying you, and without such assignment being considered a change to the Agreement. In such cases, Purecom will have no further obligations to you. You may not assign this Agreement or the Services under any circumstances without our prior written consent. Subject to these restrictions, this Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.
Notices
Notices from you to Purecom must be provided as specified in this Agreement. Notice from you to Purecom made by calling Purecom at 1-866-377-0189 is effective as of the date that our records show that we received your call. Purecom's notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.
Severability
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.
Entire Agreement
This Agreement, along with Purecom's general Terms of Service and the rates found on Purecom's website, see http://www.purecom.com/legal_terms_of_service.php, constitutes the entire agreement concerning Purecom Voice Services between us and supersedes all prior agreements, understandings, statements or proposals concerning the Purecom Voice Service, including representations, whether written or oral. In the event of any conflict between this Agreement and Purecom's general Terms of Service (including rates), the terms of this Agreement shall take precedence and control.
This Agreement can only be amended as provided herein. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor PURECOM is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
You represent that you may legally enter into this Agreement, have reviewed this Agreement and have read and clearly understand its terms. If you are acting on behalf of a corporation or other entity, you represent that you have full authority to bind that entity and if not you agree to accept personal liability for the account. You are responsible for all charges incurred by any person you authorize to access your account, or allow to use the Service.
